It’s 9 a.m. on a Friday, and the Mirror Pond Plaza is already bustling with activity. Friends chat at the cafรฉ tables over coffee and croissants. Children play on the steps between the square and Drake Park. Customers stop inside Crow’s Feet Commons to check out bikes. And tourists pass through en route to the river.
It’s all part of the family-friendly vibe Crow’s Feet owner David Marchi and his staff have struggled to sustain in the city-owned space with a history of attracting those with no place else to go. That was part of the deal he made with the city in 2013 when he won a bid to lease the 500 square feet of plaza adjacent to the historic Goodwillie-Allen-Rademacher House he’s occupied since 2012.
Marchi was looking forward to continuing that effort, but his hopes were dashed when the city unexpectedly declined to renew his plaza lease last Wednesday, just a few weeks after assuring him everything was on track. (Crow’s Feet’s lease on the Rademacher House is unaffected.) There’d been a few hiccupsโquestions about OLCC site plans, storage units, and signageโbut city staff told him he could expect to receive the lease in early August.
Instead, he was told that his efforts to create a “lunchtime atmosphere” were not successful, and that the city felt confident it could address the vagrancy issue through collaboration with community agencies. In short: Thanks, but no thanks. We’ve got this. Marchi says he was surprised, and offended by the insinuation that the reduction in undesirable activities had been accomplished without his help. He also contests the claim that he hasn’t drawn lunch traffic, adding that the staff who made that call rarely visit his establishment.
City of Bend Special Projects Director Brad Emerson, who sent the rejection letter, says that his staff didn’t see much happening during lunchtime, but couldn’t specify during what time of year they stopped by, or how frequently.
“We didn’t see that it was accomplishing what it was intended to accomplish,” Emerson says.
The space has a troubled past. When the Rademacher Houseโthe former home of Bend’s first mayor, which is listed on that National Register of Historic Placesโwas occupied by nonprofit Arts Central, drug activity and public indecency in the square were so bad that the organization’s director Cate O’Hagan says she carried a loaded .38 until she finally had to leave the space.
“We had class in the front room,” O’Hagan recalls. “A guy whipped his penis out and urinated in full view of the children.”
Since Crow’s Feet Commons moved in and took on the plaza lease, neighbors say things have improved significantly. O’Hagan and Cowgirl Cash owner Rebecca Charlton both say the lunchtime foot traffic has deterred undesirables. And Downtown Bend Business Association Director Chuck Arnold agrees that the plaza is better off.
“I felt like the daytime activities at Crow’s Feet were positive, but I would like to see more of the community come down,” Arnold says, comparing the situation to people who say they want an art museum, but wouldn’t actually support one if it existed. “I’d certainly like Crow’s Feet to continue doing what they’re doing.”
But the city disagrees. Beyond the perception that Crow’s Feet was not attracting a sufficient lunchtime crowd and the city’s desire to take a different approach to addressing vagrancy in public spaces, City of Bend Business Advocate Carolyn Eagan says there was some concern about the shop’s ability to meet the requirements of its current lease on the Rademacher House.
She says the police received a complaint that Crow’s Feet was violating OLCC regulations during its August First Friday Art Walk eventโby not posting required signage and allowing a patron to carry an alcoholic beverage off-siteโand that the property management staff observed non-permitted signage on the historic building.
The First Friday complaint came from an off-duty employee of the Bend Police Department, Chief Jim Porter says. Rather than issue a citation, the department took an educational approach, he adds, sending an officer and representatives from the OLCC to the shop for a visit. And the signage, which Marchi says he thought was permitted, could be easily painted over. Still, Business Advocate Carolyn Eagan says the city has high expectations of businesses wishing to lease its properties.
“If we have someone who wants to have a lease with the city, there should be no question ever,” says Eagan, who made the final recommendation to the city. “Anything that makes us question whether they are going to operate in good faith would cause us to pause.”
Crow’s Feet owner David Marchi says he’s done everything that has been asked of him, and doesn’t understand why the city is taking the lease away despite the effort he says he’s put into improving the space. Marchi and his staff say they’ve tried, without success, to get clear answers from the city. “Every communication with them feels like they’re trying to get us to give up. At the end of the day, we’d like to continue doing what we’re doing in the plaza,” says Crow’s Feet Bar Manager Jared Smith. “Either let’s talk about it and come to a solution that works, or if you don’t want us to have the plaza, don’t be so obtuse about what you’re doing.”
This article appears in Aug 27 โ Sep 4, 2014.








I had thought about moving from Park City to bend, in large part because of the very positive vibes that Crows Feet displays. Good thing I didn’t – sounds like the City Officials are trying to take it all in a different direction. Too bad for Bend.
“We didn’t see that it was accomplishing what it was intended to accomplish” – Anyone else see the irony in that statement? Couldn’t you say the same thing about the City of Bend on certain issues?
After walking across the “Plaza” to visit Crows Feet one morning I was greeted by a vagrant who asked me to pee on him. I told David about it and he made the guy move on. So if you wonder why its hard for David to develop a lunch crowd on the plaza they should help him out by removing the vagrants. The City should enact an ordinance that does not allow vagrants to sit on the ground anywhere in downtown Bend. It works for Santa Cruz so why not here.
This is another perfect example of how unfriendly the City of Bend actually is to small businesses. They pat themselves on the back all day long in public eye about their commitment to small business. Then use underhanded, back door methods to drive the entrepreneurs out of business. It’s systematic and devious and there’s a lot more going on than any of us know. Who is bought and sold? This business, it’s owner and the employees have been a reputable establishment since conception. They have done nothing but positive for the community. This is yet another bad move by the “powers that be”. I hope people care enough to stand and fight for this business.They truly deserve the support and would be sorely missed in an ever homogenizing downtown.
Can’t see why?
Easy, David…just like everyother landlord in town…the City feels it can make a bigger buck off someone else.
Once again, the city fails to impress. Marchi’s doing good work in revitalizing the area, yet the city — which hasn’t presented any sort of plan for the space — now thinks they can do better?
The accusations made by city staff against Crow’s Feet are so minor that you can’t but wonder what the real agenda is.
Sounds like a communication issue on the part of the City. .
All my out of town friends rave of Crows Feet and I have regular conversations with folks visiting town and how great the place is. David is a good man and usually very responsive and diplomatic in resolving issues. As a regular patron of Crows Feet and someone who sits out in the plaza and witnesses the regular acts of complete disregard of the laws posted and disregard to Mr Marchi’s business, I am surprised the city has these comments. Clearly they have not spent any real time there looking at what that business goes through (and I have seen the city folks walk through with rose tinted glasses on). I personally have watched David get harassed and screamed at and physically threatened by vagrants and out of school kids (who run and hide when they see police) and I have watched him and his staff take dozens of different approaches to try address those folks who scream and yell at each other, jump bikes off stairs, smoke, spit everywhere, throw chairs and toss their trash on the ground. Possibly instead of just sending random police visits to issue warnings to people who don’t care about warnings, the city should try and take real action with the vagrants who frequent the location. If you think not leasing it out to CF is going to make things better, just look at the cities prior attempts to control. The vagrant issues were much worse.
Bad move Bend! Dave’s an awesome guy who’s doing an amazing job at complying with inconsistent demands from the city. Give him the lease back!
RIDICULOUS!! Politicians run wild.. Brad has been in that position for 18 years.. So, the epic fails of the past, including how horrible that area used to be rest with his decisions.. Time to refresh the leadership in this town, and make it more business friendly.
Bullsh*t!! So much bureaucracy, even in Oregon. I expect that crap in California where I live….but Oregon?
I’ve been to visit Bend several times this year and last, I’ve made it a point to visit Crow’s Feet commons and visit the bike shop. I own a bike shop in Marin. I love the vibe of the shop and the commons area. I wish we had a space like that near us.
I say let them continue to the good work they’ve been doing!
Q
That Plaza is horrible. I would evict the city manager and get someone in who can get the dirtbags out of our public places.
As for the wine leaving the premises at Artwalk. That event is a public drunk fest. Everyone leaves with wine. To point out one specific instance is stupid.
The other day I rode my bike through the plaza in front of Crow’s Feet and was amazed. For the first time since I moved here in 2004, the plaza benches where not filled with smoking teens, with their pitpulls and cigarettes. I did not see skateboard riders smoking pot or people begging for money. I saw families enjoying the view, eating from the food carts and smiles. I am not sure what the City of Bend is thinking, and it appears I am not alone.
Sounds to me like the City of Bend is attempting to outsource its vagrancy problem onto the backs of whomever signs the lease for the space, I call BS! Deal with the issues rather than pussyfooting around or the voters of this city will be forced to make some changes.
The city is not making a wise decision. What David and the rest of the crew at Crow’s Feet have done is provide an excellent atmosphere for families and others to use the plaza. They are welcoming and I have enjoyed breakfast and lunch there when I visit from out of town.
The problem is the county and city’s lack of addressing the issues of homelessness, mental health and housing in the Bend area. Expecting a retail business to cure the symptoms of those complex issues is a reach on the part of the city. What Crow’s Feet has done is above and beyond what most business owners would be willing to take on.
The city should be giving Crow’s Feet an award for making this area a vibrant active commons that is friendly and useful for both locals and visitors alike.
Short sighted and a mistake by city administrators.
Carolyn Egan says, “If we have someone who wants to have a lease with the city, there should be no question ever.” It would be interesting to look at every other business or individual who has a lease with the city, and see how their issues have been or are being handled. I suspect that there are businesses who have done far worse than letting a customer walk off premise with a glass of wine during First Friday, or painting a sign in the wrong place, but who haven’t suffered nearly the same consequences as Crow’s Feet Commons. Shame.
How incredibly sad. This is total BS! The city obviously has other plans for the site that makes more money. First Friday’s are a joke. There are people walking all over town with drinks in their hand.. How about enforcing the “no drinking in public” laws with police presence? Crow’s Feet is awesome! They’ve done an incredible job and don’t deserve this treatment!
For all of us that agree this is a bad decision by the City, what can we do to help change the decision?
I live a block away on Broadway and have been nothing but impressed with the transformation that Crow’s Feet has done to the plaza…and so commented to David Marachi a few weeks ago how grateful I have been to the transformation. I can actually go and sit at any of the benches without being harassed by vagrants. IF, this is truly how our city has responded to a lease…then, it is as if Crow’s Feet is oblivious to the cities request. Which I know is not even close to true. Cooperation is a far better stance, than treating beneficial business’ like ‘criminals’. The city of Bend is acting SHAMEFUL and IGNORANT in this matter. Did I include Shady? This will not stand. Carolyn Eagan, you give me PAUSE!!!!!
I live in Central Oregon, but not in Bend, however I go to Bend at least once a week, and I’ve been impressed with the change in the environment on the plaza. The good folks at Crows Feet have done an excellent job fostering this change. Too bad the city cannot see that.
We love Crows Feet, and walk there regularly with our niece and nephew on evening strolls, so the kids can play around, and we can have a coffee, beer, and/or something to eat. Very disappointing that we’d lose Crows Feet, and especially maddening for the reasons indicated here where its the City’s fault. Seems truly ridiculous.
Id be sure not to vote City of Bend Special Projects Director Brad Emerson back in office!!!
as much as ANY business in Central Oregon, Crows Feet identified, exudes the spirit and culture that is Bend’s magic. Please, city decision makers, recognize the depth of appreciation we all hold for the changes in spirit and function at this heart of Bend location since Crows Feet’s arrival. Crows Feet is constructive for our community and core to authenticating publicly what visitors expect Bend to be. Please, City Hall: Treasure and appreciate what Crows feet contributes to our community. It was genius to initially lease to them. It would be foolhardy to restrict their presence.
I’m really sorry to hear about the BS the city is pulling on youโฆ I guess you just don’t the right people!!!
I too agree with all the comments thus far on the absurdity of the city’s actions. Crows Feet has done nothing but improve the quality of our downtown area around the plaza! This establishment embodies everything Bend life is about and sets out to further our community and embrace that which WE BENDITES treasure! Shame on the city for taking foolhardy measures. My Question: Has anything been formally organized to support Crows Feet? I’d certainly get on board to help in anyway. I love that place….by far one of my favorite establishments in town!
Absolutely without doubt…..greed in Bend. Find your way out the door City Officials. You do NOTHING to help small business unless you get your finger in the pie too. Shame on you!
What a piece of crap, I like Crows Feet a lot and if it was one of the good ole boys the city would probably would wipe their @$$ for them. The City needs to step up and meet with David and his supporters to explain and listen.
Not happy
Here is Eagans email
ceagan@bendoregon.gov.
Being a new resident of Bend(less than a month), I am bummed by this decision. Crows feet, had become my regular lunch spot a couple days a week already. It’s been a wonderful place to meet new people and learn about my new City. I hope the city reconsiders and renews their lease on the Plaza.
27 out of 27 comments, with over 350 likes (as of Saturday morning) seems to show a unified opinion of the public that Crows Feet has done an amazing job to clean up the plaza area via their presence and specific efforts to do so. I walk through to and from work every day for the past 5 yearsโnow going through the plaza instead of skirting around it. I love popping over to Crows Feet for coffee, beer or a bite to eat during and after work. Come’n on City of Bend, you’re ridiculous. Have you forgotten who you work for?