passed ordinance

*Authorize Intergovernmental Agreement between Metro and Bureau of Environmental Services for natural area acquisition at 15504 SE Martins St

infrastructure utilities
parks recreation
iga

Department: Environmental Services
Introduced by: Former Commissioner Mingus Mapps
Status: Passed

Impact statement

Purpose & background

The City has an opportunity to acquire a property located in the Johnson Creek Floodplain and Headwaters Target Area from a willing-seller owner. Acquisition of the Property would allow the City to protect and restore approximately 1.7 acres and 140 feet on both banks of Johnson Creek and allow the City to remove structures within the floodplain of Johnson Creek. Metro would like to help with this acquisition by providing funding for the purchase price. The IGA spells out the conditions that BES must meet in order to be eligible for this funding. BES currently owns or holds an easement over 23.7 acres in the Lower Powell Butte Floodplain area. This includes almost 2,105 feet of Johnson Creek. The Gates property is a key link in the chain of properties that BES owns. The property would be “land-banked” until a restoration project can be designed and constructed. See Exhibit B for a map of the LPBF area.

Financial impacts

BES will be responsible for all the due diligence costs, including an appraisal, survey, lot line adjustment, and the Phase 1 environmental assessment. The total cost for due diligence is estimated to be $35,000. These funds are currently available in Watershed O&M’s budget for FY 2023-24. Per the IGA, Metro will provide up to $400,000 to cover the purchase price and closing costs. BES will be the sole owner of the property and will be responsible for the stabilization and annual maintenance of the property. Stabilization will include removal of the house (located in the floodplain) and installation of a gate at the entrance and is estimated to be about $50,000. Watershed O&M would be responsible for the annual operations and maintenance of the site which is budgeted at $1000 per year.

Community impacts

This is a willing seller purchase. The landowner called staff at BES to see if there was interest. Acquisition of this property will have little to no impact on the neighboring properties. There are four residences along this section of SE Martins St. The Bureau of Environmental Services owns properties all along this section of Johnson Creek. The neighbors are aware of these conserved properties, and many know the BES staff that work on these properties. Demolishing the house on this property will be a long-term benefit for the community, by removing a house that has been flooded several times. Removal of houses in the floodplain reduce FEMA flood insurance rates. This property is an important link with the other City-owned properties thus creating a large enough block of land to be able to implement a restoration project along this stretch of Johnson Creek.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: The Bureau of Environmental Services (BES) and Metro often work together to acquire property and conservation easements to protect and restore natural areas and floodplains and improve water quality. Metro and BES would like to acquire a portion of the property located at 15504 SE Martins St., also referred to as Property ID R282531 (the Gates Property). The Gates Property is located in Johnson Creek’s Lower Powell Butte Floodplain (LPBF), within Priority Project Area 6 identified by the Johnson Creek Restoration Plan. Objectives for this priority area are to acquire frequently flooded properties near the stream, reconnect the floodplain, restore riparian habitat, and protect tributaries and confluences. The Gates Property includes approximately 140 linear feet of mainstem Johnson Creek and riparian area, several small wetlands, and a mature and healthy western red cedar and Douglas fir tree stand. See Exhibit B for a map of the LPBF area. The Gates Property will be subject to a lot line adjustment that will reduce the size of the property to 1.7 acres. The remaining 0.3 acres will become part of tax lot 700. Metro and BES wish to cooperate in the acquisition and management of the Gates property to protect the creek, riparian area, woodlands, and wetlands. The agreement in Exhibit A will establish the responsibilities and obligations of Metro and BES with respect to acquisition, management, maintenance, and operation of the Gates Property. Metro will be contributing the majority of the purchase price, while BES will be responsible for the due diligence costs, stabilization and maintenance. NOW, THEREFORE, the Council directs: That the BES Director is authorized to execute an agreement with Metro in a form similar to Exhibit A to cooperate in the acquisition and management of the Gates property. That the Commissioner-in-Charge or designee is authorized to execute all acquisition documents and take all other actions necessary to close the transaction on the Gates Property in accordance with the agreement and any amendments thereto. All documents must be approved as to form by the City Attorney prior to execution. That the Mayor and Auditor are hereby authorized to pay up to $150,000 towards the acquisition of the Gates Property, subject to the terms of a purchase and sale agreement authorized by Ordinance No. 183819 and approved as to form by the City Attorney, when demand is presented and approved by the proper authority. Funds are available in the Sewer System Operating Fund, FY 2023-24 Budget, Bureau of Environmental Services, Project # E11626.W65. Metro will be contributing up to $400,000.00 to the purchase, which will occur during FY 2024-25. Stabilization costs estimated to be about $50,000 will occur in FY 2024-25 Budget. Section 2. The Council declares that an emergency exists because the Gates Property is on the market and time is of the essence to complete the purchase and sale; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

5 yea 0 nay