HomeMy WebLinkAboutItem B: West Eugene Transporation System/MPC Update
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
G
Work Session: Collaborative Process to Identify a Transportation Solution for West
Eugene and the FY06-09 Metropolitan Transportation Improvement Program
Meeting Date: July 10, 2006
Department: City Manager's Office
www. eugene-or.gov
Agenda Item Number: B
Staff Contact: Dennis M. Taylor
Contact Telephone Number: 682-5336
ISSUE STATEMENT
Attachment A is a letter dated July 5,2006, to the Metropolitan Policy Committee (MPC) from Matthew
Garrett, Director of the Oregon Department of Transportation (ODOT). In the letter, Mr. Garrett states
that substantial costs likely to be incurred by ODOT and the time required for a collaborative process to
identify a transportation solution for West Eugene are unacceptable to ODOT. Mr. Garrett further states
that if the City of Eugene cannot support either the current alignment of the West Eugene Parkway
(WEP) or the southern alignment proposed by the Federal Highway Administration (FHW A)
(Attachment B), then ODOT will recommend a "no build" decision which would bring closure to the
WEP and the National Environmental Policy Act (NEP A) process.
Attachment C is a letter dated June 22, 2006, to the MPC from Gary Williams, Chair of the Lane
Council of Governments (LCOG) Board of Directors. In the letter, Mr. Williams identifies the
following actions requested of MPC by the LCOG Board:
1. At the July, 13,2006 meeting, MPC will pass an FY06-09 MTIP. Its composition is left to the
MPC to decide; and
2. Not later than the January 2007, MPC meeting (six months), the MPC will develop a dispute
resolution process for delegated MPO duties which ensures MPO responsibilities will be met.
This process and supporting changes to MPC bylaws must meet the approval of the LCOG
Board.
Mr. Williams furthers states that "Failure to comply with these two requirements will force the LCOG
Board to take necessary intervention steps up to and including rescinding our delegation of MPO
responsibilities to MPC."
On Thursday, July 13, the MPC is scheduled to take action on the FY06-09 Metropolitan Transportation
Improvement Program (MTIP) as submitted in November 2005, and as modified by amendments to the
FY05-07 MTIP.
BACKGROUND
At the City Council meeting held on October 26, 2005, the council failed to pass the following motion:
L:\CMO\2006 Council Agendas\M060710\S060710B.doc
To continue to support the West Eugene Parkway as a modernization project priority when the
Metropolitan Policy Committee considers the Central Lane Metropolitan Planning Organization
modernization project priorities for the 2008-2011 State Transportation Improvement Program and
the 2006-2009 Metropolitan Transportation Improvement Program.
The following subsequent motion was passed by the City Council:
To direct the City Manager to consult with the City of Eugene's intergovernmental partners and
community organizations to scope a process to design and build transportation projects in West
Eugene to address congestion, safety, and operation for all modes of transportation.
With the direction provided by the failure of the first motion, the council's two representatives on the
MPC voted against the adoption of the FY06-FY09 MTIP at the MPC meeting held on November 10,
2005. The FY06-FY09 MTIP remains un-adopted.
In March 2006, the Osprey Group was selected to conduct an assessment of the controversy surrounding
the WEP, with a particular emphasis on what, if any, expanded community involvement might be
helpful. The Osprey Group completed its work and prepared a report titled "Conflict Assessment,
Florence-Eugene Highway Project (commonly referred to as the West Eugene Parkway or WEP)" in
May 2006. The Osprey Group identified three options for moving forward towards a decision including:
. Proceed with the current NEP A review process
. A collaborative process
. Heightened commitment to public engagement
The Osprey Group concluded that a collaborative process can best address the challenge of getting to a
transportation solution for West Eugene that has widespread understanding and acceptability. The
Osprey Group also concluded that without willing and active ODOT participation, such a process should
not be pursued.
At the City Council meeting held on May 24, 2006, the City Council passed a motion directing its MPC
representatives to request that the MPC adopt a resolution that would:
. Adopt the FY06-09 MTIP air quality conformity
. Adopt the FY06-09 MTIP as modified by the reprogramming of the WEP to FY09 and by the FY05-
07 MTIP amendments adopted subsequent to November 2005
. Endorse and agree to participate in a collaborative process as outlined in Option II of the Osprey
Group's May 2006 Conflict Assessment
. Request ODOT to delay conclusion of the NEPA process on the WEP until after completion of the
collaborative process and to consider the product of that collaborative process.
COUNCIL OPTIONS
The council may:
1. Support the current West Eugene Parkway alignment and adoption of the FY06-09 MTIP.
2. Support the Alternative Southern Alignment as proposed by FHW A and adoption of the FY06-09
MTIP.
L:\CMO\2006 Council Agendas\M060710\S060710B.doc
3. Support a "no build" decision for the WEP.
4. Decline to take any action.
CITY MANAGER'S RECOMMENDATION
If there is not City Council support for either the current alignment of the WEP or the southern
alignment proposed by FHW A, then the City Manager recommends that the City refocus its regional
transportation priorities to the Beltline Corridor from Coburg Road to River Road including the Delta
Highway/Beltline interchange.
SUGGESTED MOTION
There is no suggested motion.
ATTACHMENTS
A. Letter from Matthew Garrett dated July 5, 2006
B. Alternative Southern Alignment proposed by FHW A
C. Letter from Gary Williams dated June 22, 2006
FOR MORE INFORMATION
Staff Contact: Dennis M. Taylor
Telephone: 682-5336
Staff E-Mail: dennis.m.taylor@ci.eugene.or.us
L:\CMO\2006 Council Agendas\M060710\S060710B.doc
regon
Department of Transportation
Office of the Director
355 Capitol St. NE
Rm 135
Salem, Oregon 97301-3871
Theodore R. Kulongoski, Governor
July 5, 2006
Lane Council of Governments
Metropolitan Policy Committee
99 East Broadway, Suite 400
Eugene, Oregon'97401-3111
FILE CODE:
, Subject:
West Eugene Parkway (WEP) Decision
Thank you for the opportunity to attend the June meeting of the Metropolitan Policy Committee
(MPC) to hear the comments both for and against moving the WEP forward in its current form.
ODOT appreciates both the proposals from the Federal Highway Administration (FHW A) for a
southern alignment, and from the City of Eugene' s proposal.for a collaborative process.
We have reviewed the proposals 'and issues raised by all sides of the controversy in recent
months, and we think it is appropriate to clarify the Oregon Department of Transportation
(ODOT) position on the WEP:
. ODOT greatly values working with stakeholders to get input into projects. The WEP would
not have progressed as far as it has had there not been commitment on the part of all local
governments to advance the project forward in its current alignment. No~, however, the
City of Eugene has retracted its support for the current WEP alignment which all regional
parties had previously agreed with. Even with the continued support of the other regional
partners, without the support of the City of Eugene (the community predominantly impacted
by the project), ODOT believes that continuing to move the WEP forward in its current fohn
is not feasible.
onOT expressed a willingness to move forward on the southern alignment proposed by
FHW A if the members of the MPC unanimously supported that option., FHW A believes' that
the southern alignment substantially reduces environmental impacts to wetlands; howeyer,
this view is not shared by regUlatory agencies. In any event, federal environmental
regulatory agency partners have expressed the importance of local support to move the WEP
through their required approvals, and the City.'seems unwilling to move any specific
alignment forward ill order to bring the National Environmental Protection Act (NEP A)
process to a conclusion.
· ODOT has spent more than $15 million on this project in the past 25 years, $2 million of
which is part of the current Statewide Transportation Improvement Program (STIP). If this
proj ect ends with no formal conclusion to the curr~nt NEP A process, FHW A rules require
repayment of the federal portion of the expenditure.
Form 731-0323 (1-03)
@
July 5, 2006
Lane Council of Governments
POage 2
.\,
\~
. '{ \\
As a steward of taXpayer dollars, anaT is critically concerned about obligating additional
funds on top of the money already spent. For this reason, onOT believes that the current
NEP A process needs to be brought to a conclusion, even if that conclusion is a "no build" on
the project as it is defined in the WEP environmental document.
UDue to these concerns, we recommend that a collaborative process be initiated only if
there is no time limit placed on the deliberations. "
The letter further indicates that ODaT would likely incur substantial costs to support such a
process. Additionally, further time delay will likely mean escalating project costs to construct
beyond the current estimates.
This is not acceptable to aDaT . We need to bring the current NEP A process to closure. If the
City of Eugene cannot accept either the current proposed alignment or the FHW A southern
alte~ative, then aDaT h~ been advised by FHW A that ~ "no build" NEP A document could be
submitted immediately based on the obs'ervations in the Osprey report. A "no build" decision
would bring closure to the WEP and will be the action recommended if the City of Eugene
cannot accept the current proposed alignment or the FHW A southern alternative.
With regard to funding dedicated to the WEP, a "no build" decision would result in the
re~aining funds currently allocated in the STIP for the WEP being restored to the Department's
modernization funds for reallocation by the Oregon Transportation Commission (OTC).
This decision does not come lightly. It is extremely difficult for our agency, tasked with state
transportation project development and delivery, to take this action. It is no small thing to come
to the end of a costly, decades-long effort to reach this outcome, particularly when, with one
exception, all of the regional partners continue to support the WEP.
Sincerely,
'rI~
Matthew L. Garrett
Director
July 5, 2006
Lane Council of Governments
. Page 3
MG:jl
C
OTC Members
Doug Tindall, Highway Deputy Director
Craig Greenleaf, TDD Deputy Director'.
JeffScheick, Region 2 Manager , .
Michael Long, Region 2 Project Delivery Manager
Jane Lee, Lane CoUnty Area Manag.e~; ~
Steve Cooley, Region 2. Tech Center Manager
Ken Kohl, Area 5 CPM ~ . \'.'."
Molly Cary, Region 2 Environmental Manager t' ,,~~ '~~ '
David Cox, FHW A
Emily Lawton, FHW A
Michelle Eraut, FHW A
, 'l1.
./
~ .'~
.(
'1.)- . '
"'....1.... I
.1"" ._
,,1'1 f'
..' d" :
....,.<--.
1'01 rrl..y~
West Eugene Parkway
Pllblic Comments / Possible Agency Response
The proposed alignment is "right through the middle" of the
wetland
· Investigate an alignment west of Beltline that is along the southern boundary of
the West Eugene Wetland but as much as possible, outside of the West Eugene
Wetland and off of BLM property. (this alignment is estimated to impact 27 total
wet~and acres including 1 0 L WCF acres as compared to the 37 total and 21
L WCF acres impacted by the current alignment)
Reduce Wetland impacts
.. Any revised locations should impact fewer total acres of wetlands and fewer
acres of high functioning wetlands than the current preferred alignment..
~ Stay on structure as much as possible over land currently designated 'as "wetland"
· Contain roadway runc;>ff
. - Maintain all waterways and minimize impedance to surface and groundwater
flows
Reduce visual impacts
. ., Cross railroad near current crossing .
. Investigate an "at grade" intersection with Terry Street.
. Plant native vegetati"on / trees to act as a screen between the road~ay and the
wetlands .
. Investigate use of earth berms and or walls adjacent to WEP at strategic
locations. . . these berms and walls should be screen.ed with native vegetation
'\..
Reduce noise from roadway
. "Jersey" shape barrier on structures to "contain" tire noise
· Use of roadside earth berms /walls and plantings where possible
· Possibly relocate alignment to near southern boundary of West Eugene Wetland
property
Protect the Butterfly (and all endangered / protected species)
. Supplement BLM activities to produce a "recovery plan." Will also need to'
involve U S Fish & 'Wildlife (and others) who have already done some work on
a recovery plan. May want to hire Cheryl Swartz or other experts to assist with
the details of the plan and eventual implementation.
. Work to establish a new colony (or colomes) in the West ElJgene Wetland away
from the project. . .may need Ore'gon Zoo assistance in propagating lupine and
perhaps "captive bre~ding" of butterflies. . Possible use of Eugene schools to assist
with rearing Kincaid's Lupine (or a similar lupine) and to build community
interest.
. These are "Federally designated" endangered species but they have no state
status... possibly show commitment by designating them as "Oregon" or even
"City of Eugene" endangered species. '
.' Consider possibility of usip.g "butterfly crossing" speed limit signs onthe WEP
(maybe on 126/ West 11 th also) .. . similar to school crossing signs.. .to be used
when appropriate in" the month of May when the butterflies are airborne.
· Consider establis~g 'a new colony (or colonies) elsewhere on BLM land for
great,er assurance of survivability
./
The proposed alignment is too expensive
. Look closely at structure and embankment costs .
. Reevaluate the intersection with US 126? Possible use ofOTIA funds for Hwy
structure over RR and tie WEP into that structure rather than including the
structure in the WEP project. .
. Consider redesign of Terry Street intersection
The proposed alignment negatively impacts recr~ation
. Added bike.path / trail (possibly parallel to WEP or adjacent to RR)
. Cons.ider funding / building / or at least ,providing for access road to BLM
education center site. Consider transportation enhancement funding to tie
Education Center paths and bikeways into larger bike / path system
. Consider Transportation Enhancement project to improve other wetland trails /
exhibits
TIle proposed alternate is not the one that does the "least
environmental damage"
. Is the "ROD" alignment the least environmentally damaging alternate? The COE
. must make this judgment in order to issue the project.a permit.. . this judgment
'could be based on either the alignment currently shown as "the preferred" or
another alignment that m~ets the purpose and need. . . Least environinentally
damaging has some room for interpretation.. .IE.. .takes fewer Wetland acres,
allows better screening .opportunities, improves butterfly survivability, supports
more .mitigation than the others.. .etc. This judgme~t may be made considering
the totality of project impacts and mitigating benefits.
.
~~
Consider the need for improved public transit
, .
. Could possibly provide appropriately located "bus bays" in the event that the
WEP is chosen as a bus route and perhaps by building a "park & ride" lot near the
west end of the project. Such a par~ & ,ride lot could also be transit stop.
. Consider improvements to the park & ride lot at the Shady Rest Fern.Ridge
Reservoir parking area
. The WEP -will remove trucks and autos from West 11 th possibly creating an
, opportunity for ephanced transit on.West 11th
Mitigation package is unknown and uncertain
Time to start considering options.. ~
. ~creening (both visual and noise)
. Wetland replacement acres (at least 2-to 1 ratio)
. Butterfly Recovery Plan
. Iniprove trails / paths
. Possible assistance for Education .Center
. Other??
.
Solution should not comDromise TransDortation Goals
Reduce congestion on West 11 th
Facilitate through movements
Improve residential access
Minimize "user costs"
Enhance Safety
Reduce travel times-
Reduce travel_distances
Provide for current and futUre traffic volumes
Reduce "infiltration" on local streets
Reduce air pollution
Improve access_to yvest Eugene Industrial ~ea (Freight, customers, employees)
Support Local / Regional land use plans
Support Local / Regional Economic and Employment Plans / goals
2005 Modified Project
FHWA Southern Alignm
[]
.
.
LCOG
c . .......~.
LANE COUNCIL OF GOVERNMENTS
June 22, 2006
Commissioner Bobby Green, Sr.
Lane County
125 E. 8th Avenue
Eugene, OR 97401
Dear Commissioner Green and Members of the Metropolitan Policy Committee:
The transportation system in the Central Lane Transportation Management Area is vital to the
health, welfare and economic well-being of all citizens of Lane County. Our children go to
school, our citizens travel to and from work and play, ambulances respond swiftly to
emergencies, and goods travel from our factories and into our stores, across a vital web of
highways and streets. Bike and pedestrian paths provide for alternate modes of transportation to
meet federal and state requirements and afford recreational opportunities for our citizens. Transit
services efficiently move people throughout the area.
Federal and state transportation funds provide ongoing support to this regional network of
highways, streets, paths and transit. These ~oad, path and bridge construction and maintenance
projects bring millions of dollars into the county which create and sustain hundreds of jobs.
It is the responsibility of the MPO to ensure federal transportation requirements are'met to ensure
this syst~ and the funds to support it continue. When the LCOG Board delegatedits MPO
responsibilities to the MPC, it was with 'the understanding that the MPC would diligently carry
out its delegated tasks. To ensure the LCOG Board would not fail in its MPO responsibilities, it
required on-going oversight and reporting ofMPC actions on a regular basis.
Since November 2005, the LCOG Board has watched with concern as the MPC has failed to pass
an FY06-09 MTIP. In February 2006, the LCOG Board asked the MPC Chair to p_ersonally .
report on MPC's situation. At each subsequent LCOG Board meeting, the LCOG Board has
directed staff to bring it a report 'ofMPC's progress, and to take a report of our concernS back to
the MPC. .
We still believe the MPC is the proper body to ~arry out the duties of the MPO, but we will not
allow this region to lapse in fedetal funding. We owe that to the citizens we all serve.
Since November, the MPC has failed to find a way around its impasse. rItis puts the region at
risk of losing federal funding. The MPC has many options available to keep the process moving.
These options might include:
. Alter the FY06-09 MTIP to make it acceptable to the group; or
99 EAST BROADWAY, SUITE' 400, EUGENE, OREGON 97401-3111 www.lcog.org (541) 682-4283
Bobby' Green, Sr.
June 22, 2006
Page 2
· Negotiate a package agreement which provides for passage of the MTIP; or
. Alter the MPC bylaws to prevent a small minority from freezing your process
indefinitely; or
. Request outside assistance to mediate your dispute; 'or
. Defer the question to the LCOG Board for final resolution.
And yet, the MPC has failed to move forward on its delegated MPO responsibilities.
Let us be clear, the LCOG Board is not taking a position for or against any project or series of
projects. That is your responsibility. But the LCOG Bo~rd insists that the duties of the MPO be
c~ed out in a responsible and timely manner. We owe the public nothing less.
We have given the MPC sufficient time to find a solution'without result. MPC is the designated
conflict resolution body for the Metro Area. You are charged with the responsibility to find
solutions to conflicts. The LCOG Board of Directors, as the designated MPO for the Central
Lane Metropolitan Planning Area, requests that the MPC do the following:
1) At your July 13, 2006 meeting you will pass an FY06-09 MTIP. Its composition is left to
MPC to decide; and
2) Not later than the January 2007 MPC meeting (6 months), the MPC will develop a dispute
resolution process for delegated MPO duties which ensures MPO responsibilities will be met.
This process and supporting changes to MPC bylaws must meet the approv~l of the LCOG
Board. .
Failure to comply with these two requirements will force the LCOG Board to take necessary
intervention steps up to and including rescinding our delegation of MPO responsibilities to MPC.
In conclusion, the LCOG Board still believes the MPC is the proper body to discharge the duties
of the MPO. We are willing to work with you to ensure your success, but will no longer sit idly
by while the region's well being is put at risk.
ary Williams, Chair
oard of Directors