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City Council

May 13, 2024 ·6:00 PM Final

Council Chambers / Hybrid Meeting

Agenda — 54 items

  1. 1 Roll Call
  2. 3 City Council City Manager's Conference Room 5:15 p.m. Real Property Transactions ORS 192.660 (2) (e)
  3. 4 WORK SESSION
  4. 1. OPENING EXERCISES: (Includes call to order, roll call, pledge of allegiance, announcements, proclamations, ceremonial presentations, and Council comment)
  5. 6 Call to Order
  6. 7 Roll Call
  7. 1.1 APPROVAL OF ADDITIONS AND DELETIONS TO THE AGENDA
  8. 1.2 COUNCIL AND CITY MANAGER COMMENT
  9. 1.3 PROCLAMATIONS
  10. 1.3a. Proclamation - Fill the Boot Days 2024 Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods 24-119 read into the record
  11. 1.3b. Proclamation - Public Works Week Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods 24-193 read into the record
  12. 1.4 PRESENTATIONS
  13. 2. PUBLIC COMMENT: (Comment on agenda items other than public hearings and deliberations)
  14. 3. CONSENT CALENDAR: (Includes approval of minutes, adoption of routine resolutions, and items of business requiring Council action) approved the Consent Calendar Pass
  15. 3.1 MINUTES
  16. 3.1a. April 22, 2024 Draft City Council Minutes 24-162 approved Pass
  17. 3.2 RESOLUTIONS
  18. 3.2a. Acquisition of Property for the Pedestrian Safety Crossings Project Ward(s): Wards 1, 2, 5, 6. Councilor(s): Stapleton, Nishioka, Gonzalez, Hoy Neighborhood(s): East Lancaster Neighborhood Association, Highland Neighborhood Association, Northeast Neighbors Neighborhood Association, Northeast Salem Community Association, Southeast Salem Neighborhood Association Result Area(s): Safe, Reliable and Efficient Infrastructure 24-174 adopted Pass
  19. 3.2b. Internal Borrowing from the City’s Building & Safety Fund to the Emergency Services Fund for capital improvements. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe and Healthy Community. 24-191 adopted Pass
  20. 3.3 ACTION ITEMS
  21. 3.3a. Appointments to the Community Police Review Board, Salem Parks and Recreation Advisory Board, and Salem Public Library Advisory Board, and recommending an appointment to the Salem Planning Commission without an interview. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance 24-165
  22. 3.3b.. Third Amendment to the Lease Agreement between the City of Salem and Capitol Community Television. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe and Healthy Community. 24-171 approved Pass
  23. 3.3c. Petition to vacate a public sanitary sewer easement located near Orchard Heights Road NW and Linwood Street NW. Ward(s): Ward 8 Councilor(s): Councilor Varney Neighborhood(s): West Salem Neighborhood Association Result Area(s): Safe, Reliable and Efficient Infrastructure. 24-181 approved Pass
  24. 3.3d. Safe Streets and Roads for All grant application for pedestrian crossing improvement projects. Ward(s): Wards 1, 2, 3, 5, 6 Councilor(s): Councilors Stapleton, Nishioka, Phillips, Gonzalez, and Hoy Neighborhood(s): East Lancaster Neighborhood Association, Grant Neighborhood Association, Highland Neighborhood Association, Northeast Neighbors Neighborhood Association, North East Salem Community Association, North Lancaster Neighborhood Association, Northgate Neighborhood Association, Morningside Neighborhood Association, South Central Association of Neighbors Result Area(s): Safe, Reliable and Efficient Infrastructure. 24-182 approved Pass
  25. 3.3e. Oregon Department of Transportation Local Agency Certification Program Agreement Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe, Reliable and Efficient Infrastructure 24-175 approved Pass
  26. 3.3f. Ground lease with WLS Enterprises, LLC for property located at Salem Municipal Airport. Ward(s): 2 Councilor(s): Nishioka Neighborhood(s): SEMCA Result Area(s): Good Governance; Strong and Diverse Economy. 24-153 approved Pass
  27. 4. PUBLIC HEARINGS
  28. 4.a City Council review of an appeal filed by a neighboring property owner following the Planning Administrator’s decision approving a 405-unit multi-family residential development, Urban Growth Area Preliminary Declaration, Class 3 Site Plan Review, Class 1 and Class 2 Adjustments, Class 2 Driveway Approach Permit, Class 1 Design Review, and Property Line Adjustment Case No. UGA-SPR-ADJ-DAP-DR-PLA24-03 for property located at 4650 Hazelgreen Road NE. Ward(s): 5 Councilor(s): Gonzalez Neighborhood(s): Northgate Neighborhood Association Result Area(s): Welcoming and Livable Community 24-183 approved Pass
  29. 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)
  30. 5.a. Multiple Unit Housing Tax Incentive Program application by Deacon Development, LLC seeking a 10-year property tax exemption for a 105-unit apartment development located at 277 High Street NE. Ward(s): Ward 1 Councilor(s): Stapleton Neighborhood(s): CANDO Result Area(s): Strong and Diverse Economy; Welcoming and Livable Community 24-114 approved as amended Pass
  31. 5.b. Annual Historic Landmarks Commission Report. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Welcoming and Livable Community 24-134 received and filed
  32. 5.c. Information on Salem Fire Department Implementing the approved Ambulance Operator Model with Fire Department Oversight. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe and Healthy Community 24-190 received and filed
  33. 5.5d Appointments to the Community Police Review Board, Salem Parks and Recreation Advisory Board, and Salem Public Library Advisory Board, and recommending an appointment to the Salem Planning Commission without an interview. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance 24-165 approved as amended Pass
  34. 6. INFORMATION REPORTS: (Items that require no Council action)
  35. 6.a. Notice of proposed administrative rulemaking for the Watershed Protection and Preservation Grant Program. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Natural Environment Stewardship. 24-161 received and filed
  36. 6.b. Appointments to the Salem Human Rights Commission, Center 50 Advisory Commission, Salem Cultural and Tourism Promotion Advisory Board, and Salem Public Art Commission. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance 24-166 received and filed
  37. 6.c. Planning Administrator Decision - A tentative partition plan to create three parcels - Approved. Partition Tentative Plan Case No. PAR24-05 - Karl Goertzen - 3370 Darrin St NW. Ward(s): 8 Councilor(s): Varney Neighborhood(s): WSNA 24-167 received and filed
  38. 6.d. Changes to City Council Committee Assignments Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods 24-168 received and filed
  39. 6.e. The City of Salem is partnering with the University of Oregon’s Sustainable City Year Program for the 2023 - 2024 academic year to advance City Council and community priorities. Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Result Areas - Good Governance; Natural Environment Stewardship; Safe Community; Safe, Reliable and Efficient Infrastructure; Strong and Diverse Economy; Welcoming and Livable Community. 24-169 received and filed
  40. 6.f. Planning Administrator Decision - To divide 21.55 acres into 100 lots - Approved. Phased Subdivision Tentative Plan / Class 2 Adjustment Case No. SUB-ADJ24-02 - Andrew Fields, James Fields, Brenda A. Young, Paul Duchateau, Oregon Conference Adventist Churches - 5012 to 5122 Hayesville Drive NE and 4625 Cordon Road NE Ward(s): 5 Councilor(s): Gonzalez Neighborhood(s): Northgate 24-173 received and filed
  41. 6.g. Planning Administrator Decision - To divide 0.46 acres into two parcels - Approved. Tentative Partition Plan Case No. PAR24-04 - Christopher Ream, Karl Goertzen - 995 Fairview Ave SE. Ward(s): 2 Councilor(s): Nishioka Neighborhood(s): SCAN 24-184 received and filed
  42. 6.h. Planning Administrator Decision - To remove eight significant trees on a vacant lot to allow construction of one house - Approved. Tree Variance Case No. TRV24-01 - Lisa Heller - 3924 Croisan Mountain Dr S. Ward(s): 7 Councilor(s): Nordyke Neighborhood(s): SWAN 24-189 received and filed
  43. 7. ORDINANCES
  44. 7.1 FIRST READING:
  45. 7.1a. Amending Salem Revised Code Chapter 41 (System Development Charges) Relating to Accessory Dwelling Units Exemptions Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Safe and Reliable Infrastructure ISSUE: Shall City Council conduct first reading of Ordinance Bill No. 5-24 amending Chapter 41 (System Development Charges) of the Salem Revised Code and advance it to second reading? RECOMMENDATION: 24-176 introduced on first reading Pass
  46. 7.1b. Annexation of an approximately 1.32-acre territory located at 4785 and 4815 Auburn Road NE (ANXC-757). Ward(s): Ward 6 Councilor(s): Hoy Neighborhood(s): ELNA Result Area(s): Welcoming and Livable Community 24-170 introduced on first reading Pass
  47. 7.2 SECOND READING:
  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: Appeal of the Planning Commission’s Decision (Case No. CPC-ZC24-01) approving a Minor Comprehensive Plan Map Amendment and Quasi-Judicial Zone Change from Multiple-Family to Industrial and RM-II to IG zoning for two properties located at 650 15th Street SE Tuesday, May 28, 2024 at 6:00 p.m. A Petition to vacate a public sanitary sewer easement located near Orchard Heights Road NW and Linwood Street NW Tuesday, May 28, 2024 at 6:00 p.m. FY 2025 Recommended Budget Monday, June 10, 2024 at 6:00 p.m. State Revenue Sharing Monday, June 10, 2024 at 6:00 p.m. SALEM HOUSING AUTHORITY PUBLIC HEARINGS: 5 Year and Public Housing Agency Plan. Monday, July 8, 2024 at 6:00 p.m. URBAN RENEWAL AGENCY PUBLIC HEARINGS: FY 2025 Recommended Budget Monday, June 10, 2024 at 6:00 p.m. CITY COUNCIL WORK SESSIONS: (Unless otherwise noted, work sessions are held in the Council Chambers, 555 Liberty Street SE. Salem Governance Assessment Update Monday, May 20, 2024 at 6:00 p.m. Joint City Council and Salem Planning Commission - Housing Production Strategies Monday, June 17, 2024 at 6:00 p.m. Presentation of the 2024 Revenue Task Force Recommendations Monday, July 15, 2024 at 6:00 p.m. 2024 NEIGHBORHOOD ASSOCIATION ANNUAL MEETING DATES: Neighborhood - Annual Meeting Date - Time - Councilor ELNA--------------June 6-------------7:00 p.m.-----Hoy Morningside------June 12-----------6:30 p.m.-----Nishioka, Phillips SCAN--------------June 12-----------6:30 p.m.-----Nishioka, Nordyke Faye Wright------September 10----6:30 p.m.-----Nordyke, Phillips Northgate---------September 19---6:00 p.m.-----Gonzalez 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 24-172
  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.