City News

UPDATE: Council approves $195,000 settlement for injuries in police crash

On Monday, April 22, the Salem City Council approved a $195,000 settlement to a woman injured in a 2017 car crash with a Salem police officer, and postponed a decision on a developer property tax exemption for an apartment building planned on the site of the former Salem City Hall.

Councilor Vanessa Nordyke was absent, making all unanimous votes 8-0. 

Claim settlement – Approved

Councilors unanimously approved a $195,000 settlement payment to Cynthia Garza, who sued the city after being injured by a car crash with a Salem police officer in 2017. The item was approved as part of the consent calendar, and was not discussed further during the council meeting.

Garza claimed in a 2019 lawsuit that she was a passenger in a vehicle driving through a green light on Northeast Court Street across Northeast 12th Street on Nov. 25, 2017. A Salem police vehicle driven by Joshua Walker failed to stop at the intersection and hit the car she was in.

Garza’s suit said she’d incurred $131,000 in medical expenses and lost over $71,000 in wages due to injuries sustained in the crash. She sought $202,000 in damages and $700,000 in non-economic damages.

The city was likely at fault for the collision, according to a staff report from Deputy City Manager Krishna Namburi.

With council approval, the pending Marion County Circuit Court case will be settled with the payment and a release agreement.

Property tax exemption – Postponed

Deacon Development has applied for a 10-year property tax exemption for its planned apartment complex at 277 High Street N.E., the location of the former Salem City Hall. The city exemption is estimated to be $44,758 in the first full year, according to a staff report from Community Planning and Development Director Kristin Retherford.

Councilors voted 7-1 on a motion from Councilor Micki Varney to postpone the decision until their May 13 meeting. Varney said she wanted time to consider the feasibility of increasing the number of affordable units in the project. Councilor Jose Gonzalez voted against the motion, and said he didn’t want to delay the project or add costs given that city staff had already recommended it.

Developers are currently planning for 16 of 105 apartments to be affordable. Read more about how the city defines affordable housing below.

Public testimony asking for the council to ensure fair wages for workers on the project also prompted further questions about oversight from the council. 

The tentatively named “High Street Apartments” will have 105 units and 29 onsite parking spots. Councilors will decide whether to approve the application, and whether to direct city staff to request that other taxing districts like the Salem-Keizer School District agree to exempt the multiple family residential portion of its tax payments.

The city can exempt developments from property taxes to incentivize new housing when properties meet city criteria for benefitting the public.

The property meets eight of the city’s 19 public benefit requirements, which is enough to qualify for the exemption, according to Retherford. They include rental rates “accessible to a broad range of mixed incomes.” The apartments will rent for $1,375-$1,995 a month, the report says. Other benefits include open space in the form of a rooftop deck for gatherings, and developing an underutilized or blighted property.

Applying to Oregon Watershed Enhancement Board grants – Approved

Councilors unanimously decided to apply for an Oregon Watershed Enhancement Board Restoration Grant to continue restoration work in the Minto Island Conservation area, after asking clarifying questions about the project requirements from city staff.

“Despite nearly five years of repeated treatment of invasive plants and installation of over 75,000 native plants in this 48-acre area, it has become clear that the work to restore native floodplain forest and shrub habitat is far from over. Aggressive invasive plants continue to threaten successful establishment of native vegetation and floodplain functions,” said Brian D. Martin, Public Works Director in a staff report

The city approved an application for $550,000 from the board, and would contribute staff time, planning and project management. The grants are expected to be decided in the fall. If awarded, the city would continue restoration for another five years, expand the treatment area and improve its methods, Martin said.

Councilors also asked clarifying questions about, then approved an application for a $150,000 grant from the board to make Salem’s streams more navigable for spring Chinook salmon and winter steelhead. The city would match up to $15,000.

Salem hasn’t studied its fish passage barriers in over 20 years, according to a staff report from Martin. The grant would pay for a new study of barriers in Glenn-Gibson, Mill Creek and Pringle Creek that would allow the city to be more competitive when applying to fish passage grant programs, Martin said. If funded, the project would start in winter 2025. 

Repairing the library parking structure – Approved

Councilors unanimously approved transferring $150,000 from the city’s contingency funds to fix the library parking structure, which was damaged in December after a patron ran over the curb stop and hit the wall inside the garage, according to a staff report by Josh Eggleston, Chief Finance Officer. The cost estimate includes engineering, permits and repair. It was approved as part of the consent calendar.

The city’s property insurance has filed a claim, and will pursue payment from the driver’s insurance, Eggleston said. The panel of the garage will need to be demolished and repaired due to the severity of the damage, according to city staff. 

Repairing pavement in Southeast Commercial Street and Southeast Fabry Road – Approved

Councilors approved moving $660,000 from the 2022 Safety and Livability Bond premiums to go to a pavement project that’s over budget. The item was approved as part of the consent calendar.

The project will replace pavement and update sidewalk ramps on Southeast Commercial Street, from Southeast Fabry Road to the Interstate 5 ramps, and on Southeast Liberty Street between Southeast Mill Street and Southeast Trade Street.

Construction costs have gone up since 2022 due to material prices and accessibility requirements, Eggleston said in a staff report

Federal grant spending – APPROVED

Councilors adopted a spending plan for federal housing grants for the year. The $2.3 million in federal grant money is earmarked to serve low and moderate income households, people who are homeless and people with special needs.

The plan for 2024 calls for spending $223,000 for case management, with $100,000 going to the Center for Hope and Safety, $85,000 for St. Francis Shelter and $38,000 for Northwest Human Services.

The city will also spend $1.4 million to help expand, rehabilitate and build several affordable housing projects, including $600,000 to the Micronesian Islander Community, which is building a 41-unit apartment complex.

Mayor Chris Hoy stepped out during the discussion and abstained from the vote on the topic to adhere to city code preventing conflicts of interest. Jackie Leung, who had signed up to testify with information about the Micronesian Community project, has donated over $1,000 to his re-election campaign. 

Other items

-Councilors unanimously approved annexing a 1.32 acre territory at 4785 and 4815 Northeast Auburn Road. The homeowner testified during the meeting saying he wanted to connect to city water.

-Councilors approved a motion asking city staff to start the process of changing council rules to restrict the council’s ability to call up certain types of land use decisions. The changes in rules would eliminate the council’s ability to review decisions where they have limited ability under state law to alter the outcome, and the staff process in the coming months will include more communication with neighborhood associations, staff said during the meeting.

-Councilors approved an application for a $100,000 grant from the Oregon Department of Energy to plan a community project to plan in-pipe hydroelectric turbine energy generation at the Turner Control Site for water treatment.

ORIGINAL STORY:

The Salem City Council will vote Monday on paying a $195,000 settlement to a woman injured in a 2017 car crash with a Salem police officer.

READ IT: Agenda

On Monday ahead of the council meeting, councilors will meet as the board of the Salem Housing Authority and the Urban Renewal Agency.

To participate

The council meets Monday, April 22, at 6 p.m. in-person at the city council chambers, 555 Liberty St. S.E., room 220, with the meeting also available to watch online.

The meeting will be livestreamed on Capital Community Media’s YouTube channel, with translation to Spanish and American Sign Language available. Anyone may attend the meeting to listen or comment.

The public comment portion of the meeting takes place after opening exercises, such as roll call and the Pledge of Allegiance. Residents are invited to comment on any topic, whether it appears on the agenda or not. If a public comment does not relate to an agenda item, it may be saved for the end of the meeting.

To comment remotely, sign up on the city website between 8 a.m. and 4 p.m. on Monday.

For written comments, email [email protected] before 5 p.m. on Monday, or on paper to the city recorder’s office at the Civic Center, 555 Liberty St. S.E., Room 225. Include a statement indicating the comment is for public record.

Claim settlement

Councilors will consider a $195,000 settlement payment to Cynthia Garza, who sued the city after being injured by a car crash with a Salem police officer in 2017. 

Garza claimed in a 2019 lawsuit that she was a passenger in a vehicle driving through a green light on Northeast Court Street across Northeast 12th Street on Nov. 25, 2017. A Salem police vehicle driven by Joshua Walker failed to stop at the intersection and hit the car she was in.

Garza’s suit said she’d incurred $131,000 in medical expenses and lost over $71,000 in wages due to injuries sustained in the crash. She sought $202,000 in damages and $700,000 in non-economic damages.

The city was likely at fault for the collision, according to a staff report from Deputy City Manager Krishna Namburi.

If council agrees to the settlement, the pending Marion County Circuit Court case will be settled with the payment and a release agreement.

Applying to Oregon Watershed Enhancement Board grants

Councilors will consider whether to apply for an Oregon Watershed Enhancement Board Restoration Grant to continue restoration work in the Minto Island Conservation area. 

“Despite nearly five years of repeated treatment of invasive plants and installation of over 75,000 native plants in this 48-acre area, it has become clear that the work to restore native floodplain forest and shrub habitat is far from over. Aggressive invasive plants continue to threaten successful establishment of native vegetation and floodplain functions,” said Brian D. Martin, Public Works Director in a staff report

If approved, the city would apply for $550,000 from the board, and would contribute staff time, planning and project management. The grants are expected to be decided in the fall. If awarded, the city would continue restoration for another five years, expand the treatment area and improve its methods, Martin said.

Councilors will also consider whether to apply for a $150,000 grant from the board to make Salem’s streams more navigable for spring Chinook salmon and winter steelhead. The city would match up to $15,000.

Salem hasn’t studied its fish passage barriers in over 20 years, according to a staff report from Martin. The grant would pay for a new study of barriers in Glenn-Gibson, Mill Creek and Pringle Creek that would allow the city to be more competitive when applying to fish passage grant programs, Martin said. If funded, the project would start in winter 2025. 

Repairing the library parking structure

Councilors will consider whether to transfer $150,000 from the city’s contingency funds to fix the library parking structure, which was damaged after a patron ran over the curb stop and hit the wall inside the garage, according to a staff report by Josh Eggleston, Chief Finance Officer. The cost estimate includes engineering, permits and repair.

The city’s property insurance has filed a claim, and will pursue payment from the driver’s insurance, Eggleston said. The panel of the garage will need to be demolished and repaired due to the severity of the damage, according to city staff. 

A portion of the Salem Public Library parkade is taped off on Sunday, Dec. 17, 2023, following a discovery of structural damage. (Rachel Alexander/Salem Reporter)

Property tax exemption

Deacon Development has applied for a 10-year property tax exemption for its planned apartment complex at 277 High Street N.E., the location of the former Salem City Hall. Councilors will vote on the exemption on Monday.

The tentatively named “High Street Apartments” will have 105 units and 29 onsite parking spots. Councilors will decide whether to approve the application, and whether to direct city staff to request that other taxing districts like the Salem-Keizer School District agree to exempt the multiple family residential portion of its tax payments.

The city can exempt developments from property taxes to incentivize new housing when properties meet city criteria for benefitting the public.

The property meets eight of the city’s 19 public benefit requirements, which is enough to qualify for the exemption, according to a staff report from Community Planning and Development Director Kristin Retherford. They include rental rates “accessible to a broad range of mixed incomes.” The apartments will rent for $1,375-$1,995 a month, the report says. Other benefits include open space in the form of a rooftop deck for gatherings, and developing an underutilized or blighted property.

Repairing pavement in Southeast Commercial Street and Southeast Fabry Road

Councilors will consider whether to authorize $660,000 from the 2022 Safety and Livability Bond premiums to go to a pavement project that’s over budget.

The project will replace pavement and update sidewalk ramps on Southeast Commercial Street, from Southeast Fabry Road to the Interstate 5 ramps, and on Southeast Liberty Street between Southeast Mill Street and Southeast Trade Street.

Construction costs have gone up since 2022 due to material prices and accessibility requirements, Eggleston said in a staff report

Federal grant spending

Councilors will consider whether to adopt a spending plan for federal housing grants for the year. The $2.3 million in federal grant money is earmarked to serve low and moderate income households, people who are homeless and people with special needs

The proposed plan for 2024 recommends spending $223,000 for case management, with $100,000 going to the Center for Hope and Safety, $85,000 for St. Francis Shelter and $38,000 for Northwest Human Services.

It also recommends spending $1.4 million to help expand, rehabilitate and build several affordable housing projects, including $600,000 to the Micronesian Islander Community, which is building a 41-unit apartment complex.

Other items

-Councilors will consider whether to annex a 1.32 acre territory at  4785 and 4815 Northeast Auburn Road. 

-Councilors will consider a recommendation from the rules committee that would restrict councilor’s ability to call up certain types of land use decisions. A call-up is when the council reviews decisions made by the Planning Administrator, Hearings Officer, Historic Landmarks Commission, or Planning Commission. If approved, the changes in rules would eliminate the council’s ability to review decisions where they have limited ability under state law to alter the outcome.

-Councilors will hear 2023 annual reports from Center 50+, the Planning Commission and Travel Salem.

-Councilors will hear about a186-unit multi-family development at 2916 Orchard Heights Rd. N.W. approved by the planning administrator.

-Councilors will consider an application for a $100,000 grant from the Oregon Department of Energy to plan a community project to plan in-pipe hydroelectric turbine energy generation at the Turner Control Site for water treatment.

-Councilors will hear a quarterly report on the city’s economic development, and will also see an overview of city purchases approved in March

Contact reporter Abbey McDonald: [email protected] or 503-575-1251

SUPPORT OUR WORK – We depend on subscribers for resources to report on Salem with care and depth, fairness and accuracy. Subscribe today to get our daily newsletters and more. Click I want to subscribe!

Abbey McDonald joined the Salem Reporter in 2022. She previously worked as the business reporter at The Astorian, where she covered labor issues, health care and social services. A University of Oregon grad, she has also reported for the Malheur Enterprise, The News-Review and Willamette Week.