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September 23, 2024 ·6:00 PM Final

Council Chambers / Hybrid Meeting

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 47 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 SESSION
  3. 3 City Council 5:15 p.m. - 6:00 p.m. - City Manager's Conference Room ORS 192.660(2)(h) - Current / Pending Litigation
  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
  9. 1.2 COUNCIL AND CITY MANAGER COMMENT
  10. 1.3 SWEARING-IN / OATH OF OFFICE FOR NEW FIRE CHIEF DAVID GERBOTH read into the record
  11. 1.4.a. PROCLAMATIONS
  12. 1.4a. Proclamation - National Community Planning Month 2024 Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods 24-375 read into the record
  13. 1.4.b. PRESENTATIONS
  14. 2. PUBLIC COMMENT: (Comment on agenda items other than public hearings and deliberations)
  15. 3. CONSENT CALENDAR: (Includes approval of minutes, adoption of routine resolutions, and items of business requiring Council action) approved the Consent Calendar Pass
  16. 3.1 MINUTES
  17. 3.1a. September 9, 2024 Draft City Council Minutes 24-380 approved
  18. 3.1b. September 16, 2024 Draft City Council Minutes 24-386 approved
  19. 3.2 RESOLUTIONS
  20. 3.3 ACTION ITEMS
  21. 3.3a. Intergovernmental Agreement with Marion County for Construction of Mildred Lane SE. Ward(s): Ward 7 Councilor(s): Nordyke Neighborhood(s): Sunnyslope Neighborhood Association Result Area(s): Safe, Reliable and Efficient Infrastructure 24-355 approved
  22. 3.3b. Request approval to apply for a grant through the Oregon Department of Forestry Urban and Community Forestry Subaward Program to assist in dealing with the effects of Emerald Ash Borer in the City. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Natural Environment Stewardship. 24-374 approved
  23. 3.3c. Appointments to the Citizen Budget Committee and Citizens Advisory Traffic Commission. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance 24-384 approved
  24. 3.3d. Recommended policy statements and priorities to guide Salem’s Federal and State agenda, and Salem’s response to proposed legislation during the 2025 Oregon Legislative Session. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance; Natural Environment Stewardship; Safe Community; Safe, Reliable and Efficient Infrastructure; Strong and Diverse Economy; Welcoming and Livable Community. 24-388 approved
  25. 3.3e. Recommended response to League of Oregon Cities (LOC) survey on priorities to inform the LOC’s legislative priorities during the 2025 Oregon Legislative Session. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance; Natural Environment Stewardship; Safe Community; Safe, Reliable and Efficient Infrastructure; Strong and Diverse Economy; Welcoming and Livable Community. 24-389 approved
  26. 3.3f. Second amendment to the purchase and sale agreement between the City and Green Light-Home First, LLC for the sale of the former Salem General Hospital site. Ward(s): Ward 1 Councilor(s): Councilor Stapleton Neighborhood(s): Northeast Neighbors Neighborhood Association Result Area(s): Safe and Healthy Community; Safe, Reliable and Efficient Infrastructure; Welcoming and Livable Community. 24-391 approved
  27. 4. PUBLIC HEARINGS
  28. 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)
  29. 6. INFORMATION REPORTS: (Items that require no Council action)
  30. 6.a. Purchases approved administratively from July 1, 2024 through July 31, 2024. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance 24-370 received and filed
  31. 6.b. Planning Commission Decision -Proposed two-parcel Partition and Planned Unit Development-Subdivision creating 11 residential lots along with common open space - Approved. Planned Unit Development / Subdivision Tentative Plan / Partition Tentative Plan / Urban Growth Preliminary Declaration / Class 2 Adjustment Case No. PUD-SUB-PAR-UGA-ADJ24-01 - Larry Tokarski - 700 to 800 Block of Creekside Dr SE. This case has been Appealed (Attachment 2) and will be heard by City Council. Ward(s): 4 Councilor(s): Gwyn Neighborhood(s): SGNA 24-364 received and filed
  32. 6.c. Planning Administrator Decision -A tentative partition plan to create three parcels - Approved. Tentative Partition Plan Case No. PAR24-10 - Brandie Dalton - 3243 12th St SE Ward(s): 3 Councilor(s): Phillips Neighborhood(s): Morningside 24-376 received and filed
  33. 7. ORDINANCES
  34. 7.1 FIRST READING:
  35. 7.1a. 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 24-385 introduced on first reading Pass
  36. 7.2 SECOND READING:
  37. 7.2a. Engrossed Ordinance Bill No. 8-24 updates the Unified Development Code to promote housing development and address other issues. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Welcoming and Livable Community 24-378 approved Pass
  38. 7.2b. Amending Salem Revised Code Chapter 70 (Utilities) and Chapter 71 (Stormwater). Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Natural Environment Stewardship; Reliable and Efficient Infrastructure. 24-362 approved Pass
  39. 7.2c. Proposal to vacate a portion of right-of-way for 1st Street NW. Ward(s): 1 Councilor(s): Stapleton Neighborhood(s): West Salem NA Result Area(s): Safe, Reliable, and Efficient Infrastructure 24-382 approved Pass
  40. 7.2d. Amending Salem Revised Code Chapter 75 (Erosion Prevention and Sediment Control) Relating to Erosion Control Permit Exemptions 24-372 approved Pass
  41. 8. PUBLIC COMMENT: (Other than agenda items)
  42. 9. ADJOURNMENT
  43. 43 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.
  44. 44 page break
  45. 45 UPCOMING PUBLIC HEARINGS, AND WORK SESSIONS
  46. 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: 2023 Consolidated Annual Performance and Evaluation Report (CAPER) and Substantial Amendment to Program Year 2024 Annual Action Plan (AAP) Monday, October 14, 2024 at 6:00 p.m. Appeal of the Planning Commission’s Decision on 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 - Larry Tokarski - 700 to 800 Block of Creekside Dr SE Monday, October 14, 2024 at 6:00 p.m. 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, November 25, 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 Wednesday, October 30, 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 NOLA--------------October 2---------6:30 p.m.-----Hoy, Gonzalez West Salem-------October 3---------6:30 p.m.-----Stapleton, Varney 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 24-377 received and filed
  47. 47 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.