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Commission affirms denial of stormwater-fee exemption for 302 Bluff Street, final findings to be adopted Sept. 2
Summary
The commission tentatively affirmed Public Works Director Dana Webb's denial of a stormwater-fee exemption for 302 Bluff Street because the application lacked required technical documentation; commissioners voted to affirm the denial with final written findings to be returned for formal adoption on Sept. 2.
The Oregon City Commission on Aug. 5 voted to affirm the public-works director's administrative denial of a request for a stormwater-fee exemption for property at 302 Bluff Street, with final written findings to be prepared and adopted at the Sept. 2 commission meeting.
Public Works Director Dana Webb told the commission the denial rested on two criteria in effect at the time of the application (OCMC 13.16.100): that the public storm-drain system does not receive stormwater from the property and that the applicant provide evidence of legal disposal of stormwater to a private retention system, private storm drain, public water body or other receiving facility. Webb said the applicant's June submission contained topography information but did not include technical documentation—no infiltration testing or soil-type reports—required to show that an infiltration disposal method would be appropriately sized and located. "So no evidence of legally approved private retention or stormwater system was provided and the required technical documentation related to infiltration was not included," Webb said.
The applicant, James Necito, told commissioners he lives in Oregon City and that he had included documentation in written submissions and was available to answer questions. Commissioners, after reviewing the materials in the record, said they did not find evidence that one of the listed disposal systems existed on the property and expressed concerns about missing technical documentation. Commissioner Mike (speaking in deliberation) said the language in 13.16.100 "shall include evidence of a legal disposal" and that the record did not meet that standard.
City Attorney Carrie Richter recommended the commission make a tentative decision at the Aug. 5 meeting and return with formal written findings for adoption. The commission moved to affirm Director Webb's decision to deny the exemption and directed staff to prepare formal findings for the Sept. 2 meeting. The roll-call vote to affirm the denial was unanimous.
Separately, Richter addressed a bias challenge asking whether Mayor McGriff should recuse; the mayor affirmed she could set aside personal connections and participate. The commission proceeded with the hearing and deliberation.
