TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Kristin Retherford, Director, Community Planning & Development
SUBJECT:
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Intergovernmental Agreement with Marion County for Stormwater Improvements within Hazelgreen Road NW
Ward(s): Ward 5
Councilor(s): Brown
Neighborhood(s): Northgate Neighborhood Association
Result Area(s): Safe, Reliable and Efficient Infrastructure
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SUMMARY:
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The proposed Intergovernmental Agreement (IGA) between the City of Salem and Marion County establishes long-term maintenance responsibilities for developer-built stormwater facilities located within Marion County right-of-way.
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ISSUE:
Shall Council authorize the City Manager to execute an Intergovernmental Agreement (IGA) with Marion County to establish terms and conditions under which the City will provide maintenance of Developer-built stormwater facilities within Hazelgreen Road NE?
RECOMMENDATION:
recommendation
Authorize the City Manager to execute an IGA with Marion County to establish terms and conditions under which the City will provide maintenance of Developer-built stormwater facilities within Hazelgreen Road NE.
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FACTS AND FINDINGS:
Staff for Salem and Marion County have tentatively agreed to terms outlined in the proposed IGA for developer-built stormwater facilities located within the Marion County right-of-way of Hazelgreen Road NE (Attachment 1) that serves development within the city. Construction of stormwater facilities in Hazelgreen Road NE is necessary to provide stormwater management for street improvements within city limits that are required for the Northplace Apartments Phase 2 multi-family project located at 4650 Hazelgreen Road NE (Attachment 2).
Upon approval of the IGA and acceptance of the proposed stormwater facilities, Salem will accept maintenance responsibility, including any necessary repairs, modifications, or retrofits, of the developer-built stormwater facilities within Hazelgreen Road NE.
The IGA does not commit Salem to any financial contributions related to the construction of the stormwater facilities. Performance of the City’s obligations under this IGA is not anticipated to have a measurable budget impact.
The IGA provides that the City Manager may execute amendments to the IGA if the following requirements are met: (1) The amendments do not substantially expand the City’s obligations; (2) The amendments do not broaden the scope of the agreement to other subjects; (3) The amendments do not increase the City’s financial obligations; and, (4) The amendments may extend the term or renew the IGA so long as any other changes to the IGA do not substantially expand the City’s obligations.
BACKGROUND:
On March 30, 2021, the City granted conditional approval for the Northplace Apartments Phase 2 development (Case Number UGA-SPR-ADJ-DAP-DR-PLA24-03) for tax lot (TL) 062W32C / 500, along the 4600 Block of Hazelgreen Road NE, that also includes TL 062W32C / 400. The conditions of approval require construction of a three-quarter street improvement along Hazelgreen Road NE, including the construction of stormwater facilities that comply with Salem Revised Code Chapter 71 and the City of Salem Public Works Design Standards. Construction of off-site stormwater improvements within Marion County right-of-way allows drainage for City street improvements to be safely conveyed to an approved point of discharge in accordance with City stormwater design standards.
The Hazelgreen Road right-of-way in the vicinity of the proposed development is predominantly within city limits with the exception of an approximate 200-foot segment under Marion County jurisdiction, contiguous with TL 062W32C / 300 or 4750 Hazelgreen Road NE. The stormwater facilities required to provide stormwater management for the required roadway improvements will be constructed within the Marion County right-of-way of Hazelgreen Road NE. Marion County requires an IGA with Salem to establish the terms and conditions of long-term maintenance responsibility for the accepted stormwater facilities.
Laurel Christian
Infrastructure Planner III
Attachments:
1. Draft Intergovernmental Agreement
2. Project Location Map