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Assess benefited properties for street, sidewalk and stormwater improvements in the N Burlington Ave and Edison St Local Improvement District (Hearing; C-10057)

Ordinance

The City of Portland ordains:

Section 1. The Council finds:

  1. The Council stated its intent to construct improvements in the N Burlington Avenue and Edison Street Local Improvement District (LID) by the adoption of Resolution No. 37281 on May 3, 2017 declaring its intent to initiate local improvement district formation proceedings and establishing the name of the local improvement district.
  1. The Council approved formation of the N Burlington Avenue and Edison Street LID with the passage of Ordinance No. 188494 on June 28, 2017.
  1. The record related to Council approval of Resolution No. 37281 and Council approval of Ordinance No. 188494 is incorporated into the record of this Ordinance, except that no part of the record of Resolution No. 37281 nor of Ordinance No. 188494 shall be considered an objection to final assessment for purposes of Section 17.08.130 of City Code, nor for purposes of Section 9-405 of the City Charter.
  1. The Council authorized award of the construction contract to Moore Excavation Inc., accepting Bid No. 00001493 on September 16, 2020.  Contract No. 30007442 was also executed on September 16, 2020.
  1. The street improvements to N Burlington Avenue, N Edison Street, N John Avenue and N Willamette Blvd. were substantially complete as of October 31, 2021 as indicated in Exhibit A.
  1. The LID project scope included 880 centerline feet of street, sidewalk and stormwater improvements on North Edison Street in addition to 100 centerline feet of sidewalk improvements on N Burlington Avenue for an LID total of 980 centerline feet.
     
  2. The project also included 558 centerline feet of pavement preservation work not funded by the LID:
    1. 458 feet of N Willamette Blvd. from 36 feet west of N Pittsburg Avenue to the east right-of-way line of N Leavitt Avenue, including a curb realignment of the N Burlington Avenue & Willamette Blvd. intersection realignment and stormwater infrastructure work; and
       
    2. 100 feet of pavement preservation to N Edison St.  from 100 feet east of N Charleston Avenue to the west right-of-way line of N Richmond Ave.The project also included 200 feet of street, sidewalk and stormwater improvements to North John Avenue from the north right-of-way line of N Decatur Street to the south right-of-way line of N Edison Street, also not funded by the LID.
       
  3. A total of 1,638 centerline feet of infrastructure improvements was completed by this project as indicated in Finding No. 6 and Finding No. 7 of this Ordinance.
     
  4. As of the filing date of this Ordinance, the contractor identified in Finding No. 4 of this Ordinance is planning to complete remaining tree well work abutting 8506 N Edison Street and 8522 N Edison Street on or after June 6, 2022.  Urban Forestry identified a project tree quantity of 56 trees on July 16, 2021.  The Bureau of Environmental Services (BES) identified a tree planting time frame on May 27, 2022 for the entire project.  Trees will be planted on or after November 1, 2022 following the tree well work to maximize street tree health and survival.
     
  5. Completion of this local improvement district does not fulfill future frontage improvement requirements for sidewalk improvements to the north side of N Edison Street from the east right-of-way line of N Burlington Avenue to the west right-of-way line of N Leavitt Avenue.
     
  6. Completion of this local improvement district also does not fulfill future frontage improvement requirements for street, sidewalk and stormwater improvements to N Charleston Avenue from the north right-of-way line of N Edison Street to the south right-of-way line of N Willamette Blvd.
     
  7. Completion of this local improvement district also does not fulfill future frontage improvement requirements for street, sidewalk and stormwater improvements to the east side of N John Avenue from the north right-of-way line of N Decatur Street to the south right-of-way line of N Edison Street.
     
  8. Completion of this local improvement district also does not fulfill future frontage improvement requirements for staircase, lighting, street, sidewalk and stormwater improvements to N John Avenue from the north right-of-way line of N Edison Street to the south right-of-way line of N Willamette Blvd.
     
  9. The total cost of the project is $2,514,265 as shown in Exhibit B based on amounts in Exhibit C.  The property owner’s share for this project is $1,294,230 which is a decrease of $206,381 or 13.8% below the amount estimated at LID formation. 
     
  10. Additional funding was provided by the Portland Bureau of Transportation in the amount of $1,023,182 comprised of the following funding sources:
     
    1. $90,000 in General Transportation Revenue for direct costs for pavement preservation of N Edison Street from 100 feet west of N Charleston Avenue to the east right-of-way line of N Richmond Avenue; and
       
    2. $353,770 in General Transportation Revenue for overhead costs; and
       
    3. $579,412 in Transportation System Development Charge (TSDC) funding.
       
  11. Additional funding was provided by the Bureau of Environmental Services (BES) in the amount of $133,164 for direct costs of stormwater improvements to the N Burlington & Willamette intersection plus $63,689 of in-kind funding for tree planting and establishment on N Burlington Avenue, N Edison Street, N John Avenue and N Willamette Blvd. per Findings No. 6, 7 and 8 of this Ordinance for a total of $196,853 in BES funding.
     
  12. The Revenue Bureau mailed notice of the June 22, 2022 final assessment hearing to the owners of benefited properties within the local improvement district on June 1, 2022. The benefited properties are legally described based on Multnomah County property tax records as of the filing date of this Ordinance.  The property owners were notified of the time and location of the final assessment hearing conducted by the Council; the total project costs, the deadline and procedure for filing objections to the final assessment of the local improvement district; and the amount of the proposed final assessment on benefited properties as set forth in Exhibit D.  The deadline to file objections to final assessment was at 5:00 PM on June 15, 2022.
     
  13. The properties are specially benefited in the amounts shown in the assessment roll in Exhibit D and the apportionment worksheet in Exhibit E.
     
  14. The Local Improvement District Administrator submitted for publication two notices of the local improvement district final assessment hearing in the Daily Journal of Commerce on June 6, 2022 and on June 8, 2022.
     
  15. The Council has considered any and all objections made by owners of the benefited properties.  The Council accepts the summary of objections and findings as set forth in Exhibit F and adopts these findings as its own.
     
  16. This Ordinance provides for assessment of benefited properties for local improvements.  Assessments for local improvements are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.
     
  17. In the event of any finding or any directive within this Ordinance conflicting with any prior Council action involving this local improvement district, the finding or directive within this Ordinance shall prevail.
     
  18. The Local Improvement District Administrator’s level of confidence in the cost estimate for this project is “High” per Exhibit A of Resolution No. 36430 adopted by City Council on July 26, 2006 because the project is complete.

NOW, THEREFORE, the Council directs:

  1. That any and all objections received are overruled and the assessment roll contained in Exhibit D and the apportionment worksheet contained in Exhibit E of this Ordinance are hereby approved and adopted.
     
  2. The Revenue Bureau to enter the assessments as shown in Exhibit D in the Docket of City Liens.
     
  3. The Revenue Bureau to mail final assessment notices to owners of benefited properties as set forth in Exhibit D based on the amounts identified in Exhibit E.
     
  4. The Local Improvement District Administrator to calculate increased property tax increment of properties assessed by this LID for a 20-year period following Council passage of this Ordinance pursuant to Resolution No. 37205 approved by Council on April 20, 2016.
     
  5. BES to plant trees with a quantity currently estimated at 56 on or after November 1, 2022 pursuant to a PBOT-BES memorandum of understanding executed on August 27, 2020.

Impact Statement

Purpose of Proposed Legislation and Background Information

  • This legislation imposes final assessment and closes out the N Burlington Avenue & Edison Street LID.

Financial and Budgetary Impacts

  • Total project cost is $2,514,265.
     
  • The final assessment for the core LID is in the amount of $1,294,230 which is 13.8% below the amount estimated in 2017 prior to LID formation.

  • Non-LID funding has been provided by BES in the amount of $196,853 to defray the cost of building new stormwater infrastructure and also including in-kind funding for planting and establishment of street trees.
     
  • PBOT’s project costs are $1,023,182 including General Transportation Revenue (GTR) of $90,000 for pavement preservation for transition improvements to the easternmost 110 feet of N Edison Street approaching N Richmond Avenue, and $353,770 for absorption of overhead costs; and $579,412 in Transportation System Development Charge (TSDC) funding for N John Avenue and N Willamette Blvd improvements. 

  • Each $1.00 of LID funding leveraged $0.95 in City funding.

  • The LID is being closed out in advance of issuing a certificate of completion to the contractor to avoid delays to final assessment.

Community Impacts and Community Involvement

  • Exploration of a possible LID began in June 2016.  An LID petition process commenced in June 2017 resulting in majority petition support in April 2017.
     
  • City Council exercised its prerogative during the LID formation process to expand the LID to the east to include properties without existing sidewalk in response to testimony in favor from newly-included property owners.
     
  • Creative engineering minimized tree removal on N John Avenue, while also providing positive stormwater drainage for N Edison St., which prior to LID formation used to cause adverse impacts; e.g., a basement apartment was flooded shortly after remodeling.
     
  • This LID and accompanying pavement preservation funding resulted in the entire portion of N Edison Street between two neighborhood collectors (N Burlington Avenue on the west and N Richmond Avenue on the east) being improved in the Cathedral Park neighborhood.
     
  • This project also built half street improvements to N John Avenue between N Decatur Street and N Edison Street using SDC funding, which allows for a significantly improved street network when the block bounded by N Decatur Street, N Crawford Street, N John Avenue and N Charleston Avenue is developed in the future.

  • This project represents a Portland Bureau of Transportation (PBOT) partnership with two (2) infrastructure bureaus, the Bureau of Environmental Services (BES), and the Portland Water Bureau (PWB), which are contributing LID funding as a consequence of property ownership.  The geographic location of the BES and PWB properties in the middle of N Edison Street between N Burlington Avenue and N Richmond Avenue would have made the improvements physically impossible and financially infeasible for nearby residential property owners without PWB and BES participation in the LID.

100% Renewable Goal

Not applicable. 

Agenda Items

566 Regular Agenda in June 22, 2022 Council Agenda

Continued

Continued to June 22, 2022 at 2:00 p.m.

571 Regular Agenda in June 22, 2022 Council Agenda

Passed to second reading

Passed to second reading June 29, 2022 at 9:30 a.m.

595 Regular Agenda in June 29-30, 2022 Council Agenda

Passed

  • Commissioner Dan Ryan Yea
  • Commissioner Jo Ann Hardesty Absent
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Mayor Ted Wheeler Yea

Contact

Andrew Aebi

Local Improvement District Administrator & Project Manager

Requested Agenda Type

Regular