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City Council

October 14, 2024 ·6:00 PM Final-revised

Council Chambers / Hybrid Meeting

Agenda — 54 items

  1. 1 This meeting is being conducted both in-person and remotely and allows remote attendance by the governing body, when requested. Interested persons may attend the meeting in Council Chambers or view the meeting in real-time on the City of Salem YouTube Channel, thanks to a partnership with CC:Media. Comcast Cable subscribers can watch on CC:Media Channel 21. Please submit comments on agenda items by 5:00 p.m., or earlier, on the day of the meeting at cityrecorder@cityofsalem.net. If attending the meeting remotely, public comment and testimony may be provided during the meeting via Zoom. Remote attendees must pre-register between 8:00 a.m. and 4:00 p.m. on the day of the meeting using this link: https://www.cityofsalem.net/comment-at-council
  2. 2 EXECUTIVE SESSIONS
  3. 3 City Council 5:15 p.m. - 6:00 p.m. - City Manager's Conference Room ORS 192.660(2)(e) - Real Property Transactions
  4. 4 WORK SESSION
  5. 1. OPENING EXERCISES: (Includes call to order, roll call, pledge of allegiance, announcements, proclamations, ceremonial presentations, and Council comment)
  6. 6 Call to Order
  7. 7 Roll Call
  8. 1.1 APPROVAL OF ADDITIONS AND DELETIONS TO THE AGENDA approved Pass
  9. 1.2 COUNCIL AND CITY MANAGER COMMENT
  10. 1.3 PROCLAMATIONS
  11. 1.3a. Proclamation - Indigenous Peoples' Day Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods 24-338 read into the record
  12. 1.3b. Proclamation - Hands and Words are not for Hurting 2024 Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods 24-413 read into the record
  13. 1.3c. Proclamation - White Cane Safety Day 2024 Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods 24-414 read into the record
  14. 1.4 PRESENTATIONS
  15. 2. PUBLIC COMMENT: (Comment on agenda items other than public hearings and deliberations)
  16. 3. CONSENT CALENDAR: (Includes approval of minutes, adoption of routine resolutions, and items of business requiring Council action) approved the Consent Calendar Pass
  17. 3.1 MINUTES
  18. 3.1a. September 23, 2024 Draft City Council Minutes 24-403 approved Pass
  19. 3.2 RESOLUTIONS
  20. 3.3 ACTION ITEMS
  21. 3.3a. Purchase and Sale Agreement with Jorge Brambila, Sr. and Jorge Brambila, Jr. for sale of surplus City property located at the intersection of Moyer Lane NW and Bartell Drive NW. Ward(s): 1 Councilor(s): Stapleton Neighborhood(s): WSNA Result Area(s): Good Governance; Strong and Diverse Economy; Welcoming and Livable Community. 24-205 approved Pass
  22. 3.3b. Intergovernmental Agreement for the Oregon Department of Transportation Northwest Oregon 2024-2027 ADA Curb Ramps Project Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe, Reliable and Efficient Infrastructure. 24-399 approved Pass
  23. 3.3c. Purchasing from a Business Associated with a City Employee Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance 24-404 approved Pass
  24. 3.3d. Addition of .25 full time equivalent (FTE) positions and conversion of two limited duration positions in the Information Technology (IT) division of the Enterprise Services Department to support the Enterprise Resource Planning (ERP) software project. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance. 24-410 approved Pass
  25. 3.3e. City of Salem’s comments to the Oregon Department of Environmental Quality on Marion County’s Three Basin Rule rulemaking petition. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Reliable and Efficient Infrastructure 24-420 approved Pass
  26. 4. PUBLIC HEARINGS
  27. 4.a. Substantial Amendment #1 to the 2024 Annual Action Plan (AAP) for CDBG Funds and 2023 Consolidated Annual Performance and Evaluation Report (CAPER). Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance; Safe and Healthy Community; Welcoming and Livable Community 24-371 approved on Public Hearing Pass
  28. 4.b. Appeal of the Planning Commission’s decision approving a proposed two-parcel Partition and Planned Unit Development-Subdivision creating 11 residential lots along with common open space (Case No. PUD-SUB-PAR-UGA-ADJ24-01) for property located in the 700 to 800 Block of Creekside Dr SE. Ward(s): 4 Councilor(s): Gwyn Neighborhood(s): South Gateway Neighborhood Association Result Area(s): Welcoming and Livable Community 24-405 approved on Public Hearing Pass
  29. 4.c. Supplemental Budget 1 for unanticipated expenses in the General Fund, Equipment Replacement Reserve Fund, and Emergency Services Fund. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance; Natural Environment Stewardship; Safe and Healthy Community. 24-412 approved on Public Hearing Pass
  30. 5. SPECIAL ORDERS OF BUSINESS: (Items deferred from the Consent Calendar; Mayor and Councilor Items; Items which require a selection among options; or of special importance to Council; management reports; presentations by City boards, commissions, committees, or outside agencies)
  31. 5.a. Transfer of appropriations within the City’s Fiscal Year (FY) 2025 Budget, the addition of 60 full-time equivalent (FTE) positions for Emergency Medical Services, and 1 FTE position for the General Fund along with needed transfer authority in the Emergency Services Fund and General Fund. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe and Healthy Community. 24-387 adopted Pass
  32. 6. INFORMATION REPORTS: (Items that require no Council action)
  33. 6.a. Planning Administrator Decision - To consolidate five existing lots - Approved. Replat Tentative Plan Case No. REP24-05 - Wayde Elliot, Larry Brant, Kurt Ruttum - 280 Church St NE. Ward(s): 1 Councilor(s): Stapleton Neighborhood(s): CANDO 24-418 received and filed
  34. 6.b. Planning Administrator Decision - A partition of a property into a three parcel flag lot - Approved. Partition/ Class 2 Adjustment Case No. PAR-ADJ24-11 - Steve Jasperson - 2886 Brooks Ave NE. Ward(s): 5 Councilor(s): Gonzalez Neighborhood(s): Highland 24-421 received and filed
  35. 6.c. Hearings Officer Decision - Proposed Conditional Use Permit and Class 2 Adjustment to allow a residential care facility serving up to 15 persons - Approved. Conditional Use Permit / Class 2 Adjustment Case No. CU-ADJ24-10 - BRAND Land Use - 215 Boone Rd SE Ward(s): 7 Councilor(s): Nordyke Neighborhood(s): Faye Wright 24-397 received and filed
  36. 6.d. Hearings Officer Decision - Proposed Conditional Use Permit and Property Line Adjustment to allow a residential care facility serving up to 15 persons - Approved. Conditional Use Permit / Property Line Adjustment - BRAND Land Use - 211 and 215 Boone Rd SE. Ward(s): 7 Councilor(s): Nordyke Neighborhood(s): Faye Wright 24-398 received and filed
  37. 6.e. Hearings Officer Decision - Proposed Conditional Use for a new industrial storage yard with gravel surfacing - Approved. Conditional Use Permit / Class 3 Site Plan Review / Class 2 Adjustment / Class 1 Adjustment / Class 2 Driveway Approach Permit Case No. CU-SPR-ADJ-DAP24-08 - Vista Property Investments LLC (Richard Kreitzberg), Grid Property Management LLC (Steve Kreitzberg, Kohle Kreitzberg) - 1865 McGilchrist St SE. Ward(s): 2 Councilor(s): Nishioka Neighborhood(s): SESNA 24-401 received and filed
  38. 6.f. Hearings Officer Decision - Conditional Use for motor vehicle services in the MU-III zone. Approved. Conditional Use Permit Case No. CU24-05 - Oregon Alliance LLC (Adan Casas Angeles, Giovanna Casas Reyes, Patricia Reyes De Casas) - 3393 Silverton Rd NE. Ward(s): 5 Councilor(s): Gonzalez Neighborhood(s): Northgate 24-402 approved Pass
  39. 6.g. Hearings Officer Decision - Development of the Truitt Brothers cannery site as a mixed-use neighborhood. - Approved. Class 2 Willamette Greenway Permit / Subdivision Tentative Plan / Class 3 Site Plan Review / Class 2 Adjustment / Class 1 Adjustment / Class 2 Driveway Approach Permit, Case No. WGP-SUB-SPR-ADJ-DAP24-01 - Trent Michels, Peter Truitt, Lynda Truitt, and Luciana Truitt - 1100 to 1400 Block of Front St NE Ward(s): 1 Councilor(s): Stapleton Neighborhood(s): CANDO, Grant 24-419 received and filed
  40. 6.h. Salem Police Foundation Donation to Help Fund Bomb Truck Replacement Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance; Safe and Healthy Community. 24-415 received and filed
  41. 6.i. Purchases approved administratively from August 1, 2024 through August 31, 2024. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance 24-392 received and filed
  42. 6.j. Summary of recent activity and progress on 2022 voter-approved Safety and Livability Bond measure. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe, Reliable and Efficient Infrastructure; Strong and Diverse Economy; Welcoming and Livable Community. 24-417 received and filed
  43. 7. ORDINANCES
  44. 7.1 FIRST READING:
  45. 7.1a. First Reading of Ordinance Bill No. 13-24 to amend SRC chapter 38 to modify the definition of “transient lodging” to exclude short term rentals and accessory short term rentals from the Tourism Promotion Area fee. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Strong and Diverse Economy. 24-395 introduced on first reading Pass
  46. 7.2 SECOND READING:
  47. 7.2a. Annexation of a 4.1-acre territory for two properties located at 2355 Davis Road S and Land Adjacent (ANXC-758). Ward(s): Ward 7 Councilor(s): Nordyke Neighborhood(s): Sunnyslope Result Area(s): Welcoming and Livable Community 24-407 approved Pass
  48. 8. PUBLIC COMMENT: (Other than agenda items)
  49. 9. ADJOURNMENT
  50. 50 Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 48 hours prior to the meeting. To request accommodations or services, please call 503-588-6255 or 503-588-6003 (TTD/TTY 503-588-6439), or by e-mail at: cityrecorder@cityofsalem.net at least two business days in advance. Si necesita ayuda para comprender esta información, por favor llame 503-588-6003.
  51. 51 page break
  52. 52 UPCOMING PUBLIC HEARINGS, AND WORK SESSIONS
  53. a. Unless otherwise noted, all meetings and public hearings will be conducted in Council Chambers, located at City Hall, 555 Liberty Street SE, Room 240, with the option for remote attendance. Please see the meeting agenda header for more details on remote attendance. The meetings are also available to watch in real-time online at CC:Media YouTube Channel, as well as Comcast Cable CC:Media Channel 21. CITY COUNCIL PUBLIC HEARINGS: Proposed Fees and Charges for Utility Service Rates (Water, Wastewater, and Stormwater) Tuesday, November 12, 2024 at 6:00 p.m. Tourism Promotion Area Monday, December 9, 2024 at 6:00 p.m. SALEM HOUSING AUTHORITY PUBLIC HEARINGS: URBAN RENEWAL AGENCY PUBLIC HEARINGS: CITY COUNCIL WORK SESSIONS: (Unless otherwise noted, work sessions are held in the Council Chambers, 555 Liberty Street SE. Priorities for City Services and Preferences for Possible Future Funding Monday, October 21, 2024 at 6:00 p.m. Community Violence Reduction Initiative Policy Agenda Monday, November 18, 2024 at 6:00 p.m. BUDGET COMMITTEE MEETINGS: (Budget Committee meetings are held in Council Chambers, 555 Liberty Street SE, Room 240) Budget Committee - Preliminary Five-Year Forecast #1 Wednesday, October 30, 2024 at 6:00 p.m. Budget Committee - Preliminary Five-Year Forecast #2 Wednesday, November 13, 2024 at 6:00 p.m. Budget Committee - Five Year Forecast Wednesday, January 8, 2025 at 6:00 p.m. Budget Committee - City Manager Presents Proposed FY 2026 Budget to the Budget Committee - Result Areas Reviewed: Welcoming and Livable Community, Natural Environment Stewardship Wednesday, April 16, 2025 at 6:00 p.m. Budget Committee Review Meeting - Result Areas Reviewed: Strong and Diverse Economy, Urban Renewal Agency, Safe Reliable and Efficient Infrastructure, and CIP Public Hearing Wednesday, April 23, 2025 at 6:00 p.m. Budget Committee Review Meeting - Results Areas Reviewed: Safe Community, Good Governance Wednesday, April 30, 2025 at 6:00 p.m. Budget Committee Recommends FY 2026 Budget to the City Council / Urban Renewal Agency Wednesday, May 7, 2025 at 6:00 p.m. 2024 NEIGHBORHOOD ASSOCIATION ANNUAL MEETING DATES: Neighborhood - Annual Meeting Date - Time - Councilor NESCA ------October 15--------7:00 p.m.-----Hoy, Nishioka, Stapleton CANDO------------October 15--------6:00 p.m.-----Nishioka, Stapleton Sunnyslope-------October 17--------7:00 p.m.-----Nordyke, Gwyn SWAN-------------November 5-------6:30 p.m.-----Nishioka, Nordyke NEN---------------November 12----- 6:30 p.m.-----Nishioka, Stapleton SESNA -----November 26-----7:00 p.m.------Nishioka 24-394 received and filed
  54. 54 MEETING PROCEDURES City Council meets on the second and fourth Mondays of each month at 6:00 p.m. All meetings are in the Council Chambers, Room 240, 555 Liberty St. SE. The Mayor, who is the presiding officer, is elected at large for a term of two years. Councilors are elected for four year terms for each of the City’s eight Wards. These nine officers comprise the Council who make the policy decisions for municipal activity and pass its ordinances and regulations. Because the Mayor and Councilors’ positions are part time, without pay, the Council appoints a City Manager who is responsible for the administration and execution of the City’s policies and ordinances. The City Council generally follows Robert’s Rules of Order, but has adopted supplementary rules that may be found on the City’s website at: http://www.cityofsalem.net/Pages/council rules.aspx. THE CONSENT CALENDAR The Consent Calendar allows the Council to save time by acting on everything listed on that part of the agenda with one motion instead of considering each item separately. If a City Councilor believes a matter on the Consent Calendar deserves further discussion, the Councilor can request that item be removed from the Consent Calendar and considered separately under “Special Orders of Business.” PUBLIC COMMENT There are two times at every regular City Council meeting when the public has an opportunity to address the City Council. The first time is immediately prior to the Consent Calendar. This time is reserved for questions or statements regarding items appearing on the agenda, except public hearings and the merits of land use issues. The second time is at the end of the agenda. At this time, you can address the City Council on any matter of public concern, other than an agenda item. The Mayor will announce the time for public comment, and invite persons to address the City Council. Each person has three minutes to address the City Council. The time light on the podium will flash yellow when you have one minute left, and will turn red when your time has expired. HOW TO GET YOUR COMMENTS INCLUDED AS PART OF THE AGENDA Any written comments that you wish to be given to the City Council that are about an item on an agenda must be submitted to the City Recorder by 3:30 p.m. on the day of the City Council meeting when the item will be considered. For complete information on submitting communications to Council, please refer to Council Rule 6: Communications: https://www.cityofsalem.net/Pages/council rules.aspx. If you have some matter that you wish to have the City Council consider in the future, you are encouraged to submit your suggestion in writing to the City Manager at 555 Liberty Street SE, Room 220, Salem, OR, or by e mail to: manager@cityofsalem.net. PUBLIC HEARINGS The City Council can hold public hearings to consider legislative, quasi judicial or administrative matters. To testify at a hearing, you may sign up on the Hearing Roster located near the east entrance to the Council Chambers before the Mayor convenes the meeting. At the time for the hearing on the agenda, the Mayor will announce when the public hearing is open. If you have signed up to speak, come forward to the podium when the Mayor calls your name. State your name and either your address or the ward you live in. If you wish to receive notice of any written decision reached at the hearing, you must provide the City Recorder your address. When you have finished speaking, the Mayor will ask the Council if there are any questions for you, so please remain at the podium for a moment. The time limit is 3 minutes per person for legislative and administrative hearings. The time limits for quasi judicial hearings in non land use cases are as follows: 1. Staff Presentation – 15 minutes 2. Affected Party – 15 minutes 3. Neighborhood Associations – 5 minutes 4. Other Interested Persons – 3 minutes per person 5. Rebuttal by Affected Party – 7 minutes Time limits for quasi judicial land use hearings are governed by Rule 19 of the Council Rules. Parties to land use cases are encouraged to review that rule as time limits vary depending on the nature of the hearing. Further information can be obtained by contacting the Planning Administrator at 503 588 6173 or email at: lmanderson@cityofsalem.net. Timer lights are located on the podiums. A flashing yellow light means you have one minute left; a red light means your time has expired.