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Oregon City Commission approves stormwater fee reimbursement for Abernathy Creek property
Summary
The Oregon City Commission voted to reimburse a property owner for municipal stormwater fees back to the property purchase date after the owner demonstrated stormwater was not entering the city system. Commissioners debated how far back exemptions should apply and whether a code change is needed to standardize look-back periods.
Oregon City commissioners voted on Oct. 1 to reimburse stormwater fees for a property draining to Abernathy Creek back to the buyer’s purchase date after the owner demonstrated the site’s stormwater does not use the city system.
The item drew extended discussion about whether exemptions should be processed like utility billing corrections (which commonly allow up to six months of retroactive adjustment when a date cannot be established), or whether a different approach is required for formal exemptions. The commission approved the owner’s request to have the exemption applied to the property purchase date; the motion passed with two votes in favor and one opposed.
City staff told commissioners the municipal code allows property-level fee exemptions when “none of the stormwater on a site is entering a public facility” and that the requested exemption would normally be effective as of the exemption application date. Staff reported a range of precedents: a prior Living Hope Church matter had been handled with a deeper look-back, and the commission at that time ultimately approved reimbursement back to 2008. City Attorney Kebeseman noted contractual claims carry a six-year statute of limitations, which some commissioners discussed when weighing how far back to reimburse.
Commissioners pressing the issue focused on fairness, precedent and environmental protection. Commissioner Mike Mitchell argued for consistency with prior commission decisions and practice; Commissioner Rocky Smith supported reimbursing to the purchase date; Mayor Denise McGriff opposed going back to the purchase date and favored reimbursing to the date the city was first notified. Commissioners also raised concerns about on-the-ground impacts to Abernathy Creek from ongoing site activity and whether state regulators (DEQ) can compel remediation.
City staff clarified timeline details submitted by the applicant: the commission was informed the property purchase date was June 6, 2023, and that the owner's initial exemption request had been submitted in November (year not specified in the record). After discussion the commission voted: Commissioner Mike Mitchell — Aye; Commissioner Rocky Smith — Aye; Mayor Denise C. McGriff — No. The motion passed.
The commission asked staff to return with clearer, code-level guidance for how look-back periods should be handled for stormwater exemptions and similar fees so future cases are applied consistently.
The action applies only to the Abernathy Creek property named in the application and does not itself amend city code. Staff said they will prepare options for a future code amendment clarifying look-back periods and administrative procedure for exemptions.
