Keizer City Council on Monday voted to impose a 180-day moratorium on city orders requiring removal of homeowner-built crossings over vegetative stormwater swales on Lydia Avenue and nearby streets, directing staff to work with residents on viable, code-compliant solutions.
The council’s action followed sustained public comment from neighbors who said the swales—shallow, planted stormwater facilities installed with subdivisions—have eroded, become obscured by overgrown vegetation and created a hazard for people stepping from parked cars or walking along the curb. “The swales are about 18 to 24 inches deep,” said resident Steve McCarthy during public comment, adding that his relative “put a tooth through her lip and damaged her knee” after stepping into a swale.
City Attorney told the council the vegetative stormwater facilities are part of the city’s stormwater conveyance infrastructure and that unpermitted alterations are currently prohibited: “It is against the city code to alter the conveyance system,” he said. He and staff said the city must balance resident safety concerns with state stormwater requirements and potential liability if the city were to approve ad hoc crossings that affect the system’s performance.
Council president Shaney Starr moved the measure, asking staff to institute a moratorium not to exceed 180 days, to “work with the residents to develop viable solutions,” and to initiate a risk assessment through the city’s insurance pool, CIS. The motion passed 6–0 with Councilor Parsons recusing himself because he lives on the street.
At the meeting, homeowners said some residents had built simple plank crossings to create a safe step from cars to sidewalks; the city subsequently issued notices asking those crossings be removed. Residents asked the council both for an extension on removal deadlines and for staff to explore engineered alternatives that would preserve the swales’ water-quality function. “We understand the environmental impacts,” said Howard Robertson, who asked for an extension so the council could review examples from other communities. “We’re here to find a solution for the safety of our friends and neighbors.”
City staff said the swales were installed in 2015 as part of subdivision stormwater systems and that maintenance and design standards have evolved since then; staff also said some targeted repairs already have been completed in recent years. The city committed to work with the neighborhood, review alternative crossing designs, examine contractor performance for swale vegetation maintenance, and return to council with options and a proposed timeline before the moratorium expires.
The council’s motion also directs staff to coordinate with state regulators and to evaluate liability and design standards so any approved solution would meet public-rights-of-way and stormwater-permitting requirements. The council did not set a permanent policy at Monday’s meeting; staff will present recommended options to council before the moratorium ends.
For residents, the immediate effect is a pause on enforcement of removal orders for homeowner crossings for up to 180 days and a commitment from the city to collaborate on alternatives that address both safety and stormwater treatment.