City Council - Regular Meeting

Okay, I'm going to call to order the council meeting of the city of Kuz Bay. And it is now six o'clock. And our first item on the agenda is the flag salute. And would you all join me in that? Ice to the flag of the United States of America and to the republic for it stands. one nation under God, indivisible, with liberty and justice for all.

And I do want to point out at this time uh Mayor Joe Benetti is online and councelor Matthews, councelor Nebergall, and uh councelor who am I missing? Councelor Denovo are not at the meeting tonight. But we do have a quorum. So, we will proceed uh with the agenda as prepared. And our first item is public comment. Do we have anybody that would wish to make a public comment for items that are not on the agenda or the public hearing? Anybody else?

Go ahead and come to the podium and state your name and where you reside. I do have to read a statement. Uh citizens to wishing to address the city council during the time set for public comments are requested to sign the roster as provided by the city recorder. Please print your name, address, and subject of the public concern. The public comment period is intended for the public to share ideas and concerns and is not intended for an interactive discussion with the council. There may be opportunities for public comments during specific agenda items that require a public hearing. Members of the public are requested to confine their remarks to questions or issues under discussion during this time. During any designated comment period, individuals shall not engage in personal attacks. Shall not impugn the motives of the speaker and shall at all times while in session conduct themselves in an appropriate manner. No person shall make personal, impertinent, slanderous or unauthorized remarks or become boisterous while addressing the council. And if you could just give us your name. Great.

Um, good evening, uh, mayor online and members of the city council. My name is Patrick Momson. I live in Empire at 44 468 South Empire Boulevard, and I'm here tonight representing the concerned citizens of Empire. Um, as we all know, the Pacific Coast Intermortal Port is more than just a line item or a distant industrial plan. It's a project that will fundamentally reshape the landscape, the economy, and the daily lives of the people who live in the Empire District. We recognize the scale of this project, and because of that scale, our neighborhood is feeling a mix of anticipation and significant concern. We believe that for a project of this magnitude to succeed, we must have the trust of the community that it borders. Right now, there are many unanswered questions about rail traffic, environmental impacts, and the long-term character effects on our historic neighborhood. To address this, we're hosting a community-led meeting on Wednesday, March 25th at 6 p.m. at the Dolphin Playhouse. This isn't just a presentation. It's an opportunity for constructive, transparent dialogue. We want to ensure that the voices of those who live nearest to the proposed development are heard, understood, and respected. I'm here tonight to formally invite each one of you to join us. As our elected representatives, your presence would signal to the residents of Empire that their concerns are being taken seriously at city hall. We aren't asking for immediate answers or policy decisions on that night. We're asking for your presence and your ears. We want you to see the fe the faces of the people who will be living with the results of the PCIP and to hear their perspectives firsthand in a setting that's rooted in the heart of our community. Again, that's on March 25th at 6 p.m. at

the Dolphin Playhouse. We have extended also extended invitations to the port commissioners, to our state legislators, and to the governor's office because we believe a project of this size requires everyone at the table. Thank you for your time tonight and we look truly look forward to seeing you in Empire on the 25th. I've printed copies of the agenda and printed copies of the invitations to leave with you. If you have any questions, please get in contact with me. Thank you. Thank you.

Uh and let's see, we have three people that have signed up for the to discuss the uh the moratorum. So, we'll move to Mike. Yeah. Me. Yeah. I'll ask question. We're getting we don't know who's first.

What's that? Mike, are you are you talking about the the moratorum or N just just in general? Just want to make sure I'm staying on the map so you know I'm around. Um, as you know, I I you know, I I sometimes think to myself, I don't want to get involved with what goes on around here. Just let it all happen. But then I wake up and get back into it. But just a couple of little things. Well, you know, we we've managed to get the speed down on 101, which has been one of my dreams. And I'm driving along it now. It's so much better. I mean, a lot of people say they don't they they they just can't believe how much better it is. People still speed and people are still going to be idiots. And you know, people still say most stupid things are why it should be 80 miles an hour, but you know, that's too too bad. But anyway, thanks for everybody, all the effort we did. Um Nicole and our guys did a great effort on getting that speed reduced. Um hopefully next we can start working on other areas like Ocean Boulevard. Um and uh Cape Argo Highway needs a good looking at. Um, and while I was on Cape Go highway, I noticed that we doing some paving work off Webster up in the borderline, we just paving a piece of street. And I thought to myself, why? You know, so anyway, I see these things. I know I'm not going to get an answer on it. I just wonder why are we paving just a section of street in a backwoods right on the borderline of property. Yeah, it's in the mail that they did it. You know, I put a couple of maps on that. And another thing, too, the weather's been good. So I took my bike out, risked life and limb, and I thought, well, I'm going to go down to Empire Lakes. So I go down Aan and I get to the end of Akaman. There's this gate. It's been there for a long time. Lower lakes is locked up. It's been that way for a year and a bit or something. No signs, no nothing because I'm on my bike. That's okay. But I still couldn't get through on my bike. You know, the ground is sort

of knocked down and stuff like that. So, um, I lifted my bike over the grass and stuff because it said, you know, it didn't say I couldn't go in there. So, it was just hard access. I think that should be addressed, you know, and uh, so that was just one of those little things. Like I say, these things you you just

you just get to u, you know, you get around and you start it's a new year, so what else you going to get working on? And of course, now we're going to really start trying to put our effort into um into getting the railroad track taken care of and make something that's good for the community. And a lot of people are all in starting to get excited about a rail for trail there, which I think is a possibility. We know the rail is probably not going to be used again, but a rail a rail to trail going all the way from North Bend to Coke will just put us on the map. you know, we won't we won't need containers to get rich. The tourists will get us rich on this one. So, anyway, that's my tenzen.

And Dean, if you could give us your name and where you reside and I did neglect to say that you have three minutes, Max, it is timed and they'll notify you at one minute.

Thank you. Um Dean Lundy of of Empire. U I wanted to repeat what Mike said. Thank you uh guys uh for uh for helping with the u with the uh um 101 corridor. And also um uh I I um uh like uh Mike said um this is a great opportunity to um to uh uh convert the railroad track of the south end from Northbend up to Coke to a to a bike path. The railroad's not going to use it. Um uh and but before I uh go into that, I um I I want to give a shout out from Koko Sutton. Uh I talked to her and and I I assured her. I said, "We're not dropping the ball on the uh on the community cabin." And and uh we do more than talk if if you we'll show up and and swing a hammer and stuff like that. Um I would like to uh give you guys this is a a sample of of um of of how to approach um the um the Kuspay rail uh uh uh uh no the um surface transportation board, which is how you have to abandon a a railroad um uh um uh line to make it into a rail trail, which I think I mean I'm just learning about this stuff and stuff, but I wanted to um um uh address especially Commissioner Carmen. I don't know if he's here, but um this is a great uh uh um uh map that you guys made that would connect with the Northbend uh connect the boardwalk thing, but instead of asking the um uh surface transportation board to to expedite this helping the city streets down along Front Street getting the railroad tracks, I would like to see it all the way down to the um to the tribal uh uh

resort because if we could use that rail past the chip chip plant and stuff. It would just it would be beautiful. And we're all sitting down here. Um ODOT is for it, which is, you know, we should get them to pay for it, but you know, they they want us off the road anyway. And it would be it would be so tranquilo to to ride from Northbend all the way to Coquil along this fabulous river. Anyway, thank you all very much. All right. Do we have anyone else that wishes to speak? Want to speak on the mortorium?

Okay. Um, you recognize that that will not be part of the record under the public hearing or it will be part of the record tonight, but it won't be under the public hearing. Yeah, correct. We would if you want to speak to uh that topic, it's on the agenda and we will have a public hearing then. So, it would be a part of the public record. Yeah. Okay. Thank you for clarifying that. Yeah. Sorry about that. I should have done that earlier. All right. Anyone else? Oh, okay. Okay.

All right. Thank you. All right, since we have no further public comments and I don't see any one online, then uh we will move on to our action items. And our first item under our action items is the consideration to approve a proclamation acknowledging February as Black History Month. You want to give us a little background?

Yeah, I can start us out. So February has long been recognized as Black History Month. This gives us an opportunity to acknowledge and pay tribute to the contributions African-Americans have made to American history during their struggles for freedom and equality. It also deepens our understanding of our shared history as well as an opportunity to remember important and influential people and events in the history of African-Americans. Uh we have as a city acknowledged February as Black History Month and uh we are presenting a proclamation for us to continue to do so for the month of February 2026. All right, any questions on that? And Councelor Kribbons, would you like to read the proclamation for us?

Okay. Good evening. I'm going to read the proclamation here. Uh whereas the city of Kuspay joins the nation in observing February as Black History Month, honoring the 2026 theme, a century of Black History commemorations. And whereas the 2026 theme commemorates the 100th anniversary of the celebration initiated in 1926 by Dr. Carter G. Woodson and designated by the Association for the Study of African-American Life and History, highlighting a century of studying, honoring, and preserving the contributions of people of African descent. And whereas throughout history, African-Americans have significantly contributed to our nation's development through their labor, leadership, and service in agriculture, industry, the military, government, education, and beyond. And whereas the achievements of African-Americans have been instrumental in shaping the economic, cultural, and social landscape of the United States and advancing efforts towards justice, equity, and opportunity. And whereas Black History Month provides an opportunity to reflect on the resilience and perseverance of African-American communities and to recognize their enduring impact on our shared history. And whereas acknowledging and understanding this history is essential to fostering racial equity, inclusion, and respect for human dignity in our community. Uh, now therefore, I, Joe Benedetti, mayor of the city of Kuz Bay, do hereby proclaim Black History Month and encourage all residents to recognize and honor the significant contributions of African-Americans to our nation's history and to celebrate the diversity and strengths of our city.

Thank you. Thank you. And I would entertain a motion. I move to approve the proclamation designating February 2026 as Black History Month. And I will second that. We have a motion and a second to approve the proclamation designating February 2026 as Black History Month. All those in favor say I. I.

I. All opposed. Motion carries. Our next item is consideration of a type 4 land use application number 187-25 000000115- PLNG self storage unit moratorum which would require an enactment of an ordinance [snorts] and Chelsea would you like to give us some background on that?

Yes. So, [clears throat] first I'm gonna apologize for my voice. Sorry. I'll try to get it out. Um, I will do just a brief kind of summary if Christine will give me access to the PowerPoint. Can Can we help her with this where maybe she just has to answer questions or something? Yeah, I'll I'll lend uh I'll uh rely on Nicole to help when my voice fails. I'll be short and sweet. I just felt bad for you. I I'm sorry. I feel

Sounds painful.

It's inevitable. Okay, here we go. Okay, so we're talking about the self- storage uh unit facility moratorum and how we might make changes to the code to regulate those types of developments differently. Just really briefly, this type of action requires certain public notice. All of that notice has been provided to the Department of Land Conservation and Development. It's been posted at city hall, the city website, in the city newsletter. Special notice, what we call ballot 56 or ballot measure 56 notice went out to all affected property owners. And then we um reached out to outside agencies, noticed the public, and published in the world newspaper. So the initial proposal was to add a new definition for mini storage and to expressly prohibit that type of development citywide in line with the moratorum. [clears throat] This is a map that shows uh Kuz Bay the different zoning districts and the little yellow dots probably doesn't show up very well um would be where uh we have existing permitted facilities today. So um there's a quite a few on Ocean Boulevard and then some in Englewood and South Kay and then a few other spread in other places. So brief background back in August is when council first initiated the moratorum. Planning commission conducted the initial public hearing in October. um council then back in November adopted our economic opportunities analysis that showed a deficit of needed commercial industrial lands. Um so that kind of

ties together with the moratorum uh planning commission's public hearing they chose to continue the matter to January asking staff to bring back alternative ways of regulating storage units developments. Um, and really in this case, staff lends data that speaks to what's a reasonable amount of these facilities for one city and what are reasonable ways to regulate development. Um, when you're thinking about how you protect your needed lands and maintain balanced development patterns. So, representatives of the industry, they speak to a high demand for that type of development, a lot of need. I'm sure you will hear uh more about that tonight. Um but general public comment has been mixed both for and against. So some of the alternative pathways not unlike what council might have considered when uh considering how to regulate vacation rentals or marijuana business and things like that. Uh some of the options would be restrict the development um from certain zone districts or prohibit it outright in certain areas of town. You could require this type of development, get a conditional use permit. It's an additional layer of of regulation that would be put on the type of development. You can set a cap on the number of facilities in the city. We currently have 15 permitted facilities and based on the best available data, the average benchmark for a community of our size would be to have four to seven. So we're about double. You can also establish a buffer one facility to the next. A reasonable distance would be 300 to 500 ft more or less as desired. Um what's going on? So, planning commission uh when they

finish their public hearing, they ultimately recommend that council make no changes to existing regulations other than to restrict new development in our Empire area blueprint study area and in our waterfront heritage zone district. And then to adopt a definition for this type of use that aligns with um the building codes definition. So, here's the map. uh this purpleish blue area would be the area that's in the Empire uh blueprint study area. And so that's a long new mark and it extends from Michigan to Shedder kind going over to Empire Boulevard and bounded to the east by South Main Street. The waterfront heritage district is this kind of aqua greeny blue color along Front Street. That's the other area where they're recommending restricting the development. Otherwise, everything else would remain the same. And so ultimately, council has a couple of options. If you felt you wanted to continue this uh matter to a later date to consider other things, we could do that. If council wanted to just deny the application outright, that's an option. You could also approve it with a couple of couple of avenues. Approve it as presented, the kind of complete restriction citywide. Approve it as planning commission recommended, only limiting it in the Empire area and the waterfront um heritage zone districts. Or council could revise the approval in a way that you see fit. And if you do that, you just want to make sure you identify what those changes would be. Any approval requires enactment of an ordinance. So whatever council decides, if you decide on an approval, staff

would bring back that ordinance at a later date to confirm the changes. And so um we this is a time where we could have discussion. You could certainly take public comment first if you would like. Can you just clarify on the slide I think a couple back? Yeah. Um of the Empire area. Yes. Are they is the planning commission is it did you say it's just this blue? Just this kind of overlaid blue. Yeah. Purple blue stuff. Not the red.

Not the red. No, it's just this kind of block. If you can make that out. Okay. Thanks. Yeah.

Are there any other questions before we get into the public hearing? Questions from council? No. I I thought we'd take public comment and then we can we have time to discuss. Yeah, we'll dis discuss it afterwards. Uh Mayor Benedetti, did you have any questions before we go into the public hearing? Not

at this time. Thank you, though. Okay, I do have to read a statement. It is quite lengthy. Uh but it's not as long as the one we had last time. And it is a statement and procedures for a land use public hearing. So, I will now open a public hearing on land use application 187-25-000015115-Png. Today is February 3rd, 2026 and it is 6:24 p.m. My name is Stephanie Kilmer and I am a city councelor. The city council will make a final decision on this application based on the complete record, including the testimony received at tonight's public hearing. These proceedings will be recorded. The hearing will be conducted in accordance with the Kusbay development code and state law. For anyone wishing to speak, we are asking you to use the signup sheet that has been provided. When called upon to speak, you must state your name and address for the public record. We ask that each speaker limit themselves to no more than 3 minutes. Please remember that all presentations will be timed. You will be informed when your aotted time has expired and I believe we give a one minute warning. All speakers exceeding the time limit will be asked to immediately conclude his or her remarks. To minimize repetitive testimony, organizations are encouraged to have only one person speak for the group with other members of the organization standing to show this support. Each person may testify only once unless called back to the podium at the request of the city council member to respond to a question. Thank you for your cooperation.

Conflicts of interest, exparte, contact, and bias. The city council is required to disclose any conflicts of interest and exparte contacts that we have with the proposal or the applicant. That is whether we have any financial or other personal interest in the proposal and whether we have spoken with anybody about the proposal outside of this hearing. Do any council members wish to make disclosures personal or financial? I will disclose that in one of the comments that was received from the public that my name was mentioned as having a conversation with someone that had given testimony at the planning commission and the way it was stated in that is not actually true. uh she had inquired as to how an individual who showed up at her house unannounced had received her address and I did uh explain to her that if she spoke at a hearing or in a public comment period that uh that that was a matter of public record and that's what we discussed. All right. Are there any challenges from the audience as to conflicts of interest, exparte contacts, or bias related to any member of the city council? All right. Required statement. State law requires me to tell you a number of things at the beginning of the hearing. First, the applicable substance substantative criteria that apply to this application are contained in the notice of public hearing, the written staff report, and will be identified and discussed in the oral staff report. Second, your testimony, arguments, and evidence must be directed toward these criteria or other criteria in the comprehensive plan or development code that you believe apply in this to this application.

Third, failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker or other people an opportunity to respond may preclude appeal of a decision on this application based on that issue. City council will make a final decision. A decision of the city council may be appealed to the land use board of appeals, also known as luba. Proceedings. We will now hear from staff applicant who will go over the staff report, which you just did. We will now hear from any person in support of the proposal. Each will have three minutes. State your name and address for the record. Do we have anyone here to speak in support of the application? Okay, please approach the pod. Okay, please approach the podium and give us your name

and where you reside. If I can just come up and I'll just read off to you my comments if that would be okay. Okay.

Uh good evening everybody. My name is Tom Ross. Excuse me. I got what Chelsea's got going on apparently. Uh uh 763 South Broadway in Kuzbay. Um, I'm here to express my concerns for the application known as the self- storage uh unit moratorum. Uh, I am in favor of the planning commission's recommendations and uh I'm asking that those revised application be approved. Um, at recent public hearings, the planning commission unanimously agreed that uh changing the zoning would harm development as a whole. They had a consensus that any potential development should be welcome. Uh they also agreed that Kuzbay has way too many blighted properties and that we should not limit property owners uh their ability to market or develop their sites and to let the market at large decide that. Um the 2025 EOA seemed to me heavily weighted on the PCIP. Uh, I agree with keeping an eye on the horizon is appropriate, but including projections from an undeveloped entity most likely artificially inflated the actual job growth numbers and understated potential lands. Um, U-Haul has a vested interest in the success of the PCIP. We know that pretty much all available storage units will be tapped out in a matter of a couple of months upon execution of that project. um there'll be no place for workers to store their items. Uh this is why UHA has recently invested in Kuzbay and is considering additional possibilities. Uh storage is an essential service that not only creates jobs, it sustains jobs and families. And I would say that it's sustained the city of Kuz Bay as a whole over the years. Uh we can take a quick peek back to 2008 uh where storage allowed families the ability to cons consolidate their homes that they lost, move in with other family members and remain in Kuz Bay and continue working.

Uh another would have been the pandemic where uh storage provided a safe haven for those seeking to temporarily leave to be near other family members ultimately uh to return to KS Bay to our now current post-pandemic new normal. Uh I've been employed with U-Haul for 38 years here in Ksbay and my primary duties is to know the storage community. Bianually I visit every location to get ahead of the spring moving season. My observation is that marketly is drastically underserved not only in K's Bay but all of Kuz County. I'm confident that all of you understand in order to facilitate the PCIP many types of service industries are going to be needed. Storage will be essential for workers, contractors, and many others. Limiting the growth of the storage industry in Kuzbay would likely negatively impact the success of the PCIP project. Again, I ask that the council approve the planning commission's revised application. Thank you all for your time.

Thank you. Do we have anyone else who would like to speak in support of the proposal? Support. Support. support the Okay. Now, we will hear from any person opposing the in opposition to the proposal. Each again will have three minutes and you need to state your name and address for the record when you get to the podium. Anybody opposed? Okay. When you say the proposal, are we referring to of the u the planning commission or of this the application.

Yes, this hearing is with regard to a recommendation that was made to the city council and we will be um that came from the planning commission and we have uh three options as far as how to proceed following the the public comment period.

All right. Uh my name is Vern Hers. I live at 525 South Marple Street in Empire. Um, and I don't need to say any of that. Um, I strongly encourage you to do three things. Follow the one, to follow the planning commission's recommendation for the definition of mini storage. to accept the planning commission's recommendation for the recommendation to simply prohibit new development of many storage facilities in the Empire Area Blueprint and the Waterfront Heritage Zone District and immediately resend the moratorum on many storage facilities to continue. The moratorium would be harmful to the residents of Kuspay because we do not have enough. Everybody tends to be full and it's heartbreaking to tell people who need something that I'm sorry I can't help you. I'd love to but can't. Um if you'd simply asked some people in the storage industry what is reality around here, you could have saved a lot of time and anguish. We want Kous Bay to grow and thrive. And you say you do too, but then you send over $150,000 to an engineering company in Portland for the uh the blueprint when you could have spent it here with one of our local engineering companies and contributed taxpayer money to the economy of Kuzbay. Thanks.

Is there anyone else? I think that um Let's see. Dwayne, I think it's covered pretty well.

Okay. All right. Anyone else wish to speak in opposition of the proposal? Now, we will hear from anyone who is neutral to the proposal. each will have three minutes to um approach the podium and make your comment. State your name and address for the record. Anyone neutral? All right. Uh I do want to note that we did receive uh multiple comments in writing and those will be uh included in the record as well. Some of some of those comments were also stated here tonight as well. I believe there was seven seven total. Um, do we have any rebuttal from staff?

None. And do counselors at this time have any questions for Chelsea? We'll open it up for the council. Um, Nicole or Chelsea, could you just talk briefly about our procurement process and uh why that engineer was chosen? Yeah, absolutely. Do I need to maybe close the public close the public hearing? Okay, I'm going to close the public hearing. Sorry about that. And then

Yeah, go ahead. Thank you. Uh so just to give a general understanding of how the city operates under state statutes. So under ORS, the Oregon revised statute, uh all municipalities are required to go through a public procurement process for many different types of uh goods and service contractual arrangements. And in this instance, we were required to go out and uh request proposals from entities who could provide the scope of work that we were looking for. Um that process is public. Those are put in public newspapers and and different ways in which you uh reach the type of folks who do this work. We the city did that and received only one proposal back which happened to be the one that was selected because that was your choice uh provided. That's a public process. We do that during a public meeting and you accept uh or you can choose to deny and go back out. Um, historically we generally get just proposals from uh a larger area, not always just local folks. We didn't receive a local um proposal in this instance for the Empire Blueprint.

Troy, do you have any questions or comments? Um, just related to what we're discussing tonight. Yes.

Yes, I do. Um, I I think if you don't, most of you know that I am pretty capitalist focused. I think that the the market should bear what we do. And I think when we first brought this up, Joe and I had that conversation. I don't think we should be in the business of telling private owners what to do with their property. Um, I am learning, however, though that we are tasked as leaders to have some sort of overriding vision of what we want our community to look like. And that means that we're tasked with the burden and responsibility of trying to figure out ways to make our community um the wonderful place that we all want it to be. So, I can see the point of us trying to limit what types of businesses we want in certain areas. Um after so I had some concern with our first our our first plan. Um just tonight it came pretty clear to me the planning commission reviewed it. They took public comments. U the planning commission's vision or view of this makes perfect sense to me. Those are the areas we were looking for a certain look or a feel or types of businesses. And then that allows uh individuals who have property and I think it was talked tonight if you have property of blight and you want something to do with it and you know a new fresh storage unit is is your uh venue that gives them an opportunity to do that. So for me personally I'd like the planning commission's um um suggestion and when we get to that point I would make a motion to support that

council. Sorry. Trying to get my voice out. I just realized that the map of the Empire area, that planning area, that's not accurate. I want to show you. Um, great. Show you the area. I pulled it from the wrong source. So, I apologize. I want to make sure everybody understands the actual area. If Christina will let me share. [clears throat] So it's it's ex it's it's different. Okay. So it actually goes from this. Thank you. [clears throat]

All the way from the hollering place east to Norman, I think is the street. And it really follows the properties along. I apologize for that. It's that's significantly different, but I think that's also the area we had the blueprint for. This makes more sense. Yes, that makes more sense. Yes. Thank you for clarifying that. It just seemed squished. Yeah. So, can you

Sorry. Can you state the like the um north, west, south, and east boundaries. So the west would be the waterfront um of the [clears throat] bay. So you've got the hollering place, the city's boat ramp, the sauce brother property. The east would be Norman Avenue and then for the most part the north and south would be the properties immediately adjacent north and south and it would follow that line along Newark.

Building reference Norman is near um yeah the Taco Bell and Tri. Yeah. Okay. significantly larger. Significantly larger. So it does actually take that area. It's the the entrance. All of this. Yeah. Yeah. Great. For clarification, too, there there are existing storage units in that. Correct. Yeah. Thank you.

I appreciate that because that was my concern. when I looked at the map, it didn't seem like it took in as much of the area that we had looked at. So, I really appreciate you clarifying that. Uh, so, uh, Mr. Mayor, do you have any comments?

Yes. Yes, I do. Well, first of all, I want to say I want to thank the planning commission and you know I I uh the reference that everyone's making that this moratorum was going to be put in place forever um is just um not accurate and that's what is being referenced in these commentaries and some of the public comment that we have. What has happened is exactly what this council wanted to happen. We did a moratorum with the intent that this would go to the planning commission and have public input and would come back with a recommendation to the council and here we are. That's what's happening. Also, you know, um I hear Vern and I've spoke to Vern immediately after the moratorum and we talked about this process and I told him that's exactly what was supposed to happen and I also talked to others before the plan came out. I need to clarify that so I didn't have a conflict of interest or needed to disclose something. this was prior to this plan and I told him what the intent was of the council and that's what's happened and what has caused this to be this situation again do we want and we have regulated uh marijuana dispensaries we don't have to we can open it up but we did and we chose to do that also some in this room that have testified also were against short-term rentals being as many as they were and we decided to take action on it we put a cap on it because we don't want it to be overbearing. An example of the short-term rentals or any uh specific business that can be impacted was like Rocka Away Beach with the short-term rentals. If you talk to the mayor, which I do on a frequent basis when we have meetings, that is so impacted that area with short-term rentals, it really hurts the community. They are not able to have other businesses and do other development. So, I don't want to see that happen to us. We need to have a diverse development. And I understand what Troyy's saying. I understand some of the comments. But

again, if this was in such a demand, I got elected re-elected in 2016. There wasn't an application for any kind of uh storage units until 2023. And again, as I mentioned, Vern, why didn't he go and build one or why didn't somebody else build one? And I never got an answer. And so now we have one in 2023 and now we have the U-Haul. So I don't think there was really that much of demand that's being portrayed here because if it was then that would have happened already. I think that we should do a balanced development as I said and have a diverse commercial develop businesses and that's what will make things prosperous. Kuzbay Village uh was a uh was that warehouse by Central Doc was going to be purchased and it was going to be purchased by and you can talk to Terry Woody because she came to the city by a a fact of the tire burning facility and the city stepped in and purchased that property because we didn't want that to happen. Now just think if we would allowed that to happen how that would have been instead of Kuz Bay Village and on 101 what about Tikwood development? I think this should be a broader thing than just what's been proposed here. I think 101 should be included. Don't we want to see another Tikwood Plaza or Cous Bay Village with a few commercial properties that we have left? Do we really want to see a storage unit on 101? There is one at U-Haul and I think this location is great and it works well, but do we want another one on 101? I don't and I don't think the majority of the people do. And so I think the Empire blueprint plan references this type of development. That's why we are here and that's why we made put the moratorum on that and uh we also put a cap on vacation rentals because of that. The state average I know Vern uh doesn't think that and it wasn't the state it's the national average is seven square foot per capita and we're at more than double that and as was referenced by uh Chelsea earlier

there's usually four to seven storage units for a city our size we have 15. Again, I think that we're lopsided here and I think what we have is more than adequate. There's other places in our community that can be built. Storage units can be built and I think that we should allow that to happen and we still have areas that can handle some of the storage units and be built. Uh so I believe that the planning commission recommends it's not broad enough. All of 101 should be restricted as far as I'm concerned from the development of storage units. I also think that we should extend this down to the Empire area into the Y. How far down? I think is up for discussion. Also, Sarah brought up the point about Empire Boulevard. Do we really want Empire Boulevard on their way out to Charleston to see us some more storage units out there? I think that should also be considered. So, those are my comments at this time.

Thank you. And I I think um that was clarified with the with the correct map uh Mr. Mayor um from Norman to Hollering Place. Um, but it doesn't incorporate the waterfront area down by the boat ramp. Well, does it go out to where the sewer plant was along there? It doesn't go south down Empire. Okay.

So, that's part of my concern. I mean, I think Sarah was talking about that. And I think, you know, this is an area that we have that's on the waterfront and on uh the Cape Argo or Empire Boulevard going out to to Charleston. Do we want that type of development? I just think that we need to be strategic and we are developing and we got a lot of interest in our community and I think that we need to keep moving it in the right direction and that we can have a balanced approach. Did you have any more comments? I agree with the mayor. I think that we should ex we should extend the exclusion zone. How did you have any?

Um, I agree with 101. I think it should extend all of Newark uh and along uh the waterfront district um and then out uh to the city line on Kargo. So I think based on that with Mayor Benett and what councelor Stevens is saying that we probably should table this and take these suggestions and have them go back um and give us a different map that shows those.

If if you if you want a map to consider before you make a decision, we could certainly do that or you could bring a map back with the ordinance for adoption. So, I suggest we bring the map back with the ordinance. I think we go ahead and adopt it. Bring the map back and the ordinance and then we can finalize it, which we would have to do anyway. Am I right, Chelsea? Correct. And then if the map doesn't meet your expectations or any council expectations at that time, then we can adjust it at that time and have it come back again or we can ratify it or do one of those options. I believe

I'm happy to make a motion to that effect. Okay, we have a motion to adopt the recommendation. Is that what you're doing? No, we're going to bring back a map, right? Okay. Well, we're going to adopt the ordinance and then the map will attend attach to the ordinance, Troy, is what I'm suggesting as Chelsea suggested and then we would we could ratify at the next council meeting if the map meets our expectation. So, if we're going to go Robert Schro orders, I've made a motion. There's been no second, so that fails, right? So, we need a we need a new motion. The only the only thing I'm not clear on, I I would like you to state the entire motion. Yeah,

I was going to attempt to maybe help with that if or we could just let that one die and and councelor Stevenson could make it. Except councelor Stevenson seconded it. [laughter] I second. There we go. And you're rescending your motion. Well, it dies. Yeah. Yeah. Lack of a second. So, we need a we need a new motion. Okay. I will call for a new motion.

I would like you to give me the language. Uh, I think a motion could include uh approving the recommendation made by the planning commission and increasing the area that uh would not uh allow storage units to include uh all of 101 within the city limits, all of Newark within the city limits and extending from the Empire blueprint area on South Empire Boulevard through the city limits. So moved. Second.

And we have a motion and a second. Any discussion? Any clarification? Yeah, clarification, discussion, whichever. So, are we going to uh you know, I suggested the Y. Are we going to bring in any part of Ocean Boulevard? Are we going to leave it as it is? And it's just asking for clarification, I guess. Not the way it was stated. I understand. I guess I'm I'm referencing this map that does include a piece of it does actually include a piece of ocean. So, I'm looking at the red that does not li in here.

Here's here's the Y. So, it's just basically a long mark. Do you need to pull up the the blueprint map again so you can see that area that's identified within the blueprint? What would be your suggestion, mayor? Would you like to see that included?

Well, I think Ocean Boulevard some part I mean I don't know if we want to go past where Graham Dodge is and the Three Rivers Casino in that area somewhere. I don't know, but I think some part of the Y should be Ocean Boulevard should be included in this. So because if we're going to our intent is to protect the Empire uh blueprint plan and extend that out. I think that part of that needs to be considered for um no development of storage units.

My concern is that I think that's an area where it could be developed and I'm not necessarily in favor. I I'm like Troy don't want to do too much restrictive. Um we could go by the I'm concerned that going up Ocean Boulevard uh is we get How about Harerning to me because there's some commercial properties up there.

Sure. Harless Marina. That area could be included in this uh area or Honda World. I mean somewhere there. You're not going too far down. You don't have to go that far and we still leave some availability for development. You got that lot with Graham Dodge and some other properties that could be developed for storage unit. Given radar, maybe Radar Radar Road to Radar Road. Does that work? Sure, that's fine. That's where the old Nissan dealership was.

Yeah, I think that's good. And here, you know, I think it's important, and Chelsea, correct me if I'm wrong, that if an applicant for some reason decides that something that we've put into this wants to put a storage unit there, they can come before us and ask for an exception. Am I correct? I suppose they could. It would be um It would not be the normal way to do it though if you change your code, right? So, I think we'd be open up a can of worms there. I mean, if we put a moratorum on it, then depending on who came in and gave us a plan, we let that happen.

I think I guess my point is that nothing's ever set in stone. And I think sometimes, uh, it's always believed that's the case. And if that was the case, um, everything that we've done will go on for infinity. But that's not reality. So, things will change as things develop, I guess. And that's, I guess, the point I want to make. So, anyway, I like the radar. Norman is Norman on the other side of if you're on Ocean Boulevard, is Normal Norman on the other side of Nissan? Yeah, it's further up. It's past radar. Yeah.

And then there's so on that side of where Norman is. You have uh you have the Dodge dealership, you have the vacant property there, you have some storage units, and then Norman. and Norman has the assisted living facility and then the apartments, but that road cuts straight through the Y there. And that would align with where the Empire blueprint comes up New Mark and stops at Norman. So, we could go right. I don't I don't have a problem with that. area. I'd rather it be farther closer to New Mark as opposed to going up that far

because we have we have vacant properties there that are commercial. Are you saying um not as far as Norman? Yes. So, you're interested in stopping it at Wallace? Wallace. That's the street I was That's right by the Well, it used to be the grocerers cuts between the Dodge and the Honda dealership. But we're talking about the o on ocean, not on newark. Yeah. Tribal land right there, I believe.

There's there's not any. And you know, I I don't think we're going to see big boxes either. I I think the owners of many storage units are creative in how they're developing that so that they fit in to um I mean some of those storage units that we have are are much older in the Empire area and uh we have a new development at the south end of town that looks very different than and I think I think I think that um you know we have different ways of looking at things today that we didn't 30 years ago.

I'm in favor of moving it to Norman. I am too. Sounds good. But you're saying you think that's too far.

Norman is already encompassed in the blueprint. Correct. Norman is in the blueprint. Yeah. On the new mark side.

Well, I to your point mayor and you've said this before is that you know this is a a fluid thing and things can be changed again and the intent is a moratorum. Um, I I could support the Norman. So, it sounds like we have to modify uh the motion. I mean, so you might have to kill the one that exists and start again. So, we have to vote for it and then have to fail. Yeah, let's that'd be the cleanest way, I think. Okay. So, we have a motion on the floor uh and a second and I will call for the questions. All those in favor say I.

All opposed. I I motion carries. Name fails. Fails. I mean motion fails. Sorry. So used to say it the other way. All right. Do we have a new motion? You want to try this time, Trey? I'll try it. So tell me the map part that I'm I'm confused on the map part. I'm I'm making a motion to support the ordinance with a return of a map and I'm then I'm going to include the areas we've discussed.

So we don't have an ordinance yet. We will develop that. So, I think you're uh approving the recommendation made by the planning commission. Uh include those other areas with the staff bringing back an ordinance and a map to identify these excluded areas at a future date. Okay. So, I am going to make a motion to accept the planning commission's recommendation with an extension in the Empire Blueprint area to Norman Street and in the Kousbay downtown heritage area through one. No, leave that out. Waterfront. So, I apologize for this, but the

because we want to cover 101, right? Yeah. So, the planning commission already includes the Empire blueprint. Okay. and the waterfront. Okay. So, we're looking at So, my motion is to um accept the planning commission's recommendation with an extension of the Empire Blueprint to Norman and covering 101 from the waterfront through the city. the city border and I believe I I want to add some clarity here when you speak to the um inclusion on Norman the blueprint is doing that on new mark you're talking about on ocean

ocean as it encompasses both Newark and ocean to encompass that triangle there and then you're also going to want to identify the extension from the blueprint south on South Empire Boulevard to city limits. Okay. As as well as an extension from the city I mean the blueprint area south on Empire Boulevard to the city limits. And I think Sarah said all of Newark. Is that in that motion? Correct. So, you have Numar going to help

city limits is what I think Sarah said, but I might it's not always clear what I uh when I'm virtual or online. So, that is correct. So, what I'm from there all the way up past Walmart, McDonald's, and down the hill to 101. Well, no, that's North. So, okay. Yep. and to include new mark to the city limit. Can we cobble that together? Okay. So, the motion map map includes to demonstrate that

highway 101 area uh from the waterfront heritage to the city limits. It includes Newark area from the city limit to the waterfront and down Cape Argo or Empire Boulevard to the city limit and Ocean Boulevard

and Ocean and the triangle area of Ocean Boulevard from Norman to Newark. And then I hate to ask for clarity, but there was discussion at least on 101 within city limits, not just waterfront to city limits. Correct. We want 101 city limits. Correct. Second. Okay. Wow. We have a map to go back. Yes.

Okay. The motion is to approve the planning commission's recommendation with the map to come back to council and it includes those areas that we have discussed which is highway 101 from the city limits all the way to the waterfront heritage through the waterfront heritage district. It includes New Mark from the city limit uh the border of Northbend city limit to the waterfront and Empire Boulevard which is also known as Cape Bargo Highway from Hollering Place to the city limit and the triangular piece uh on Ocean Boulevard from Norman to Newark. All right, that was clear as mud. We got a motion.

We have a motion and a second. All those in favor say I. I. I. All those opposed. The motion carries.

All right. Our next item on the agenda is a public hearing. Oh, wait. We didn't do the ordinance, right? So, we're not doing an ordinance. scared me for a second. All right. Uh public hearing to consider enactment of an ordinance repealing and replacing the adoption of Oregon Fire Code within the Kuzbay Municipal Code Chapter 15. And Chief, you have this one.

Uh good evening. Uh so the Oregon Fire Code is adopted um every three years based off the International Fire Code. The Cuspay Municipal Code was last uh updated to reflect the adoption of the Oregon Fire Code in 2007. So, we are six cycles behind uh for the current version of the Oregon Fire Code. Uh plus since that time, there's been numerous updates to the fire code. And so our current adoption reflects outdated information uh that has been problematic at times trying to enforce and uh stay within those parameters of that. Uh so we are asking to completely repeal the existing uh municipal code for tile 15.35 um and then adopt the 2025 Oregon fire code as presented uh with no modifications other than one adoption of a um creation of a division within our fire department uh which is something we are actually already doing with the fire code inspection uh program. It just outlines the authority that comes from the state uh through the state fire marshall's office to the fire chief to administer. Uh so just for clarification and um ease of maintenance. So so we're just asking you to again repeal existing and replace with what was presented.

Did council have an opportunity to review the materials? Then I will entertain a motion. I we have a public hearing. Oh, I'm sorry. I will open the public hearing. Sorry about that. Anyone wish to speak in favor of or against enacting an ordinance for the Oregon Fire Code within Kuzbay Municipal Code Chapter 15. And sensing none, I will close the public hearing and I will entertain a motion.

I move to enact the ordinance repealing and replacing the adoption of Oregon Fire Code within Kuspay Municipal Code Chapter 15. Second. All right, we have a motion to enact an ordinance and we will do a roll call. An ordinance repealing and replacing chapter 15.35 Oregon Fire Code of the Kuz Bay Municipal Code. Councelor Kribbons. Hi, Mayor Benetti. I councelor Kilmer I. Councelor Stevens I.

Ordinance number 594 has been duly enacted. Thank you everyone. And our next item agenda agenda item is the city manager report.

Thank you. Just a couple of uh uh items. One to get on your guys's calendar for our um upcoming fiscal year 27 budget process. Uh we will be holding uh we're planning to hold two meetings. The first one on April 30th, that's a Thursday, and then the second one on the following uh Thursday, which is May 7th. Uh we are still working diligently to put in place the moderate income revolving loan program which requires consensus from Kous County as they are by state statute the um county administrator of that due to the correlation with uh the property tax program. uh as such I will attend another meeting at the county tomorrow morning which hopefully they will be uh they're presented with the IGA to sign uh to partner with the state in administration of that program. So uh this council had already adopted the program here and through the process requires county uh uh interaction with the state and we are finally getting to that stage. So we'll be doing that hopefully tomorrow. Uh and uh I just wanted to also share I attended a a workshop Monday out at the Oregon Institute of Marine Biology in relation to uh flood flooding in our estuary but also Kous Bay um as we are you know a large area that is mostly recognized for flooding because we are the ones who experience it on our roadways. So some good learnings out there, continued efforts just to kind of communicate uh what opportunities we might have in this area to reduce that flooding. Challenging given we are uh in an area which experiences high tide uh king tide

flooding and severe rain uh can impact that. So, uh, just a great opportunity to, uh, meet with folks both from Oregon State University and consultants in Louisiana State University as they kind of approach ways to, uh, mitigate that. So, that's what I have today. Uh, still working on uh, the communications method for you guys on a regular basis with the videos. So, stay tuned. All right, we'll move on to council comments. Sarah, would you like to start?

Yeah, two things. I had the pleasure of going to a fourth grade class at Sunset last week and teaching them a little bit of Japanese and uh uh sharing some travels to our sister city, Choshi. And they made some fans. They're going to be displayed at the Kous Art Museum for a period of time, and then we'll send those over to our sister city. It was awesome. Really enjoyed it. Thank you councelor Nebergall for organizing that. Um and then secondly I'm uh want to request that we explore an option since moratorium seemed to be the theme of the night uh a moratorum a moratorium on detention facilities within the city of Kuspay. So thank you. Uh, sorry, one more thing from councelor Nebergall who says, "Come by to see the fans at the Cous Art Museum opening ceremony on Friday from 5:00 to 7:00 at the student bayanial which cons coincides with the winewalk. That's awesome. Thank you for doing that. I think that's wonderful when we can share our experiences with young people. Got them excited about it, I'm sure." Councelor Kribbons. Uh yeah, sorry. I was looking up some stuff. Can't find it, so I'll wing it. Um I had the opportunity to attend the uh Kuspay Downtown Association's annual meeting, uh which was attended by, you know, our local downtown core business owners. It's a a bright and energetic group working towards beautifification and growth of our downtown uh business core area. They're struggling though. Uh and I think part of that is what we were talking about tonight. We we've all got a a future. We are hoping that there are

some bigger economic development things coming to our community. Uh I don't think we can put all our eggs in one basket hoping that. But we do need to start having a vision and planning to move forward. Uh, I think that our downtown community needs some help with um overcome some taxes and regulations that it make it difficult for businesses to operate. It makes it difficult. Our state is losing businesses greater than they're coming in because of the burdens. And I think it's hurting our um general funds for our municipalities that use those funds to help with infrastructure and public safety and all of the things that we depend on. But we can't have those things without a thriving business community. And so we need to see some more economic development. And I think that will bring in more foot traffic and should help strengthen and help our existing businesses grow and have support. Um, thank you.

Thank you, Mr. Mayor.

Uh, yeah, a few things for a question for Nicole and staff. Where are we at on the trans uh transfer of the Coups Art Museum property and collection? Uh so we are actually Nate's working with uh attorney representing the art museum to put together some language. Uh and then we are also staff is putting together some um historical operational costs for the art museum board so they know what they uh might be undertaking. That will be a piece of the negotiations potentially kind of staging that over a period of time. Uh much like we did with the Egyptian Theater Association uh maybe taking a a span of five years to help them step into what those operational costs are for them to um undertake. So in progress

so in the near future I hope uh that's the goal. Um the they are working on that language right now. So,

okay. And I just want to uh kind of uh reiterate what councelor Kribbons has said about the downtown association and I know the downtown core area. It doesn't just be it's not just specific to the downtown association that we need to find a way to bolster them and try to uh help um whatever that may be. And so I think something it needs to be put on the agenda. We've talked about um maybe closing parts of the block before, doing some kind of situation that would be more inviting. Uh I know there's been different discussions. Uh I know that if we can create the environment sort of like when we have the farmers market, you see cars stop and because there's an attraction to come there. So we need to try to find a way to to do that if we can and hopefully uh we can I not hopefully I know that this council and staff has the ability to do such a thing. So I look forward to participating with that. Um, also, um, I want to thank veteran I mean Valentine's Day is coming up on February 14th being a restaurant tour. It's one of the busier days. So, I want to, uh, encourage everyone to go out to the restaurant of their choosing and their favorite restaurant and enjoy the day. And Stephanie, thank you for stepping in again and helping.

No problem. My pleasure. Um, and I'll just wrap up the comments. I actually was going to talk about the downtown association, how much I appreciate staff and and the council for attending that. I act as the liaison, but I am also on that board and uh they um elected a full board um at their last at their annual meeting and um then had the pleasure of attending their next meeting which uh was Monday. and um the the there were some concerns that were stated and I think they kind of left it as an open forum and I think uh councelor Kribbons is right they're struggling but but I also see a lot of hope that comes from those businesses and you know just this we're going to push through it and um you know there are some things I know that Nicole took had some takeaways from there um some concern concerns about buildings that have been mentioned in this council before um being rent ready or ready for businesses to um either acquire or or or open their businesses in them. Um, and so there is a there is a lot of hope uh for downtown Kousbay and some new vision for um moving forward into the future. And I see Harve on the line. I appreciate him attending these meeting. Harve is the director of the downtown association. And so I appreciate that he comes here to the council meeting and um is able to take back reports to the downtown association board. Um this Friday is the linewalk as counselor uh Stevens mentioned and that's a good opportunity to actually go in and and check out some

of those merchants. So I would encourage folks who are 21 and older to uh participate in that. It's been on hiatus since uh November through the holidays. And so come on down and check out get out there and walk downtown Kous Bay and and then share what you see and what you hear with us as counselors and what we can do um and and help to help staff and and I know that u and appreciate all that our staff do. Um but we need to hear from folks and we need to hear from businesses and that's through the downtown association. Take advantage of those programs that are available for um buildings and um will be the vibrant downtown that we have always uh experienced in the past uh and into the future. So, I appreciate everyone that came tonight to give comment and I apologize that that was kind of a difficult thing, but that's how we get through it. Um, we talk it out and um and we get to the end here. So, with that, there is a an executive session immediately following this meeting.

Sorry, I forgot. May I have one more thing? You have one more thing. Sure. Yeah. I apologize. It's where I sort of paused and forgot, but I was going to indicate that um and part of how we help, you know, our community is um I will be in Salem Monday to give public testimony on um House Bill 1566, which will allow a reduction of uh the prevailing wage with some public projects related to housing. Um and those things like that we can help our legislators in Salem make it easier for us to help develop our community. So thank you. No, thank you for doing that.

All right. So we will go do I need another is there another link for the executive session or I just stay on or just stay on this connection. Okay.

Uh we'll just take a a little bit of a pause. We are going to go into an executive session. So, uh, Christine will read the statement and we will excuse members who are not, uh, allowed, I guess, for lack of a better term, in an executive session. And, um, it does not appear that we will be returning to a public meeting after that. So, I will go ahead and adjourn to the executive session. City Council will now meet in executive session pursuant to OS1 192.6602E for the purpose of discussing real property transactions. If the council intends to come out of executive session to take final action, the presiding officer should announce when the open session will begin again. Representatives of the news media and designated staff shall be allowed to attend the executive session. All other members of the audience are asked to leave the room. Representatives of the news media are specifically directed not to report on any of the deliberations during the executive session except to state the general subject of the session. As previously announced, no decisions may be made in executive session.