FOR AGENCY MEETING OF: AGENDA ITEM NO.: URBAN RENEWAL AGENCY BOARD STEVEN POWERS, EXECUTIVE DIRECTO#

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1 FOR AGENCY MEETING OF: AGENDA ITEM NO.: March 14, (a) TO: THROUGH: FROM: SUBJECT: URBAN RENEWAL AGENCY BOARD STEVEN POWERS, EXECUTIVE DIRECTO# KRISTIN RETHERFORD, DIRECTOR '!(/L/ URBAN DEVELOPMENT DEPARTMENT RESOLUTION 16-2 URA AMENDING THE MILL CREEK INDUSTRIAL PARK URBAN RENEWAL AREA PLAN TO ALLOW FUNDING OF THE INSTALLATION OF SILT FENCING AT PHASE 1A OF THE MILL CREEK CORPORATE CENTER TO DISCOURAGE NESTING OF STREAKED HORNED LARKS ISSUE: Shall the Agency Board adopt Resolution 16-2 URA, which amends the Mill Creek Industrial Park Urban Renewal Area Plan (Plan) to authorize the use of up to $80,000 of Plan funds for the installation of silt fencing to discourage nesting of federally listed threatened species, the Streaked Horned Lark, on Phase la of the Mill Creek Corporate Center? RECOMMENDATION: Adopt Resolution 16-2 URA, which amends the Mill Creek Industrial Park Urban Renewal Area Plan (Plan) to authorize the use of up to $80,000 of Plan funds for the installation of silt fencing to discourage nesting of federally listed threatened species, the Streaked Horned Lark, on Phase la of the Mill Creek Corporate Center. SUMMARY AND BACKGROUND: The Mill Creek Corporate Center (Corporate Center) is located in the Mill Creek Industrial Park Urban Renewal Area (Mill Creek URA) which is bordered by Highway 22 to the north, Aumsville Highway SE and Deer Park Drive SE to the east, Turner Road SE to the south, and Kuebler Boulevard SE to the west. The Urban Renewal Area and Development District were established in 2005 as a way to finance public infrastructure projects necessary for the development of the vacant farm land owned by the State of Oregon. An intergovernmental agreement between the City of Salem, its Urban Renewal Agency, and the State of Oregon was created in 2005 and amended in 2012 to coordinate development activities for public benefit. The Streaked Horned Lark was listed as threatened, and critical habitat was designated, under the Federal Endangered Species Act in In 2015, a survey identified the

2 Resolution 16-2 URA Amending The Mill Creek Industrial Park Urban Renewal Area Plan To Allow Funding Of The Installation Of Silt Fencing At Phase 1A Of The Mill Creek Corporate Center To Discourage Nesting Of Streaked Horned Larks For Agency Meeting of March 14, 2016 Page 2 presence of Streaked Horned Larks (Lark) on the Corporate Center site in the vicinity of the Mill Creek Parkway and Phase la (Attachment 1 ). The Corporate Center's Biological Assessment has been updated to address the presence of the Lark and to mitigate any future potential impacts to the Lark. As a part of mitigation proposed in the revised Biological Assessment, DAS has committed $37,000 to continue Streak Horned Lark research at the Herbert Farm in Corvallis, Oregon, through The Lark prefers large tracts of disturbed land with little to no vegetation. The Phase la site was recently filled to prepare for development on the site. The U.S. Fish and Wildlife Service and the project consultant, Pacific Habitat Services, recommend that the City and DAS install silt fencing on Phase la prior to Lark nesting, which typically begins in mid-april. The silt fence is intended to disrupt the large open nature of the Phase 1A site and discourage Larks from nesting prior to and during construction activity. The Mill Creek Corporate Center Implementation Committee approved Action Item 1603 on March 8, 2016, authorizing the expenditure with DAS reimbursing the Agency for 50% of the cost to install the fence. FACTS AND FINDINGS: Goal 1 of the Mill Creek URA Plan is to "stimulate the development of a broad mix of compatible employment uses within the area, and Goal 2 is to "promote high quality development that preserves and protects the area's natural amenities and environmental sensitive areas." The Mill Creek URA Plan states that its purpose is to "facilitate the implementation of the Salem Regional Employment Center Master Plan and Development Strategy (Master Plan)." The projects that are listed in the Mill Creek URA Plan specify the public infrastructure necessary to accommodate development on the "project sites" illustrated in the Master Plan, included as Exhibit A of the Mill Creek URA Plan. Installation of the silt fence complies with the goals and objectives of the Mill Creek URA Plan by ensuring that the project sites remain available for high quality development in the areas identified by the Master Plan. Sufficient budget authority exists within the FY adopted budget for the Mill Creek Industrial park URA to fund the fence. If approved, the $80,000 of funds will come from $2,020,540 currently allocated for future, unspecified pr eets:, Attachments: 1. Mill Creek URA Map Ward 3 SEMCA To Management Analyst

3 SCALE IN FEET II II! ' I<: '-z'{ \.../< \"v "" 0 LEGEND,_..., MCCC BOUI'\IDARY!lll! OPEN SPACE \H:;tr \, Base map provided by Group MacKenzie, 2010 Development Plan Streaked Homed Lark Biological Assessment - For Mill Creek Corporate Center; Salem, Oregon I "2" I 0 I ;;:: m z -l Pacific Habitat Services, Inc WCoiml<rcacttie,Sulboi131JOregon97llro Phone:(503)S7o-o&Ml Fa>:(503) 2M X."\Project Directcries\S800\SS09 Streaked Hcm!!d Lar1<\AutcCAD\Rg2 OevPian.dwg, 2,/24/20161:53:56 PM

4 March 14, (a) RESOLUTION NO URA A RESOLUTION AMENDING THE MILL CREEK INDUSTRIAL PARK URBAN RENEWAL AREA TO EXPAND THE EXISTING STORMWATER AND WETLANDS MITIGATION PROJECT V(D) TO ALLOW FOR CERTAIN PREDEVELOPMENT ONSITE IMPROVEMENTS IN PHASE 1A OF THE MILL CREEK CORPORATE CENTER Whereas, the Mill Creek Industrial Park Urban Renewal Area Plan (the "Plan") was adopted on April11, 2005, and last amended on March 25, 2013; and Whereas, Section V of the Plan specifies the projects contained in the Plan; and Whereas, Section V(D) sets forth the "Stormwater and Wetlands Mitigation" Project (the "Project"), which includes both stormwater infrastructure improvements and wetlands mitigation projects at various locations within the Mill Creek Corporate Center; Whereas, The Streaked Horned Lark was listed as threatened, and critical habitat was designated, under the Federal Endangered Species Act in In 2015, a survey identified the presence of Streaked Horned Larks (Lark) on the Mill Creek Corporate Center in the vicinity of the Mill Creek Parkway and Phase IA. The Mill Creek Corporate Center's Biological Assessment has been updated to address the presence of the Lark and to mitigate any future potential impacts to the Lark. As a part of mitigation proposed in the revised Biological Assessment, the Oregon Department of Administrative Services ("DAS") has committed $37,000 to continue Streak Horned Lark research at the Herbert Farm in Corvallis, Oregon, through 2018; and Whereas, the Lark is attracted to large open spaces of land with little vegetation such as the undeveloped industrial sites at the Mill Creek Corporate Center; and Whereas, the installation of silt fencing within such undeveloped industrial sites discourages the Lark from nesting there; and Whereas, the Board of the Urban Renewal Agency of the City of Salem (Board) desires to amend the Plan to modify the Project to add the installation of silt fencing on Phase 1A of the Mill Creek Corporate Center; and Whereas, silt fencing is intended to disrupt the large open nature ofthe Phase 1A site and discourage Strealced Horn Larks from nesting on the site prior to and during potential construction activity; and Whereas, the amendment is consistent with the goals and objectives of the Plan to stimulate the development of a broad mix of compatible employment uses within the area, and to promote high quality development that preserves and protects the area's natural amenities and environmental sensitive areas; and Resolution 16-2 URA 1

5 Whereas, the amendment does not add a cost of more than ten percent of the total indebtedness identified in the Plan and is therefore a "Minor" amendment to the Plan; Whereas, a Minor amendment may be adopted by a resolution of the Urban Renewal Agency Board. NOW, THEREFORE, THE BOARD OF THE URBAN RENEWAL AGENCY OF THE CITY OF SALEM, OREGON, RESOLVES AS FOLLOWS: Section 1: Section V(D) "Stormwater and Wetlands Mitigation" Project is hereby amended as set forth below (new text is indicated by double underline): D. Stormwater and Wetlands Mitigation 1. Phase lb & 1 C Stormwater Improvements Connect stormwater discharge from Phase lb and Phase 1 C to the DPSST system. 2. Central Open Space and Stormwater Detention Develop Central Wetlands and Stormwater Detention site. 3. Southern Open Space and Stormwater Detention Develop Southern Wetlands and Stormwater Detention site. 4. Phase la Predevelopment Improvements Silt Fencing to nrotect threatened Streak Horned Lark from development activities Section 2: Effective Date. This resolution is effective upon adoption. ADOPTED by the Urban Renewal Agency Board this 14th day of March, ATTEST: Checked by: A. Gorski Clerk of the Agency Approved by City Attorney: Resolution 16-2 URA 2