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HomeMy WebLinkAboutMOU re Juniper RidgeMisc. Contracts and Agreements No. 23966 For Recording Stamp Only MEMORANDUM OF UNDERSTANDING Between Oregon Department of Transportation, City of Bend, and Deschutes County Regarding Access to Juniper Ridge 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 Bend, by and through its elected officials, hereinafter “City”; and, Deschutes County, by and through its elected officials, hereinafter referred to as “County”, collectively hereinafter referred to as the “Parties”. RECITALS 1. It is the intent of the Parties to document in this Memorandum of Understanding (MOU) how best to coordinate Juniper Ridge access issues affecting the state highway system and County road system in and near Bend. This MOU is to guide further planning efforts; however, the MOU does not presuppose the outcome of any land use applications submitted to local jurisdictions. In particular, the focus of the MOU is on the affect of Juniper Ridge on US 97; but, there are several other closely related transportation studies and issues which must be considered including the potential affect of other areas proposed as part of the Bend Urban Growth Boundary (UGB) expansion, future plans for US 20, the NE Transportation Study, etc. 2. To facilitate the reading and understanding of this Agreement, the Definitions provided as Attachment 1 to this Agreement should be utilized. 3. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform. 4. ODOT’s primary goal is to protect and enhance the long term function of US 97 to safely and efficiently move traffic through Bend. ODOT’s secondary goal is to Memorandum of Understanding No. 23966 CITY/COUNTY/ODOT Page 2 ensure the Bend Parkway portion of US 97 continues to serve the community of Bend at an acceptable level of service. 5. The City’s overall transportation goal for Juniper Ridge and the north area of Bend is for a safe, efficient and balanced transportation network to serve the land uses in the Bend Area General Plan while providing a high level of access and mobility to Juniper Ridge and nearby residential and employment areas. The City’s specific transportation goal is to secure certainty on short, mid and long term access to Juniper Ridge from State and County transportation systems. 6. Deschutes County primary goal is to achieve an efficient, safe, convenient, and economically viable transportation system. The County will work to ensure traffic facilities function in a manner consistent with their current classification and their future classification as identified in the County TSP. 7. The intersection of US 97 at Cooley Road currently exceeds ODOT’s Volume to Capacity Standard of 0.80. During the peak hour, significant queuing occurs in both directions on US 97. In addition the intersection of US 97 and Robal Road is experiencing congestion and significant queuing. Both intersection sites have high accident rates and are in the top 5% accident sites on the state highway system. 8. The initial financial plan for the Long-term Improvement Project was focused on utilization of Oregon Transportation Investment Act (OTIA) III freight funds and earmarked for an interchange at Cooley Road and US 97. ODOT and the City of Bend committed $15 million and $5 million (up to $7.5 million) respectively to this interchange project. The Oregon Transportation Commission (OTC) requested that a transportation refinement plan be completed for the north end of Bend, prior to expending any funds for right of way, utilities or construction activities. In the fall of 2004 ODOT, in collaboration with Deschutes County and the City of Bend initiated the US 97 & US 20 Refinement Plant to address land-use and transportation mobility issues around the north end of Bend. The final report for the refinement plan was completed in May 2007 and will be incorporated into an Environmental Impact Statement (EIS) process estimated to be completed by fall 2010. 9. In June 2007, ODOT exchanged OTIA III Freight Funds to State Transportation Improvement Program (STIP) funds to improve the funding match and help ensure timely expenditure of the OTIA III Modernization program dollars within the program guidelines. The current STIP funding remains $15 million and will be placed in the developmental STIP program, identified for expenditure on the EIS study, initial right-of-way and utility relocation allocations. It is important to note that ODOT is currently experiencing a deficit in modernization funds and cuts to this and other projects may be needed to be address this deficit. Future funding for the balance of the phases of the Long-term Solution will be a key element of the project Memorandum of Understanding No. 23966 CITY/COUNTY/ODOT Page 3 financial plan. Potential contributors have been identified as: ODOT, City, County and private partners. 10. In 2000 the OTC designated most sections of US 97 from Madras south to California as an expressway. Conversion to an expressway facility will require eventual elimination of all direct, at-grade stop-signed and signal-controlled access to the US 97. Ultimately access to US 97 will be provided through a system of frontage roads and grade-separated interchanges. 11. Currently the City is constructing a three-lane improvement to Cooley Road that will begin a short distance east of the Burlington Northern Santa FE (BNSF) Railroad and extend east to 18th Street. The intersection at Cooley Road and 18th Street will be constructed as a multi-lane roundabout. City intends to construct this improvement before the Les Schwab corporate headquarters is occupied. 12. ODOT’s long term preference for the Cooley Road intersection with US 97 is that Cooley Road be grade-separated from any new US 97 corridor and the railroad, with no ramp connections between Cooley Road and the new US 97 corridor. 13. The City’s long term preference for the main connection from US 97 to Juniper Ridge is that it be provided by constructing a Middle Interchange north of Cooley Road and south of Deschutes Junction. The City’s preferred location for the Middle Interchange is a short distance northwest of the northwest corner of the current Urban Growth Boundary and Juniper Ridge. The City recognizes that planning for the Middle Interchange will have to be coordinated carefully with the North Corridor Project and that local street connectivity must be optimized prior to construction of the Middle Interchange. 14. All Parties understand that ODOT will not support the re-zone of any additional acreage of Juniper Ridge within the current UGB until the City has identified a design concept for the Mid-Term Improvement Project at US 97 and Cooley Road, including a funding obligation that is acceptable to ODOT and community stakeholders or until a Long-Term Improvement Plan and funding agreement for US 97 are in place. 15. All Parties understand that ODOT will not support a proposal to re-zone any additional Juniper Ridge acreage brought into the UGB as part of the UGB expansion until a Long term Transportation Improvement Plan and funding agreements are in place. The City may propose alternative plans for access to re- zone areas with identified funding strategies. 16. The City recognizes that access to existing and future businesses must be considered as the design concept is developed for the Mid-Term Improvement Project at US 97 and Cooley Road. Memorandum of Understanding No. 23966 CITY/COUNTY/ODOT Page 4 17. It is the intent of the Parties to enter into a subsequent Intergovernmental Agreement (IGA) that would legally bind the Parties and further identify and explain each Party’s obligations consistent with the terms of this MOU. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. ODOT and the City agree that the highest Juniper Ridge access priority for the Parties is to first address the urban portion of US 97 in the vicinity of Cooley Road. The initial focus will be the development and implementation of the Short-term and Mid-term Improvement Project mitigations. It should be noted that the Short-term Improvement may not be implemented dependent upon the timing of the Mid-term and Long-term Improvement Projects. The second focus is to have discussions with the County on the potential utilization of the current Deschutes Junction/US 97 Interchange, Deschutes Market Road, and other existing and planned local City and County road systems. The potential long term solutions that ODOT is evaluating to address congestion on US 97 have identified the potential to include one full or partial interchange between Deschutes Market Road and Empire Avenue to connect the extension of 3rd Street/Business 97 with a new US 97 alignment. If included, this connection may or may not provide access to Juniper Ridge. 2. The Bend MPO model predicts that multiple segments and intersections of both US 20 and US 97 (including the Bend Parkway) will not meet mobility standards by the horizon year of 2030. It is critical to identify ways to address this issue and meet mobility standards and/or develop alternative performance measures. Therefore, the Parties shall actively participate in and support a sponsored study of the Bend Parkway and directly related local street system in the vicinity of the Bend Parkway. One of the primary goals of this study will be to identify what combination of access management, ramp metering, local road improvements and other strategies will allow the Parkway to function safely and efficiently. 3. The Parties shall work closely to consider and analyze the feasibility of a new US 20 corridor or connections from the Sisters-Bend section of US 20 to US 20 east of Bend. 4. Given that the Mid-term Improvement Project will not provide a long term solution to transportation issues on US 97, the City agrees to work closely with ODOT to develop a strategy for funding and implementation of the Long-term Improvement Project. Memorandum of Understanding No. 23966 CITY/COUNTY/ODOT Page 5 5. This MOU shall become effective when all required signatures have been obtained and shall remain in effect until execution of an IGA that would legally bind the Parties consistent with the terms of this MOU, at which time this MOU shall automatically terminate, or five years from the execution of this MOU if the Parties fail to enter into an IGA. CITY OBLIGATIONS 1. City shall work with ODOT and Deschutes County to develop a Northeast Bend Transportation Study which shall analyze the transportation benefits of improvements to the City’s transportation grid system in this area. This study will be substantially completed by July, 2008. 2. City shall identify, develop, design, acquire right of way, implement any identified access management measures, and construct the Mid-term Improvement Project. City shall be responsible for funding 100 percent of the costs of the Mid-term Improvement Project (which may consist of any combination of City funds including funds collected as mitigation from developers for development impacts). City’s development and design work shall be closely coordinated with ODOT’s National Environmental Policy Act (NEPA) process on the Long-term Improvement Project and shall not bias, influence, preclude or predetermine alternatives to be considered in the NEPA process and the ultimate implementation of the Long-term Improvement Project. 3. As soon as sufficient design and traffic analysis is completed on the Mid-term Improvement Project, the City shall work closely with ODOT and County to determine appropriate amendment of relevant transportation plans as needed. 4. The City may pursue potential alternative transportation performance standards for OTC consideration. COUNTY OBLIGATIONS 1. County shall participate in the Juniper Ridge planning process, particularly as it pertains to Deschutes Market Road, Deschutes Junction interchange and the extension of 19th Street from Redmond south to Deschutes Junction. 2. As soon as sufficient design and traffic analysis is completed on the Mid-term Improvement Project to provide findings, the County shall schedule a public hearing to consider amending the appropriate transportation plans as needed. ODOT OBLIGATIONS 1. ODOT shall participate in the Juniper Ridge planning process. Memorandum of Understanding No. 23966 CITY/COUNTY/ODOT Page 6 2. In close coordination with City, County and the Bend MPO, ODOT shall complete the EIS for the Long-term Improvement Project by Fall, 2010. 3. ODOT shall provide timely response and comment on any conceptual design, preliminary design, and/or final design developed by the City for the Mid-term Improvement Project. 4. ODOT shall coordinate with the Federal Highway Administration (FHWA) to help ensure that the Mid-term Improvement Project has independent utility and is consistent with the NEPA process for the Long-term Improvement Project. GENERAL PROVISIONS 1. The terms of this MOU may be amended or terminated by mutual written consent of the Parties. 2. Any Party may terminate their participation in this Agreement effective upon delivery of written notice to the other Parties, under any of the following conditions: a. If any Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If any Party fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from ODOT fails to correct such failures within ten (10) days or such longer period as ODOT may authorize. c. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or ODOT is prohibited from paying for such work from the planned funding source. 3. The Parties intend that, if an impasse or disagreement should occur on issues pertaining to the MOU, a collaborative process will be initiated to resolve the difference. A collaborative process may be requested by any Party and will conform to the best practices for mediation, as prescribed by the Oregon Resolution Program. 4. 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 Memorandum of Understanding No. 23966 CITY/COUNTY/ODOT Page 7 intentions outlined above and no binding commitment of any nature whatsoever will be implied. 5. The Parties to this MOU are of equal authority. Each Party acts independently in the performance of its obligations and functions under this MOU and no Party is to be considered the agent of the other. 6. The Parties represent that this MOU is signed by personnel who have been authorized to do so by their respective agencies. Signature Page to Follow Memorandum of Understanding No. 23966 CITY/COUNTY/ODOT Page 8 IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year hereinafter written. CITY OF BEND, by and through its elected officials By ______________________________ City Manager Date ____________________________ By ______________________________ City Recorder Date ____________________________ DESCHUTES COUNTY, by and through its elected officials By ______________________________ Chair Date ____________________________ By ______________________________ Vice Chair Date ____________________________ By ______________________________ Commissioner Date ____________________________ APPROVAL RECOMMENDED By _____________________________ County Counsel Date ____________________________ STATE OF OREGON, by and through its Department of Transportation By _____________________________ Region 4 Manager Date ____________________________ \\sn-reg4hq-1\users\hwyr40g\Agreements\City\Bend\Bend\23966 Juniper Ridge MOU\23966 Final 01.10.08.doc ATTACHMENT 1 DEFINITIONS: Short-term Improvement Project - refers to the northbound right turn lane at the Cooley Rd intersection with US 97 and the westbound right turn lane at the Robal Rd intersection with US 97. These improvements were identified as mitigation for the zone change to accommodate the relocation of the Les Schwab corporate headquarters. Mid-term Improvement Project – refers to a project that would make capacity improvements at a new intersection of US 97 and Cooley Road to accommodate early access to Juniper Ridge until the Long-term Improvement Project can be implemented. Further analysis is needed to determine how much additional development (if any) this improvement could accommodate, its cost, etc. Long-term Improvement Project – refers to the US 97 Bend North Corridor Project which will provide a long term (20 year) solution for US 97 north of the Parkway between Deschutes Junction Interchange and Empire Boulevard Interchange. An Environmental Impact Statement (EIS) is currently being prepared for this project. Juniper Ridge – refers to a 1,500-acre property owned by the City of Bend, occupying a 2,700-acre triangle formed by US 97 on the west, Cooley Road on the south and Deschutes Market Road on the east. The City currently is negotiating a development agreement for the property with Juniper Ridge Partners, LLC. The first phase of development at Juniper Ridge is expected to include the 20-acre Les Schwab corporate headquarters site (currently under development) and at least 50 additional acres nearby. The next phase of development is expected to range from 200 to 500 acres. Refined phasing information for Juniper Ridge is expected to be available when the design concept is identified for the Mid-Term Improvement Project at US 97 and Cooley Road. Juniper Ridge Master Plan – refers to a conceptual development plan completed by Juniper Ridge Partners, LLC and their consultants in May 2007. It will be presented to City Council for acceptance but will not be an official land use document. Urban Growth Boundary (UGB) Amendment - Bend and Deschutes County are currently in the process of amending Bend’s UGB. This amendment is required under Oregon’s planning rules in order to provide adequate land to accommodate projected population and employment for a 20 year planning period. Metropolitan Transportation Plan (MTP) – The MTP is a federally mandated 20- year plan to assess the Bend Metropolitan Planning Organization’s regional transportation needs, identify gaps and list and prioritize projects and system management strategies for all regionally significant modes of transportation. A federally compliant MTP was adopted on June 27, 2007, by the MPO Policy Board. The MTP will be amended in the near future to reflect the proposed Urban Growth Boundary amendments that currently are in process and to comply with the Oregon Transportation Planning Rule. Northeast Bend Transportation Study (NE Transportation Study) - refers to a City of Bend Council initiated study that will measure traffic impacts from development at Juniper Ridge and elsewhere in the northeast area and alleviate the impacts of these developments on the City, County, and State transportation system. Middle Interchange – A new interchange on US 97 between Cooley Road and Deschutes Junction, as discussed in Recitals, Paragraph 11. City of Bend Transportation System Plan (TSP) – refers to a 20-year plan to assess the County’s transportation needs, identify gaps and list and prioritize projects and system management strategies for all modes. The TSP will be amended following adoption of the updated MTP to recognize subsequent Urban Growth Boundary amendments and other MTP/City TSP/County TSP coordination issues Deschutes County Transportation System Plan (TSP) - refers to a 20-year plan to assess the County’s transportation needs, identify gaps, and list and prioritize projects and system management strategies for all modes.