information
Memorial Day closure

Most City of Portland offices will be closed Monday, May 27, in observance of Memorial Day.

191456

Ordinance

Amend the local improvement district boundary and create a new assessment zone for the NE 46th Ave and Bryant St Local Improvement District to construct stormwater improvements on NE 42nd Ave and on NE Columbia Blvd (C-10065)

Passed

The City of Portland ordains:

Section 1.  The Council finds:

  1. The Council adopted Resolution No. 37394 on November 7, 2018 initiating local improvement district formation proceedings for the NE 46th Avenue & Bryant Street Local Improvement District (LID).  No part of the record of Resolution No. 37394 shall be considered a remonstrance against amendment of the NE 46th Avenue & Bryant Street LID for purposes of Section 17.08.070 of City Code, nor for purposes of Section 9-403 of the City Charter
  1. The Council adopted Ordinance No. 189347 on January 16, 2019 forming the NE 46th Avenue & Bryant Street LID and establishing the amount of the LID at $11,634,244.  No part of the record of Ordinance No. 189347 shall be considered a remonstrance against amendment of the NE 46th Avenue & Bryant Street LID for purposes of Section 17.08.070 of City Code, or for purposes of Section 9-403 of the City Charter.
  1. The Council adopted Ordinance No. 189681 on September 4, 2019 authorizing the design and construction of bus pullouts at the NE 47th Avenue & Columbia Blvd. intersection in both the westbound and eastbound directions. 
  1. An Extra Work Agreement with the Tri-County Metropolitan Transportation District of Oregon for design of bus pullouts was executed on November 5, 2020 under the authority of Ordinance No. 189681, which increased the amount of pending lien #165151 by $39,710 and is attached as Exhibit A.
  1. An Extra Work Agreement with the Tri-County Metropolitan Transportation District of Oregon for construction of bus pullouts was executed on February 28, 2023 also  under the authority of Ordinance No. 189681, which further increased the amount of pending lien #165151 by $582,906 and is attached as Exhibit B.
  1. This proposed amendment to the LID would add 22 additional properties to the LID boundary as shown in the map in Exhibit C and in the apportionment worksheet in Exhibit D and would further increase the combined total of pending liens by $1,269,240 to $13,526,100 and the total cost of the LID to $15,675,671.
  1. The Bureau of Environmental Services (BES) requested the assistance of the Local Improvement District Administrator on April 7, 2022 to explore an endpoint stormwater treatment solution for all of the currently known drainage to Outfall #73A.  A stormwater treatment vault was designed as an endpoint treatment solution for all of the currently known drainage to an existing outfall to the Columbia Slough.  A BES memorandum on the proposed LID amendment is attached as Exhibit E.
  1. New Assessment Zone ‘D’ would be created for stormwater improvements and does not relieve properties newly proposed for inclusion in the NE 46th Avenue & Bryant Street LID from the obligation to construct future street and sidewalk improvements.  However, new stormwater improvements would serve the drainage basin of these properties and would treat all stormwater drainage from both private property and the public right-of-way with one joint system. This system will be sized for all current impervious area so that if and when the private properties develop, they would not be required to install their own facilities because stormwater would already be managed by the joint system.
  1. The United States Congress passed Public Law 92-500 on October 18, 1972, commonly known as the Clean Water Act (CWA).
  1. A Record of Decision (ROD) was issued in 2005 by the Oregon Department of Environmental Quality (DEQ) for the Columbia Slough that presented a selected remedial approach for addressing contaminated sediment in the 31 miles of waterway extending from Fairview Lake to the Slough’s confluence with the Willamette River (DEQ, 2005). The remedial approach was developed consistent with Oregon Revised Statutes (ORS) 465.200 and Oregon Administration Rules (OAR) Chapter 340, Division 122.
  1. The 2005 ROD identifies the City of Portland (at that time under a Consent Order No. ECSR-NWR-93-09 with DEQ) as a potential responsible party with obligations for upland source identification and source control in municipal drainage basins.
  1. The City entered into a five-year intergovernmental agreement (IGA) with DEQ per the passage of Ordinance No. 180036 by Council on March 29, 2006 to carry out its remedial action obligations described in the 2005 ROD.
  1. The IGA was renewed with the passage of Ordinance No. 184139 by Council on September 29, 2010; again with the passage of Ordinance No. 187510 by Council on December 16, 2015; and once again with the passage of Ordinance No. 190192 on November 4, 2020.
  1. As part of the obligations outlined in the IGAs, the City has agreed to treat stormwater runoff from selected City-owned roadways using green streets, planters, underground vaults or manufactured stormwater treatment technologies (MSTTs), underground injection control (UIC) facilities; or other appropriate stormwater treatment facilities in accordance with the City’s Stormwater Management Manual (SWMM).
  1. The Bureau of Environmental Services (BES) completed the Final Columbia Slough Outfalls Pre-Design document in December 2013 (BES Project #E08380) which identifies stormwater treatment facilities that will reduce pollutants entering the Slough from City roadways that have high traffic volumes, serve commercial and industrial land uses, or for other reasons, are likely to have elevated pollutant loads. The report identifies Outfall Basin 73A as being one of the highest priority outfalls for treatment identified by DEQ due to the basin’s industrial land use, drainage of major roadways (Columbia Blvd and NE 42nd Ave), and the outfall’s proximity to a sediment cleanup area identified by DEQ within Whitaker Slough. Accordingly, a Bureau capital improvement project (E10626) was proposed for Basin 73A. The 2021 IGA per Ordinance No. 190192 identifies a scope of work prioritizing design and construction of approved CIP projects for outfalls discharging in areas identified by DEQ for sediment remediation.
  1. In addition to installing stormwater treatment within its own conveyance systems, BES conducts and enforces source control measures for private facilities that discharge to the municipal stormwater system or directly to surface waters. Notably, pursuant to the City’s MS4 Permit and IGA between the City and State (No. 30001293), BES through its Industrial Stormwater Division administers DEQ NPDES 1200-A and 1200-Z Industrial Stormwater General Permits including reviewing permit applications, conducting site inspections to ensure compliance, providing technical assistance to identify additional activities and best management practices to minimize pollutants in stormwater, and issuing City Code enforcement actions for prohibited discharges to the municipal storm system. The totality of these CIP projects and programmatic actions are essential for meeting the requirements of the City’s MS4 and Cleanup agreements with DEQ.
  1. The Bureau of Environmental Services (BES) complies with CWA by holding a National Pollutant Discharge Elimination System (NPDES) Permit issued in 1995. Conditions of the permit required that stormwater quality be addressed Citywide to the maximum extent practicable through the application of best management practices (BMPs), and the proposed stormwater scope addition to the NE 46th & Bryant LID achieves to implement a comprehensive stormwater treatment and management solution to protect the nearby Columbia Slough.
  1. Point sources regulated by NPDES) include industrial facilities and municipal governments.  Industrially zoned properties newly proposed for inclusion in the NE 46th & Bryant LID will pay a fixed cost of $12,220 per property reflecting the cost of designing and constructing a minim size stormwater planter facility of 300 square feet.  Industrially zoned properties will also pay a variable cost of $3.73 per square foot of assessable area applied to the lesser of actual property square footage or twice the median assessable square footage of all properties proposed for inclusion in Assessment Zone ‘D’ for a total of $1,269,240 net of $961,259 in BES funding.
  1. Notices of the September 13, 2023 LID hearing were posted within the NE 46th Avenue & Bryant Street LID on August 30, 2023.
  1. The LID Administrator published notice of the September 13, 2023 LID hearing in the Daily Journal of Commerce on August 28, 2023 and on August 30, 2023.
  1. The general character and scope of the NE 42nd Avenue improvement is unchanged from Finding No. 6 of Ordinance No. 189347; the improvement on the north side of NE Columbia Blvd. is unchanged from Finding No. 7 of Ordinance No. 189347; the NE 46th Avenue improvement is unchanged from Finding No. 8 of Ordinance No. 189347; and the NE Bryant Street improvement is unchanged from Finding No. 9 of Ordinance No. 189347.  New stormwater facility improvements will be constructed on NE 42nd Avenue and on the south side of NE Columbia Blvd. to benefit properties in new Assessment Zone ‘D’. 
  1. The boundary of the NE 46th Avenue & Bryant LID shall include the properties as shown in Exhibit C.
  1. The LID Administrator’s estimated cost of designing, constructing and financing the improvements is $15,675,671 as shown in Exhibit F.  The LID Administrator’s estimate is based on Exhibit E of Ordinance No. 189347 plus the Engineer’s Estimate for new stormwater improvements as contained in Exhibit G, and the cost of bus pullouts.  The LID Administrator’s level of confidence in the cost estimate for this project as of the filing date of this Ordinance is “Low” per Exhibit A of Resolution No. 36430 adopted by Council on July 26, 2006 given that project specifications are preliminary.
     
  2. The estimated amount of the future assessment for the NE 46th Avenue & Bryant Street LID is $13,526,100 including:
     
    1. $12,256,860 for Assessment Zones ‘A’, B’ and ‘C’ for street, sidewalk and traffic signal improvements, bus pullout improvements, and stormwater improvements for the LID as originally scoped; and
       
    2. $1,269,240 for Assessment Zone ‘D’ for new stormwater improvements on NE 42nd Avenue.
       
  3. Assessment Zone ‘A’ will pay 100% of costs up to $162,099; Assessment Zone ‘C’ will pay 100% of LID costs between $162,099 and $2,623,873 for a total of $2,461,774; and Assessment Zone ‘B’ will pay LID costs of $3,893,113 or greater for a total of $9,632,987.  Additional funding is being provided by the Portland Bureau of Transportation (PBOT) in the amount of $1,188,312.24 for overhead costs excluding the work benefiting Assessment Zone’ D’; this funding is not proposed to increase. 
  4. Assessment Zone ‘D’ will pay for stormwater costs of $1,269,240.  Additional funding is also being provided by the Bureau of Environmental Services in the amount of $961,259 for work benefiting Assessment Zone ‘D’.  PBOT is not contributing overhead costs for these new stormwater improvements.
  1. The LID Administrator has analyzed the financial feasibility of the NE 46th Avenue & Bryant Street LID and has made a finding that the collective bonding capacity of benefiting properties is sufficient so as to minimize the City’s financial risk associated with this project.
  1. The remonstrance level is evaluated in Exhibit D.  Council retains jurisdiction over the major scope change amendment of the NE 46th Avenue & Bryant Street LID because the total remonstrance level is less than the 60% threshold established by Section 9-403 of the City Charter.
  1. The parcels of land within the NE 46th Avenue & Bryant Street LID will receive special benefit from the project in the amounts set forth in Exhibit D.
  1. The Council has considered the remonstrances made by the owner of properties to be benefited by the NE 46th Avenue & Bryant Street LID project, and adopts the summary of remonstrances and findings as set forth in Exhibit H.
  1. Passage of this Ordinance provides assurance of performance per Section 17.24.055 of City Code for:
     
    1. Frontage improvements to both sides of NE 42nd Avenue from the north right-of-way line of NE Columbia Blvd. to 320 feet north, with the exception of future frontage improvements identified in Finding 32a; and
       
    2. Frontage improvements to the north side of NE Columbia Blvd. from the east right-of-way line of NE 42nd Avenue to the west right-of-way line of NE 46th Avenue; and
       
    3. Frontage improvements to both sides of NE 46th Avenue from NE Columbia Blvd. to the south property line of 7039 NE 46th Avenue, with the exception of future frontage improvements identified in Finding 32c; and
       
    4. Frontage improvements to NE Bryant Street, with the exception of future frontage improvements identified in Finding 32e; and
       
    5. Stormwater improvements for the properties newly-included in Assessment Zone ‘D’.
       
  2. Passage of this Ordinance does not provide assurance of performance per Section 17.24.055 of City Code for:
     
    1. Sidewalk and street tree improvements to the west side of NE 42nd Avenue from NE Columbia Blvd. to 320 feet north; nor
       
    2. Street, sidewalk and street tree improvements to NE 42nd Avenue north of 320 feet north of NE Columbia Blvd.; nor
       
    3. Sidewalk and street tree improvements to the east side of NE 46th Avenue from NE Columbia Blvd. to the south property line of 7039 NE 46th Avenue; nor
       
    4. Sidewalk and street tree improvements to the south side of NE Columbia Blvd. from NE 42nd Avenue to NE 46th Avenue; nor
       
    5. Sidewalk and street tree improvements to the south side of NE Bryant Street.
  1. Assessments for LIDs are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.
  1. Pursuant to City Code, assessment for the NE 46th Avenue & Bryant Street LID will be imposed by a separate and subsequent ordinance.

NOW, THEREFORE, the Council directs:

  1. The NE 46th Avenue & Bryant Street LID is hereby amended as shown in Exhibit C and the NE 46th Avenue & Bryant Street LID includes the properties to be benefited in the amounts identified in Exhibit D.
  2. Assurance of performance for properties identified in Exhibits C and D is provided upon Council passage of this Ordinance per Section 17.24.055 of City Code subject to the limitations of Finding No. 32 of this Ordinance.
  3. The property owners' estimated share of costs is as shown in Exhibit D.  Costs for any necessary utility relocation shall be allocated per Subsection 17.16.100 of City Code as well as per the Final Procedures for Allocation of Utility Relocation Costs adopted on June 5, 2002
  4. The City Engineer shall prepare plans and specifications for the improvement
  5. Properties shall be assessed on a square footage basis in four (4) assessment zones.
  6. Procurement Services within the Bureau of Revenue and Financial Services shall advertise for bids, prepare a contract, and award the contract through a competitive bid process.  The improvements may be constructed in whole or in part by the City of Portland, or the City of Portland may seek bids for any portion of the NE 46th Avenue & Bryant Street LID project.  The manner in which the improvements are constructed is at the sole discretion of the City Engineer.
  7. The Bureau of Revenue & Financial Services shall obtain interim financing to pay for NE 46th Avenue & Bryant Street LID project costs prior to bonding.
  8. The Bureau of Revenue & Financial Services shall increase the amount of Pending Lien No. 165851 to reflect the execution of two (2) Extra Work Agreements as contained in Exhibits A and B, and shall create new pending lien records for properties newly included in Assessment Zone D in the amounts as shown in Exhibit D.
  9. PBOT is authorized to incur expenditures for this project per Finding No. 23 and Exhibit F, and the Bureau of Revenue & Financial Services is authorized to reimburse such expenditures from the LID Fund.
  10. The LID Administrator is authorized to negotiate Extra Work Agreements to finance, design and construct frontage improvements for properties within the LID boundary beyond the project limits identified in Finding No. 31 of this Ordinance without a hearing per Section 17.08.080 of City Code provided that:
    1. The City Engineer has determined the additional work to be technically feasible; an
    2. An Extra Work Agreement for properties or properties abutting the additional improvement been approved as to form by the City Attorney.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

  • Adds new stormwater Assessment Zone ‘D’ to the NE 46th & Bryant LID at request of BES.

Financial and Budgetary Impacts

  • Adds $1,269,240 in additional LID funding and $961,259 in additional BES funding to the project.
     
  • Total budget for T00872 will be $15,675,671 including $13,526,100 in LID resources and $1,188,312 in PBOT overhead approved by Council at LID formation (no change) and $961,259 in new BES funding.
     
  • This ordinance allows the project plans to be finalized with new stormwater facilities on NE 42nd Avenue.

Community Impacts and Community Involvement

  • All property owners in the LID as currently formed were notified of the change.
     
  • All property owners in the LID in the proposed new Assessment Zone ‘D’ were notified of the change after outreach from BES.

100% Renewable Goal

N/A

Budget Office Financial Impact Analysis

This action adds an additional assessment zone for the NE 46th Ave and Bryant St. Local Improvement District to allow for new storm water facilities on NE 42nd Ave. That amended LID adds $1,269,240 in LID funding and $961,259 funded by BES. PBOT's overhead contribution of $1,188,312 is unchanged by the amendment.

Agenda Items

Passed to second reading

Passed to second reading September 20, 2023 at 9:30 a.m.

Passed

  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Dan Ryan Yea
  • Commissioner Carmen Rubio Yea
  • Mayor Ted Wheeler Absent

Contact

Andrew Aebi

LID Administrator & Project Manager, PBOT

Paul Suto

Environmental Services, Chief Engineer

Requested Agenda Type

Regular

Date and Time Information

Requested Council Date