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HomeMy WebLinkAboutItem B - West Eug. Park. MOUEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: West Eugene Parkway Memorandum of Understanding Meeting Date: September 22, 2004 Agenda Item Number: B Department: Public Works Staff Contact: Kurt Corey www. cl. euget~e, or. us Contact Telephone Number: 682-5241 ISSUE STATEMENT The Oregon Department of Transportation (ODOT) has requested that the City of Eugene and Lane County sign a memorandum of understanding (MOU) regarding the construction and maintenance of a portion of the West Eugene Parkway. This item has been placed on the work session agenda as an informational item to provide information about the current status of the West Eugene Parkway project and, specifically, the City Manager's response to ODOT's request. BACKGROUND Since the West Eugene Parkway (WEP) project was initiated by ODOT and the Federal Highway Administration (FHWA) in 1980, it been the subject of numerous studies, including a Supplemental Draft Environmental Impact Statement (SDEIS) published in 1997. The 1997 SDEIS is being re- evaluated to determine what factors may have changed over the course of the past several years and whether the project can advance to the publication of a Supplemental Final Environmental Impact Statement or whether a new SDEIS must be prepared. Among the findings of the draft re-evaluation report is that the WEP east of the Beltline would be too congested by 2025 to meet ODOT's design standards, which require a 30% design year reserve capacity. The project would, however, meet the City of Eugene's arterial street standards, which are more tolerant of congested intersections during peak hours than ODOT's standards. The MOU (see Attachment A) is a non-binding agreement "only intended to facilitate the cooperation between the City, County and ODOT through completion of the Final Environmental Impact Statement for the WEP project and further recognize additional agreements will be needed to address construction of the WEP project and subsequent jurisdictional transfers." Specifically, the MOU proposes that jurisdiction of Unit 1 of the WEP, from Highway 99 to Beltline Highway, will be transferred to the City or the County upon ODOT's completion of that section of the WEP and that additional portions of the current state highway system be transferred to the City or County when Unit 2 of the WEP, from Beltline Road west to approximately Goble Lane, is completed. The map appended as Attachment B provides more specific information about the jurisdictional transfers outlined in the MOU. The MOU is a non-binding proposal and "is not and should not be construed as a commitment by any party." The MOU is not expected to have any effect on the SDEIS re-evaluation report or on any L:\CMO\2004 Council Agendas\M040922\S040922B.doc records of decision related to the Supplemental Final Environmental Impact Statement. Rather, it is intended to document that future discussions will occur to define operations and maintenance roles and responsibilities for the easterly segment of the WEP and the portions of West 11th Avenue and Beltline that will eventually become part of the local transportation system once the westerly segment of the WEP is completed. The Lane County Board of Commissioners discussed the MOU on August 25, 2004, but took no action pending discussion of the issue by the Eugene City Council. RELATED CITY POLICIES As stated in Council Resolution 4687 and affirmed by the passage of Measure 20-54 on November 6, 2001, the City is committed to "take actions to facilitate construction of the West Eugene Parkway." Subsequent actions by the City Council, including the approval of TransPlan amendments, are consistent with this policy direction. COUNCIL OPTIONS This item is being brought to the City Council as an informational item. The City Manager welcomes discussion by the council but believes he has the authority in the charter to execute the MOU consistent with the previously approved policy discussed above. CITY MANAGER'S RECOMMENDATION The City Manager intends to sign the MOU. SUGGESTED MOTION No action by the City Council is required. ATTACHMENTS A. Memorandum of Understanding regarding the West Eugene Parkway, dated September 11, 2004 B. Map showing future jurisdictional authority for proposed West Eugene Parkway, dated June 2004 FOR MORE INFORMATION Staff Contact: Kurt Corey, Public Works Director Telephone: 682-5241 Staff E-Mail: kurt. a. corey~ci, eugene, or. us L:\CMO\2004 Council Agendas\M040922\S040922B.doc September 15, 2004 Misc. Contracts and Agreements No. 21,844 MEMORANDUM OF UNDERSTANDING West Eugene Parkway City of Eugene and Lane County This Memorandum of Understanding (MOU) is made and entered into by and between the State of Oregon by and through its Department of Transportation, hereinafter referred to as "ODOT", the CITY OF EUGENE, by and through its designated officials, hereinafter referred to as "City" and LANE COUNTY, by and through its designated officials, hereinafter referred to as "County, collectively referred to as the "parties". RECITALS 1. This MOU is entered into to document the intention of ODOT, City and County to facilitate delivery of a portion of the OR 126: W 11th Street - Garfield Street Project, also known as Unit lA of the West Eugene Parkway (WEP) Project. Unit 1 of the WEP is a new four lane local street from OR 99 to Beltline Highway. Unit 2 of the WEP is a new four lane expressway from Beltline Highway to Oregon 126 west of Green Hill Road. 2. The OR 126: W 11th Street - Garfield Street Project is in the 2004-2007 Statewide Transportation Improvement Program (STIP), Key No. 07990, with $17.7 Million dollars allocated. The WEP Project, Units 1 and 2, provides a new transportation link between downtown Eugene and points west by constructing a four-lane roadway between Highway 99 and west of Green Hill Road. 3. This MOU is consistent with the Agreement No. 5101 dated January 23, 1978, between ODOT and County, and by this reference made a part hereof. NOW THEREFORE, the parties agree to the following: 1. ODOT, City and County understand that this document is only intended to facilitate the cooperation between the City, County and ODOT through completion of the Final Environmental Impact Statement for the WEP Project and further recognize additional agreements will be needed to address construction of the WEP Project and subsequent jurisdictional transfers. 2. The segment of the WEP Project, Unit 1 described above as a new local street from Highway 99 to Beltline Highway, will be designed to ODOT approved City standards. The segment of the WEP Project, Unit 2 described above as a new four Memorandum of Understanding, 21,844 Page 2 ODO T / City of Eugene / Lane County lane expressway from Beltline Highway to Oregon 126 west of Green Hill Road, will be designed to ODOT standards. Upon completion of Unit lA, it is ODOT's intent to jurisdictionally transfer that section of roadway to City/County. Upon completion of Unit 2, ODOT's intent is to jurisdictionally transfer to City/County that section of West 11th Avenue easterly from the new WEP connection near Goble Lane, to the junction of Beltline Highway and then northerly to the new interchange ramp connections, as described on Exhibit A, and by this reference made a part hereof. TERMS AND CONDITIONS 1. This MOU shall become effective when all required signatures have been obtained. 2. The terms of this MOU may be amended or terminated by mutual written consent of the parties. 3. The foregoing MOU is a non-binding proposal and is not and should not be construed as a commitment by any party. Notwithstanding the signing or delivery of the MOU, any past, present or future actions, or approvals by any party based upon this MOU, none of the parties is under any legal obligation with respect to the intentions outlined above and no binding commitment of any nature whatsoever will be implied. 4. This MOU is not intended to create a legally binding Agreement and is not a commitment by any party to jurisdictionally transfer or construct improvements to the West Eugene Parkway, Unit 1 or 2. The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program, or a line item in the biennial budget approved by the Commission. Signature Page to Follow Memorandum of Understanding, 21,844 Page 3 ODO T / City of Eugene / Lane County On September 16, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways to approve and execute agreements over $75,000 when the work is related to a project in the Statewide Transportation Program. STATE OF OREGON, by and through its CITY OF EUGENE, by and through its Department of Transportation designated officials By By Deputy Director, Highway Division Date Title APPROVAL RECOMMENDED Date By By Technical Services Manager/Chief Engineer Title Date Date By Approved as to form Right of Way Manager By Date City Legal Counsel By Date Region2 Manager LANE COUNTY, by and through its Date designated officials By By William A. VanVactor Area 5 Manager County Administrator Date Date REVEIWED FOR ODOT APPROVED AS TO FORM By Assistant Attorney General By County office of Legal Counsel Date Date Memorandum of Understanding, 21,844 Page 4 ODO T / City of Eugene / Lane County Agency contacts on next page Agency Contacts: City of Eugene: Lane County: Dennis M. Taylor William Van Vactor City Manager County Administrator City of Eugene Lane County 858 Pearl Street 3040 North Delta Highway Eugene OR 97401 Eugene OR 97408-1696 FUTURE JURISDICTIONAL To 17 So Ro Zl Wo, WoMo AUTHORITY FOR PROPOSED WEST EUGENE PARKWAY NO SCALE DR. AVE. I 2 FLORI ,7,E- _ _ _U_ N_I_T_ 1 M.P. 52.69 HWY. 069 =~_ __ AVE:. M.~ 062 M.P. 3.10 HWY. 062 O.D.O.T. JURISDICTION (EXISTING) _-::_-::_--:_-::_-:: ~ UNIT 1 JURISDICTION TO BE TRANSFERED TO CITY/COUNTY (FUTURE ALIGNMENT) ~ UNIT 20.D.O.T. JURSDICTION - WEST EUGENE PARKWAY (FUTURE ALIGNMENT) JURISDICTION TO BE TRANSFERED TO CITY/COUNTY JURISDICTION RETAINED BY CITY/COUNTY (FUTURE AL IGN~IENT) JUNE, 200zt