HomeMy WebLinkAboutItem 3-Res.on River Ave.Annex.EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Adoption of Resolution 4811 Furthering Annexation to the City of Eugene of Three
River Avenue Islands
Meeting Date: September 13, 2004 Agenda Item Number: 3
Department: Public Works Staff Contact: Michelle Cahill
www. cl. eugene, or. us Contact Telephone Number: 682-6855
ISSUE STATEMENT
The council is requested to adopt a resolution initiating the annexation of properties outside the City
limits and within the boundary of the proposed Local Improvement District (LID) for the River Avenue
street improvements. If approval for initiation is received, an island annexation application will be
prepared and submitted to the Boundary Commission. Once annexation is completed, the City will be
able to move forward with the River Avenue LID which will include a public hearing before City
Council.
BACKGROUND
On August 4, 2004, Lane County Commissioners denied the City of Eugene's request for authority to
assess ten properties for street improvements to River Avenue. These properties are outside City limits
and abutting River Avenue. State law requires the County to grant authority for the City to assess
properties outside City jurisdiction. The ten properties represent $193,051.29 of the proposed
$1,067,627.86 assessable amount. The total project cost is estimated to be $2,269,506.00. In addition to
the Regional Water Pollution Control Facility, the properties abutting this major collector street project
are primarily commercial and industrially zoned. Of the County properties, one is zoned R-1 and has a
church and a residential structure on the property.
The design for the improvement project has been completed, right-of-way has been acquired and the
project was advertised for bids. Bids were opened July 7, 2004, and Delta Sand and Gravel is the
apparent low bidder. In anticipation of construction, trees were removed and utility relocation has been
coordinated and initiated. A Public Hearing was held on the formation of the local improvement district
and representatives of 51.4 percent of the proposed assessable amounts remonstrated. This will require
a second public hearing before the City Council if the project moves forward. Following the County
denial, the LID formation was pulled from the Council Agenda of August 9, 2004.
Council Action History_
The improvement project was included in both the Metropolitan Transportation Plan adopted in1986 and
TransPlan adopted in 2002.
In 1999, the council adopted the Arterial and Collector Street plan which sets forth street design
standards used for this improvement.
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This project was initiated by City Council action on June 26, 2000, by adoption of the 2001 Capital
Budget and pursuant to Section 7.160(5) of the Eugene Code (EC), 1971.
The council adopted Resolution No. 4358 that identifies City Council-directed annexations as one of
four types of annexation processes.
RELATED CITY POLICIES
Improvement to River Avenue from 200 feet east of River Road to 100 feet west of Beltline Highway
addresses the City Council goal for "Safe Community" by improving street safety for the current and
future pedestrian, bicycle, and vehicular needs along River Avenue.
Three policies in the 1987 Metro Plan address providing improvements, financing them and annexing
properties in the River Road/Santa Clara Area. In response, the City will provide a variety of methods
for financing these improvements, follow all State Laws and local policies for processing this proposed
annexation, and initiate the annexation of these properties prior to construction of a city-standard street
in compliance with policy priorities. These policies are:
· II-D-6, Policy 2: Eugene shall develop methods of financing improvements in the River Road
and Santa Clara areas which are responsive to the unique situation of residents and property
owners, as well as the City of Eugene.
· II-D-6, Policy 4: Annexation of the River Road and Santa Clara areas will occur only through
strict application of State Laws and local policies, e.g., ability to extend services in a timely
manner. In each case, Eugene will make every reasonable attempt to provide for annexation
only on a voluntary basis and according to individual property owner annexation agreements.
· Il-B-&, Policy 20: When unincorporated territory within the urban growth boundary is provided
with any new urban service that service shall be provided by the following methods (in priority
order):
a. Annexation to a city;
b. Contractual annexation agreements with a city;
c. Annexation to an existing service district (under conditions described in Policy #19); or
d. Creation of a new service district (under conditions described in Policy #14).
COUNCIL OPTIONS
Three options have been identified as follows.
1. Cancel the project. The road would remain a two-lane, gravel-shouldered, major collector
facility serving commercial and industrial properties, providing a connection from River
Road to Santa Clara and two connections to the Willamette River Bike Path system. The
results of approximately $650,000 already spent in right-of-way acquisition, tree removal,
utility coordination, survey and design efforts would be shelved until future time when there
is support for the project.
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2. Fund the assessable amount for the County properties from City funds. Staff reviewed
the availability of funding the County assessable amounts from the Road Fund or System
Development Charge (SDC) Fund. No capital projects have been funded in the Road Fund
since 2001. Currently, the project funding includes Transportation SDCs to the maximum
amount that can be attributed to new development. No other source of funding has been
identified.
3. Initiate island annexations for these properties in the County abutting River Avenue.
This option would allow staff to submit an application for annexation which would be
processed through the normal island annexation process with the Boundary Commission. If
the annexation request is approved, staff would continue the process for forming the Local
Improvement District and anticipates a public hearing at City Council in January or February.
This option allows implementation of Transplan, continued improvement of major collectors
to City Standards within the Urban Growth Boundary to provide safe transportation
alternatives for vehicles, bicyclists, and pedestrians in the community.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends adoption of the proposed resolution initiating the island annexations of
properties along River Avenue within the proposed local improvement district (LID) and proceeding
with the formation of an LID.
SUGGESTED MOTION
Move to adopt Resolution 4811 furthering annexation to the City of Eugene of three River Avenue
islands.
ATTACHMENTS
A. Resolution (with map attached)
FOR MORE INFORMATION
Staff Contact: Michelle Cahill
Telephone: 682-6855
Staff E-Mail: michelle.r.cahill~ci, eugene.or.us
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ATTACHMENT A
RESOLUTION NO.
A RESOLUTION FURTHERING ANNEXATION TO THE
CITY OF EUGENE OF THREE RIVER AVENUE ISLANDS.
A Resolution furthering annexation to the City of Eugene of the following described
territories:
Island 1: Tax Lots 3601, 3600, 3501, 3502, 3500, 3400, and
Beaver Street right of way, Assessor's Map 17-04-13-00, located
east of Ross Lane, west and south of Beltline Road, and north of
River Avenue, as more particularly described on the attached
Exhibit "A-I" and depicted on the map attached as Exhibit "B"
hereto. (River Avenue Islands).
Island 2: Tax Lot 3200, Assessor's Map 17-04-13-00, located east
of Ross Lane, west and south of Beltline Road, and north of River
Avenue, as more particularly described on the attached Exhibit "A-
2" and depicted on the map attached as Exhibit "B" hereto. (River
Avenue Islands).
Island 3: Tax Lots 3000 and 2900, Assessor's Map 17-04-13-00,
located east of Ross Lane, west and south of Beltline Road, and
north of River Avenue, as more particularly described on the
attached Exhibit "A-3" and depicted on the map attached as
Exhibit "B" hereto. (River Avenue Islands).
The annexation of the territories to the City would constitute a "minor boundary change"
under the boundary commission law, ORS 199.410 to 199.519.
By authority of ORS 199.490(5)(a) and 222.750 and Section 9.7805(3) of the Eugene
Code, 1971, the City Council may initiate the annexation, and the proposal meets the criteria of
the City's Annexation Processing Guidelines for processing through the Lane County Local
Government Boundary Commission set forth in Exhibit A to Resolution No. 4358.
The part of the territory that lies within the Santa Clara Rural Fire Protection District
would, by operation of law in accordance with ORS 199.510(2)(a), be automatically withdrawn
from that District immediately upon consummation of the annexation.
In the event the annexation is consummated, the City Council intends to withdraw from
that District the part of the territory that lies within the Santa Clara Water District by authority of
ORS 199.510(2)(b) and 222.520 to 222.575.
Resolution- 1
City staff has submitted its report finding the proposal to be consistent with the City's
adopted criteria for annexations and recommended approval of the annexation request. Pursuant
to Section 9.7810 the properties will be automatically rezoned from their Lane County zoning
designations to the City of Eugene zoning designations as reflected in Table 9.7810.
Now, therefore, having considered the staff report and recommendation, and based
thereon, the City Council hereby approves the staff report and recommendation, and,
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EUGENE, a Municipal Corporation of the State of Oregon, as follows:
Section 1. Based upon the above findings and reasons which are adopted herein, the City
Council hereby initiates the annexation, affirms the staff recommendation, and advises the
Boundary Commission that:
1.1 The above described Tax Lots will be rezoned from their Lane
County zone to City of Eugene zone pursuant to Section 9.7810 of the Eugene
Code, 1971, effective upon annexation.
1.2 In the event the annexation is consummated, the City will initiate
separate proceedings to withdraw the property from the Santa Clara Water
District, subject to the provisions of ORS 199.510(2)(b) with respect to the
effective date of withdrawal.
Section 2. The City of Eugene does not object to the annexation of the within described
territories to the Lane County Metropolitan Wastewater Service District.
Section 3.. A certified copy of this Resolution shall be filed at once with the Lane County
Local Government Boundary Commission.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted by the City Council the day of ,
2004.
City Recorder
Resolution - 2
Exhibit "A-I"
Island I
A tract of land located in the Northeast quarter of Section 13, Township 17 South, Range 4 West,
of the Willamette Meridian being more particularly described as follows;
Beginning at a point on the northerly right of way line of River Avenue, said point being North
13.47 feet from the position for the Southwest comer of Lot of Tract "H" of Potter's Survey, in
the Northwest quarter of Section 13, in Township 17 South, Range 4 West of the Willamette
Meridian; thence along said Northerly right of way line of said River Avenue, South 82°51'00"
West 8.86 feet; thence leaving said right of way line run, North 3°51'20" East 226.92 feet along
an existing chain link fence to the southerly right of way line of Beltline Road; thence mn along
said southerly right of way line of Beltline Road, South 87o35'30'' East 1034.59 feet to the
easterly fight of way line of County Number 1226 (commonly known as Beaver Street); thence
leaving said southerly right of way line of Beltline Road and running along the easterly right of
way line of said Beaver Street, South 2o34'52'' West 226.71 feet to the northerly right of way line
of said River Avenue; thence mn along said northerly right of way line of said River Avenue the
following courses; North 88004'25'' West 40.00 feet; thence North 2o34'52'' East 10.00 feet;
thence North 88o04'25'' West 495.23 feet; thence South 1°35'45'' West 10.00 feet; thence North
88o04'25'' West 495.00 feet; thence North 2o36'42'' West 10.03 feet to the point of beginning, all
in Eugene, Lane County, Oregon.
Exhibit "A-2"
Island 2
A tract of land located in the Northeast quarter of Section 13, Township 17 South, Range 4 West,
of the Willamette Meridian being more particularly described as follows;
Beginning at a point on the Northerly right of way line of River Avenue, Said point being South
88o04'25'' East 431.00 feet and North 1 °34'52" East 10.00 feet from the Southwest comer of Lot
"I", Potters Survey, as recorded in Book "N", Page 255, Lane County Oregon Deed Records,
said point also being 2513.34 feet South and 2097.12 feet East of the Southeast comer of the L.
Poindexter Donation Land Claim No. 52, in Township 17 South, Range 4 West of the Willamette
Meridian; thence running along the north right of way line of said River Avenue, South 1 °34'52"
West 10.00 feet; thence North 88o04'25'' West 100.00 feet to the True Point of Beginning of the
herein described tract; thence continuing along said northerly fight of way line of said River
Avenue, North 88004'25'' West 177.00 feet; thence leaving said right of way line run, North
2o34'52'' East 225.45 feet to the south right of way line of Beltline Road; thence mn along said
south right of way line of Beltline Road, South 87o35'30'' East 177.00 feet; thence leaving said
right of way line mn, South 2o34'52'' West 223.97 feet to the northerly right of way line of said
River Avenue and the tree point of beginning, all in Eugene, Lane County, Oregon.
Exhibit "A-3"
Island 3
A tract of land located in the Northeast quarter of Section 13, Township 17 South, Range 4 West,
of the Willamette Meridian being more particularly described as follows;
Beginning at a point on the Northerly right of way line of River Avenue, Said point being South
88°04'25" East 431.00 feet and North 1 °34'52" East 10.00 feet from the Southwest comer of Lot
'T', Potters Survey, as recorded in Book "N", Page 255, Lane County Oregon Deed Records,
said point also being 2513.34 feet South and 2097.12 feet East of the Southeast comer of the L.
Poindexter Donation Land Claim No. 52, in Township 17 South, Range 4 West of the Willamette
Meridian; thence running along the north right of way line of said River Avenue, South
88o04'25'' East 125.00 feet to the True Point of Beginning of the herein described tract; thence
North 2034'52'' East 192.22 feet to a point on the Southerly fight of way line of Beltline Road;
thence along said right of way line along the arc of an 1849.86 foot radius curve right (the chord
of which bears South 73o53'45'' East 178.14 feet) a distance of 178.21 feet to a point opposite of
and 60.00 feet from Engineers centerline Station L 167+48.25 POS; thence continuing along said
Southerly right of way line, South 68o20'00'' East 181.00 feet; thence continuing along said
Southerly right of way line, South 36°46'00"East 48.88 feet; thence leaving said right of way line
mn, South 47°42'35" West 70.68 feet to the northerly right of way of said River Avenue; thence
running along said northerly right of way line of River Avenue, North 88o04'25'' West 325.17
feet to the true point of beginning all in Eugene, Lane County, Oregon.
EXHIBIT B
PAGE 1 OF 2
CITY OF EUGENE ~
ilNCORPO~TED PROPER~ PUBLIC WORKS ENGINEERING
IALONG RIVER AVENUE SCALE: N.T.S. DRAF~D BY: R.REMMERS DESIGNED BY M.CAHI~
S:~Pro~cts~Proj-3~3693 Eiver Ave~Uisc~CO~N~ROP[RTI[S.dwg Sep 09, 2004
EXHIBIT B
PAGE 2 OF 2
1. TL# 17 04 13 O0 3601 6. TL# 17 04- 13 O0 3400
501 RIVER AVENUE 687 RIVER AVENUE
STOR N LOK WAREHOUSES EUGENE BIBLE CENTER
0.96 ACRE 1.38 ACRE
2. TL# 17 04 13 O0 3600 7. BEAVER STREET
475 RIVER AVENUE
STOR N LOK WAREHOUSES 8. TL# 17 04 13 O0 3200
2.33 ACRE 745 RIVER AVENUE
DALE E ATKINS
,3. TL# 17 04 13 O0 3501 1.05 ACRE
615 RIVER AVENUE
B K M $ PROPERTIES 9. TL# 17 04 13 O0 3000
0.46 ACRE 807 RIVER AVENUE
BIMBO BAKERIES USA INC.
4. TL# 17 04 13 O0 3502 0.80 ACRE
621 RIVER AVENUE
B K M S PROPERTIES 10. TL# 17 04 13 O0 2900
0.36 ACRE 825 RIVER AVENUE
MICHAEL DENNIS NEALY
5. TL# 17 04 13 O0 3500 0.58 ACRE
BARCLAY SLOCUM
2.33 ACRE
CITY OF EUGENE
UNINCORPORATED PROPERTY PUBLIC WORKS ENGINEERING
ALONG RIVER AVENUE
I
SCALE
= N.T.S. DRAFTED BY: R,REMMERS DESIGNED BY M.CAHILL ~
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I