City of Salem -

Council Agenda

May 5, 2008
City of Salem Internet Home Page: www.cityofsalem.net

UPCOMING PUBLIC HEARINGS, WORK SESSIONS AND FUTURE AGENDA ITEMS:

PUBLIC HEARINGS:
(Public Hearings begin no later than 7:30 p.m.)

Continuation: Appeal of Decision of the Historic Landmarks    ~ May 12
& Design Review Commission of Historic Review
Case No. 08-1; 235 15th Street NE

Petitioner-Initiated Annexation of Territory Located at Lot 3,  ~ May 12
Block 3, Chatnicka Heights (3100 Block of Glen Creek Road NW)
(Annexation Case No. C-657)

Petitioner-Initiated Annexation of Territory Located West of Cordon   ~ May 12
Road NE (4500 Block) (Annexation Case No. C-661)

Deliberations: Appeal of Airport Advisory Commission   ~ May 27
Recommendation Regarding Helicopter Flight School
(The written record has been left open until 5:00 p.m. on May 27, 2008)

4 Petitioner-Initiated and 2 Enclave Annexations  ~ May 27

Appeal of UGA Development Review Committee Decision -   ~ June 2
Preliminary Declaration for UGA Development Permit No. 07-9,
5240 Gaffin Road SE

Neighborhood Task Force Recommendations   ~ June 2

2 Petitioner-Initiated and 3 Enclave Annexations   ~ June 2

Administrative Decision - Replat 08-5 - Wyant Land, ~ June 2
Building and Development Company - 2733 Dutch Oven Avenue NW

4 Enclave Annexations     ~ June 9

State Revenue Sharing Funds   ~  June 9

FY 2008-2009 Budget (Council and URA)   ~ June 9

4 Enclave Annexations    ~  June 23
3 Enclave Annexations    ~  July 7

WORK SESSION:
Federal Funding for Public Housing    ~  June 2, 5:30 p.m.

BUDGET COMMITTEE:
Meetings will be held in the Council Chambers at 6:00 p.m.

Human Resources and Self Insurance Fund; Public Works Fund, ~ May 7
including Office of the Director, Engineering, Transportation,
Streets, Water and Sewer Fund, and Public Works Construction;
Information Technology, including Telecommunications and
City Services Fund, including Printing and Reprographics;
Urban Development, including Leasehold Fund and Community
Renewal Fund (Block Grant); Urban Renewal Agency.

AGENDA
SALEM HOUSING AUTHORITY
6:30 P.M.
May 5, 2008

1. ROLL CALL

1.1 Pledge of Allegiance

CONSENT CALENDAR:

2. REPORTS:

2.1 Program Management Report

Recommended Action: Information only.

2.2 Financial Audit Reports for Limited Partnerships

Recommended Action: Information only.

3. RESOLUTIONS:

3.1 Resolution No. 2050 to Receive and Accept the Authority’s Independent Audit Report for the Year Ending September 30, 2007.

Recommended Action: Staff recommends that the Salem Housing Authority Commission adopt Resolution No. 2050.

4. OTHER BUSINESS:

4.1 Housing Authority Commission Minutes of April 7, 2008

4.2 Housing Advisory Committee Meeting Minutes of March 19, 2008

5. ADJOURNMENT

WORK SESSION: 5:00 p.m.
Parks and Recreation System Master Plan Policy Direction Council Chambers

AGENDA
SALEM CITY COUNCIL
CITY OF SALEM, OREGON
May 5, 2008
6:30 P.M.

1. ROLL CALL

  1.1 Proclamations:

  (a) Building and Safety Week

(b) North American Occupational Safety and Health Week and Occupational Safety and Health Professional Day

(c) National Association of Letter Carriers "Stamp Out Hunger" Food Drive Day

1.2 Presentations:

  (a) DARE Presentation - Recognizing donations from Seaman Restaurant Corporation, Premier Books Direct and Walmart    (PD)


2.   REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES: Representatives of City Boards, Commissions and Committees may comment on any item of City business except public hearings, deliberations and the merits of land use issues that are reviewable by Council at public hearings. Representatives must sign up prior to the commencement of this meeting in order to present testimony.

3. PUBLIC COMMENT: Up to thirty minutes is available for persons other than City Boards, Commissions and Committee representatives to comment on specific agenda items other than public hearings, deliberations and the merits of land use issues that are reviewable by Council at public hearings. Each person’s comments will be limited to three minutes.

Time will be provided at the end of the meeting for comments on issues of City business not on the agenda.

All agenda items marked by * require action by Council at this meeting meeting.

4. CONSENT CALENDAR: All items on the Consent Calendar that will be adopted as a group by a single motion.

4.1 MINUTES:

   (a) April 23, 2008

   4.2 RESOLUTIONS:

(a) Resolution No. 2008-39 Dedicating property located south of the intersection of Salem Industrial Drive NE for a street and right-of-way - Ward 5 - Councilor Tarter - Northgate (PW)

Recommended Action: Staff recommends that City Council approve Resolution No. 2008-39.

(b) Resolution No. 2008-40 Dedicating property located south of the intersection of Salem Industrial Drive NE for a street and right-of-way - Ward 5 - Councilor Tarter - Northgate (PW)

Recommended Action: Staff recommends that City Council approve Resolution No. 2008-40.

(c) Budget Authorization for Deepwood Estate Tennis Court Replacement - Ward 2 - Councilor Tesler - SCAN (CS)

(1) Resolution No. 2008-41 Authorizing a Transfer of Appropriation to Provide Budget Authority for Construction of a Tennis Court to Replace the Failing Amenity at Historic Deepwood Estate

(2) Resolution No. 2008-42 Authorizing a Transfer of Appropriation to Allow a FY 2007-08 Capital Improvement Grant Awarded to Historic Deepwood Estate for the Purpose of Replacing the Tennis Court

Recommended Action: Staff recommends that City Council: 1) Authorize acceptance of funds from Friends of Deepwood to cover the cost to replace the tennis court at Historic Deepwood Estate; 2) Adopt Resolution No. 2008-41 transferring $75,000 from Capital Improvements Fund, Community Services Parks Improvements capital outlay to Capital Improvements Fund, Community Services Parks Improvements materials and services to provide budget authority for construction of a tennis court to replace the failing amenity at Historic Deepwood Estate; and 3) Adopt Resolution No. 2008-42 transferring $18,000 from Cultural and Tourism Fund materials and services to Cultural and Tourism Fund transfers to allow a FY 2007-08 capital improvement grant awarded to Historic Deepwood Estate tennis court replacement to be expended from the Community Services Parks Improvement Division of the Capital Improvements Fund.

   4.3 ROUTINE ITEMS:

   (a) Purchases Approved Administratively (April 1, 2008 thru April 28, 2008)    (AS)

    Recommended Action: Staff recommends that City Council approve additional funding in the amount of $44,140 from the allocated Qwest reserve in the Non-Departmental Division of the General Fund for marketing activities related to the Chamber of Commerce Air Service Marketing Contract amendment.


   (c) Boise Cascade Site - City of Salem/Pringle Square LLC Amended Memorandum Of Understanding - Ward 2 - Councilor Tesler - CAN-DO    (CD)

Recommended Action: Staff recommends that City Council authorize the City Manager, Pro Tem to execute the First Amendment to the Memorandum of Understanding (MOU) (Attachment B of the staff report) between the City of Salem and Pringle Square LLC regarding establishing a new completion date for the creation of a new zoning district and the redevelopment of the Boise Cascade site.

(d) Federal Aviation Administration (FAA) Grant Request - Ward 2 - Councilor Tesler - SEMCA (CD)

Recommended Action: Staff recommends that City Council authorize the City Manager to accept FAA non-primary entitlement funds to construct taxi lanes and an additional access gate in the south hangar area (Attachment A of the staff report).

* (e) Salem Saturday Market Annual Noise Variance - Wards 1 and 2 - Councilors Bennett and Tesler - CAN-DO (CD)

Recommended Action: Staff recommends that City Council grant a Class “B” Noise Variance for the Salem Saturday Market events, with the following conditions: A) Noise levels will be limited to a measurement of 80dbA at a point twenty feet from the source sound; B) Location of the sound source is to be the dedicated entertainment area of the Saturday Market, identified by #1 on the map included in the noise survey (Attachment A of the staff report; C) To the extent possible, speakers and amplifiers must be directed away from the Lee Apartment Building; D) The dates of the 2008 Saturday Market where amplified music will be allowed are: May 10, 17, 24, 31; June 7, 14, 21, 28; July 5, 12, 19, 26; August 2, 9, 16, 23, 30; September 6, 13, 20, 27; October 4, 11, 18 and 25; and E) Hours of the noise variance will run from 10:00 a.m. until 2:00 p.m. on each of the listed Salem Saturday Market dates.

(f) City Council Summer Meeting Schedule (CM)

Recommended Action: Pending.

(g) Salem Social Service Provider Update: Salem-Keizer Public Schools Homeless Education Program (CS)

Recommended Action: Information only.

* (h) Domestic Violence Response Team (DVRT) Stop Violence Against Women Act (VAWA) Grant Renewal (PD)

Recommended Action: Staff recommends that City Council authorize the Salem Police Department to apply for and accept a renewal of the VAWA grant in the amount of up to $61,500.

* (i) Law Enforcement Use of Deadly Physical Force Response Plans (PD)

    Recommended Action: Staff recommends that City Council approve the Law Enforcement Use of Deadly Physical Force Response Plans created by both planning committees for submission to Oregon Attorney General, Hardy Myers, by each county.

   (j) 2008 Annual Report of the Sidewalk Inspection and Repair Program     (PW)

    Recommended Action: Information only.

(k) Amendment to Intergovernmental Agreement, Kuebler Boulevard SE: Interstate 5 to Commercial Street SE - Wards 3 and 4 - Councilors Nanke and Sullivan - Morningside and South Gateway (PW)

Recommended Action: Staff recommends that City Council authorize the City Manager Pro Tem to sign the amendment (Attachment A of the staff report) to the Intergovernmental Agreement between ODOT and the City concerning the westbound widening on the north side of Kuebler Boulevard SE to extend the project limit west to approximately 850 feet east of Commercial Street SE, and increase the federal funds applied toward the project.

   *  (l) Utility Bill Credit for Homes on Crestview Drive S, Mimosa Street S, and Windgate Street S - Ward 7 - Councilor DeHart - South Salem     (PW)

    Recommended Action: Staff recommends that City Council authorize a one-month water and sewer utility bill credit for twenty-three homes located on Crestview Drive S, Mimosa Street S, and Windgate Street S in south Salem for a total cost to the City of $898.56.

(m) Fourth Amendment to the Senior Center Purchase and Sale Agreement: Senior Center Broker Commission - Ward 5 - Councilor Tarter - Highland (UD)

Recommended Action: Staff recommends that City Council approve the Fourth Amendment to the Senior Center Purchase and Sale Agreement authorizing payment of a brokerage commission, from the property sales proceeds, in the amount of one hundred twenty-five thousand dollars ($125,000.00) to First Commercial Real Estate Services, LLC upon close of escrow.

5. SPECIAL ORDERS OF BUSINESS: (Includes consideration of items deferred from the consent calendar and any action item which requires a selection among options, or consideration of matters of special importance to the Council)

6. UNFINISHED BUSINESS: (Any business held over from a previous meeting, other than public hearings and ordinances)

7. PUBLIC HEARINGS: (Includes deliberations and deliberations from hearings held over from previous meetings). Public hearings will commence no later than 7:30 p.m.

(a) Continuation: 2008 - 2009 Housing and Community Development Annual Action Plan (UD)

    Recommended Action: Staff recommends that City Council adopt the 2008-2009 Housing and Community Development (HCD) Action Plan (Plan)
    and direct staff to submit the 2008-2009 Plan to the Department of Housing and Urban Development (HUD) prior to May 15, 2008.

   (b) Downtown EID Fund Supplemental Budget - Ward 2 - Councilor Tesler -     CAN-DO

Recommended Action: Staff recommends that City Council approve Resolution No. 2008-37, adopting a FY 2007-08 supplemental budget for the City of Salem which establishes the Downtown Economic Improvement District (EID) Fund and sets appropriations. The supplemental budget will set the Downtown EID Fund appropriations at $200,000 with offsetting revenue to come from EID assessments.

(c) Proposed Modifications to the Transportation System Development Charges Methodology, Eligible Project List, and Fee (PW)

Recommended Action: Staff recommends that City Council continue the hearing, opened on April 7, 2008, to the June 2, 2008, Council Meeting.

(d) Petitioner-Initiated Annexation of Territory Located at 3070 Hollywood Drive NE (Annexation Case No. C-654) - Ward 1 - Councilor Bennett - NOLA

    Recommended Action: Staff recommends that City Council: 1) Find that the Petitioner submitted a valid triple majority consent petition for annexation of the Territory and thus an election is dispensed within the Territory proposed to be annexed (Attachment B of the staff report); 2) Determine that Annexation Case No. C-654 satisfies the criteria of SRC 130(c) and adopt Order No. 08-C-654, Attachment I of the staff report; 3) Refer the proposed annexation to the November 4, 2008 election ballot, and, if approved by the voters: A) Apply the City of Salem RS (Single Family Residential) zone to the Territory from a Marion County RS (Single Family Residential) zone; and B) Withdraw the Territory from Marion County Fire District #1 and East Salem Service District.

  (e) Petitioner-Initiated Annexation of Territory Located East of Lancaster Drive NE    South of Denver Avenue NE and North of Center Street NE (802 Lancaster Drive NE) (Annexation Case No. C-656) - Ward 6 - Councilor Rogers - ELNA

  Recommended Action: Staff recommends that City Council: 1) Find that the Petitioner submitted a valid triple majority consent petition for annexation of the Territory and thus an election is dispensed within the Territory proposed to be annexed (Attachment B of the staff report); 2) Determine that Annexation Case No. C-656 satisfies the criteria of Salem Revised Code (SRC) 165.130(c) and adopt Order No. 08-C-656, Attachment I of the staff report; 3) Refer the proposed annexation to the November 4, 2008 election ballot, and, if approved by the voters: A) Apply the City of Salem CR (Retail Commercial) zone to the Territory from a Marion County CR (Commercial Retail) and RM (Multiple Family Residential) zone; and B) Withdraw the Territory from Marion County Fire District #1, Suburban East Salem Water District, and East Salem Service District.

  (f) Petitioner-Initiated Annexation of Territory Located at 5192 Kale Street NE (Annexation Case No. C-660) - Ward 5 - Councilor Tarter - Northgate

    Recommended Action: Staff recommends that City Council: 1) Find that the Petitioners submitted a valid triple majority consent petition for annexation of the Territory and thus an election is dispensed within the Territory proposed to be annexed (Attachment B of the staff report); 2) Determine that Annexation Case No. C-660 satisfies the criteria of Salem Revised Code (SRC) 165.130(c) and adopt Order No. 08-C-660, Attachment I of the staff report; 3) Refer the proposed annexation to the November 4, 2008 election ballot, and, if approved by the voters: A) Apply the City of Salem RA (Residential Agriculture) zone to the Territory from a Marion County UT-5 (Urban Transition) zone; and
B) Withdraw the Territory from Marion County Fire District #1.

(g) Petitioner-Initiated Annexation of Territory Located at 3960 Boone Road SE (Annexation Case No. C-666) - Ward 3 - Councilor Nanke - SEMCA

Recommended Action: Staff recommends that City Council: 1) Find that the Petitioners submitted a valid triple majority consent petition for annexation of the Territory and thus an election is dispensed within the Territory proposed to be annexed (Attachment B of the staff report); 2) Determine that Annexation Case No. C-666 satisfies the criteria of Salem Revised Code (SRC) 165.130(c) and adopt Order No. 08-C-666, Attachment I of the staff report; 3) Refer the proposed
annexation to the November 4, 2008 election ballot, and, if approved by the voters: A) Apply the City of Salem IP (Industrial Park) zone to the Territory from a Marion County IC (Industrial Commercial) zone; and B) Withdraw the Territory from the Turner Rural Fire Protection District and Santiam Water Control District.

8. CALENDAR OF ORDINANCE BILLS:

8.1 FIRST READING OF ORDINANCE BILLS

None.

8.2 SECOND READING OF ORDINANCE BILLS

   None.

9.  MANAGEMENT REPORTS

10. PUBLIC COMMENT: (Other than agenda items)

11. NEW BUSINESS:

11.1 MAYOR’S ITEMS

11.2 COUNCILOR’S ITEMS

(a) Pedestrian Safety Zones - Councilor Clem

12. ADJOURNMENT