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HomeMy WebLinkAboutResolution No. 4694 RESOLUTION NO. 4694 A RESOLUTION INITIATING AMENDMENTS TO THE WEST EUGENE WETLANDS PLAN, EUGENE- SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) AND EUGENE-SPRINGFIELD METROPOLITAN AREA TRANSPORTATION PLAN (TRANSPLAN) TO FACILITATE CONSTRUCTION OF THE WEST EUGENE PARKWAY. The City Council of the City of Eugene finds as follows: A. In 1986 the State of Oregon committed funds to and proposed to construct the West Eugene Parkway ("Parkway"). Ordinance No. 19396 was thereafter adopted by the City Council and approved by the Mayor on August 11, 1986 setting forth the preferred route and authorizing the City Manager to enter into cooperative agreements with the State of Oregon and others to facilitate the construction project along that preferred route. The Ordinance provided that it would become effective upon its approval by the voters of the City. B. On that same date, the City Council adopted Resolution No. 3995 referring Ordinance No. 19296 to the electors of the City for their adoption or rejection at the general election held on Tuesday, November 4, 1986. The Ordinance was approved and adopted by the electors of the City. C. Subsequent to approval of the Ordinance several environmental assessment studies have been completed. Based on those studies, recommendations have been made for changes in the route of the Parkway from that initially proposed and approved. D. Also subsequent to that approval, the federal government has indicated that in order to move forward with any part of the West Eugene Parkway, the entire West Eugene Parkway must be included in the 20 year construction project list in TransPlan. To add the entire West Eugene Parkway to the TransPlan proj ect list would necessitate moving other proj ects totaling approximately $71 million to the unfunded project list, or finding other federal, state or local revenues to fund those projects. G. On August 12, 2001, the City Council placed two measures before the voters. Measure 20-53, Transportation Strategies in West Eugene, Not Including the West Eugene Parkway and Measure 20-54, West Eugene Parkway. H. On November 6,2001, Measure 20-53 was defeated and Measure 20-54 approving the City's facilitation of construction of the West Eugene Parkway was passed by a majority of those who voted. Resolution - 1 I. Initiation of amendments to the Metro Plan, West Eugene Wetlands Plan and TransPlan in response to state and federal requirements for implementation of the West Eugene Parkway is necessary in order to facilitate construction of the West Eugene Parkway, consistent with the results of Ballot Measure 20-54. The necessary amendments are specified in the December 1, 2000 letter from Robert J. Pirrie, ODOT Region 2 Area Manager to Mayor Torrey and the City Council, which is attached as Exhibit A. NOW, THEREFORE, based upon the above findings, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. The City Council hereby initiates amendments to the West Eugene Wetlands Plan, the Metro Plan and TransPlan, as requested by ODOT on behalf of the Federal Bureau of Land Management and Federal Highway Administration as described in the attached Exhibit A, required prior to completion of the Final Supplemental Environmental Impact Statement (FSEIS) for the West Eugene Parkway. The foregoing Resolution adopted the 28th day of November, 2001. ,r~41-r' L. z:.L---/ City Recorder Resolution - 2 Exhibit A .11 -Oregon John A. Kltzhaber. M.D., Governor December 1,2000 Department of Transportation Area Manager/Project Manager 644 A Street Springfield, Oregon 97477 PHONE (541) 744-8080 FAX (541) 744-8088 Mayor Torrey and City Council City of Eugene 777 Pearl Street Eugene, OR 9740 I FILE CODE: Subject: West Eugene Parkway Dear Mayor Torrey and Members of the Council: As requested, this correspondence will outline the next steps regarding land use and city actions necessary to continue progress on the West Eugene Parkway . We face significant regulatory hurdles in order to receive FHW A and BLM approvals of the West Eugene Parkway Project. Securing these approvals and construction of Unit I A is dependent upon City of Eugene actions. Two specific actions requested from the City of Eugene are necessary to support moving forward with the conclusion of project NEP A documentation and construction of Unit IA: 1. Amend the West Eugene Wetlands Plan (WEWP) to designate the Modified Project alignment as a transportation corridor; and amend the Eugene - Springfield Metro Plan to provide an exception to Statewide Planning Goals 3, 4, 11, and 14. Unit 2 of the project crosses lands owned by the Bureau of Land Management (BLM). BLM purchased those lands with appropriations from the federal Land and Water Conservation Fund (L WCF). BLM policy prohibits the transfer of ownership of any lands purchased with L WCF funds. However, BLM's Washington D.C. office indicated a waiver is possible if certain conditions are met, including a determination that the project is "consistent with the purposes for which the public lands are being managed" 1. Consistency is demonstrated, in part, by inclusion of the project in the applicable BLM management plan. The BLM adopted the WEWP as its land use management plan for the subject properties. Therefore, the project must be shown in the WEWP to be consistent with the BLM management plan. BLM also stated that"... prior to BLM approval of an application for right-of-way from ODOT, it will be necessary for the City of Eugene to formally amend its Metropolitan Area General Plan to provide an exception from State Wide Planning Goals 3, 4, 11, and 14.,,2 1 October 3, 2000 Letter from Elaine Y. Zielinsk, BLM State Director to Dave Reilly, Acting FHWA Division Administrator, attached. 2 August 18. 2000 Letter from Diana Bus, BLM Action Coast Range Field Manager to James B. Cox Jr., ODOT Environmental Project Manager, attached. FHWA will not approve NEPA documentation without clearance of the BLM property. "Before we. (FHW A) can move forward in finalization of our SFEIS, we need assurances that BLM can transfer the needed right-ol-way interest and control to the ODOr ,,) Therefore, the WEWP amendment and Statewide Goal exception need to be processed to move the project forward. 2. Amend the Draft TransPlan update to include the entire WEP project in the list of financially constrained 20-year capital investment actions. FHW A will not complete the NEP A process for a project in a metropolitan area unless the entire project is included in the fmancially constrained list of capital investrilents in the local transportation plan. FHW A recently reaffirmed this policy in the attached letter dated September 27, 2000. To be in compliance with this policy, the entire WEP project must be included in the financially constrained projects list in TransPlan. It has long been understood that successful delivery of this project does not rest on ODOT or the City alone. City and ODOT staffhave coordinated project efforts for many years. ODOT intends to pursue later phases of the project, Unit 2A&B (west of Beltline) and Unit IB (Hwy 99 to Seneca), until the project is completed. ODOT staff continues to coordinate with FHW A and BLM. It is clear that project approval will not happen without the requested support from the City of Eugene. Thank you for you consideration of these issues and continuing staff support as we move through the remaining steps of the project development process for the West Eugene Parkway. If you have any questions or require additional information, please advise. Sincerely, (2e,t~f ~. 9 .A/~A-UL Robert J. Pirrie ODOT Region 2 Area Manager Attachments cc: Gary Johnson, ODOT Jim Cox, ODOT Jay McRae, CH2M Hill Elton Chang, FHW A Dave Reinhard, Eugene Public Works Department Jan Childs, Eugene Planning and Development Department 3 April 26, 2000 Letter to Ms Diane Chung, BLM Coast Range Field Manager from John D Wichman, FHWA Division Right-of-Way Officer, attached