Bend council rejects schools’ bid to let Troy Field become hotel
It’s a small patch of green, at the center of a big debate – and Bend city councilors voted 4-2 Monday night to side with those who hope to save Troy Field from development, and against Bend-La Pine Schools, which it said failed to make its case for selling the land for nearly $2 million for a future hotel (and to generate revenue for needed schools).
But there were signs as the night ended that the typical turf wars of two elected bodies with different but similar missions could turn into a legal battle over that piece of turf, as one councilor sought an “apology” from the school district for a perceived lack of proper planning, leaving the school board pondering if an appeal to the state was the best next step.
The council majority – Mayor Jim Clinton and councilors Doug Knight, Sally Russell and Nathan Boddie – sided not only with the 70 or so who testified last month with pleas to “save” the field, but with a hearings officer who said the school district failed to meet its burden of proof for removing the “public facilities” designation on the 0.8-acre parcel that constrains what can be done there.
But councilors Victor Chudowsky and Casey Roats made their case for backing the school district, saying it owns the land, yet doesn’t have a use for it – except for gaining maximum value to put into its needs. They said the city itself and the Bend Park and Rec District also didn’t want it or try to outbid the Portland developer offering $1.9 million for it.
Much of the council’s actions were constrained by its “quasi-judicial” role in land-use proceedings, only able to consider what was in the record, for example.
Another complex aspect is that while there is commercial limited zoning in the area, the city’s general land-use plan designation as “public facilities” – described as an “aspirational” future desire that the late Deschutes County Commissioner Barry Slaughter envisioned decades ago as part of a “Heritage Square” downtown.
Much of the school district’s pitch was that the downtown area to the north had become more heavily developed since the city plan was developed in the late ‘90s – St. Francis of Assisi School across the street to the north, for example, has become the McMenamin’s pub and hotel.
Knight, a chief critic of the proposal, noted there had been little change in the residential areas bordering the field to the east and south – the Old Town neighborhood, an official historic district.
But Roats said, “This part of downtown is a lot more commercial than my recollection of it growing up,” as well as the changes seen since “not so long ago.”
The audience, admonished not to applaud, did so anyway a few times, such as when Knight noted that even without a formal park designation, “the open space represented by Troy Field is a neighborhood park, serving that neighborhood.”
“In my opinion, residential neighborhoods are our single most critically important asset within the community that we have,” Knight said.
But Chudowsky countered, “I don’t see this change as something that would be out of line with what’s been happening in this area since this general plan was adopted.”
The school district had noted that Drake Park is not far from the property, but Boddie said allowing a “net loss” of another open space isn’t the best move. And Knight agreed: “As our downtown has become more dense, more urbanized, more commercial, it’s ever more critical to have open space associated, as a balance to that growing commercialization downtown.”
Chudowsky countered later that “the school district is not in the business of public parks, or designating what is or isn’t a park.” And he said if the park district has to hold onto the property, rather than sell it to the interested developer, “the rest of Bend residents will have to pick up the slack” and pay more when new schools are needed and built.
Knight drew applause and cheers when he told Chudowsky, “When you say nobody wants this parcel, you’re dead wrong. It’s the exact opposite. The community wants this parcel. If we remove the public facilities (designation), it then becomes commercial property, and the public’s interest is forgotten.”
Knight acknowledged the spot of green still might not remain open space – there’s been talk (or fears or threats?) of a parking lot instead. But he said keeping the public facilities designation means it could be swapped for other public space in a future “land bank” arrangement.
But Roats said later, “I hope we’ve very clear with the public tonight, that this action doesn’t preserve Troy Field. It doesn’t save the chain link fence and the turf. There’s no guarantee – ‘public benefit’ can be a lot of different things. It’s not our decision. We shouldn’t set false expectations, that we came in here on a white horse to save something. Public facilities can be anything the school district wants it to be.”
Still, Russell said the standards councilors are required to weigh say there “has to be a need and a benefit.” While the school district has its constituency, she said, “one of the roles of the city council is that we serve the entire community, and many different constituencies.”
Russel noted that her children attend public schools: “I know many kids are in their class. I know how badly we need more schools,” and the funds to build them. “But if we’re looking at a land use plan, if the primary purpose is monetary – I don’t think that’s appropriate to be making any land use decisions on.”
As you might recall, Councilor Barb Campbell recused herself from the deliberations before last month’s hearing, noting the potentially costly legal fight if she were to remain involved. The Bend-La Pine School Board had indicated it would challenge her ability to rule impartially, due to her frequent public comments in the past, to the school board and others, seeking to save and protect Troy Field as open space.
Perhaps that is one reason why, after the votes and direction to staff for drafting of an ordinance (the first reading set for April 6), Knight took things further, telling the audience (which included school board Chairman Nori Juba) that he felt “the school district owes the community an apology.”
“There has been a lack of coordinated agency effort and proper planning, as well as financial commitment, for the part of town – for Heritage Square, and the preservation of open space in the core of the community,” Knight said. “If dollars had been set aside for an expanded urban renewal district downtown, this proceeding should never have occurred.”
On the other hand, Knight said he would “pledge as a councilor moving forward to come together, with regard to the public’s greater interest. We have a common goal, a common good, and better serve the public when we work together.” Saying fundraisers could help such a cause, Knight added, “I think we can look forward to great things in the future.”
Roats followed: “I only take exception to thinking that the school board owes anyone an apology. I’m not going to browbeat them. If you want to talk to us about what you want to do with the land, we’re open to it. I hope you see us as open partners, willing partners.”
The council then adjourned – and Juba had a fairly heated exchange with Knight, later telling NewsChannel 21 the board would meet in closed-door executive session (allowed on real estate and legal matters) to discuss, among other things, whether an appeal of the decision to the state Land Use Board of Appeals was the right step.
“We have met the legal criteria,” Juba said. “But we have city councilors that are injecting their own personal interest and playing election-year politics, and really ignoring the needs of our wider community, which includes 17,000 students in our school district.”
Boddie, meanwhile, tried to soothe the ruffled feathers.
“I would hope that the school district understands that we want to work with them, and wants to sit down at the table and really hash this out and figure out a good plan, and that it won’t be appealed,” he said. “It doesn’t do the community any good to have two of its elected bodies arguing with each other.”
