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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/23/2006 - NORTHERN COLORADO TRUCK MOBILITY STRATEGIES: FOLL DATE: May23, 2006 WORK SESSION ITEM STAFF: Mark Jackson FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Northern Colorado Truck Mobility Strategies: Follow up from February 28th Work Session. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED At the work session on February 28,2006,Council directed staff to develop ballot language options to amend the language contained within Ballot Initiative 200 (1999). Option I is a ballot measure that would amend Ballot Initiative 200 language to enable NEPA-level analysis of all reasonable alternatives. Option 2 is an alternative ballot measure that would allow the City to use remaining project funds (estimate $1.6 million dollars) for other transportation infrastructure uses, including needs in the North College Avenue area. In addition to these ballot language options, staff has developed another strategy, namely,requesting Larimer County and CDOT to sponsor this project for inclusion on the North Front Range Regional Transportation Plan. Staff met with the Board of Larimer County Commissioners, the Director of Colorado Department of Transportation (CDOT) Region 4,and representatives of the Council For a True Bypass(CFTB)on two occasions to discuss issues, concerns and positions. 1. Staff has developed ballot language Options per Council's February 28th request. Should the City pursue placing one of these options on the November 2006 election ballot? 2. Should Council direct staff to request that Larimer County and CDOT pursue placing this project on the Regional Transportation Plan in order to move this project forward and in the hopes of gaining a NEPA analysis at some future point? 3. CFTB has expressed to City officials a willingness to support future NEPA analysis of all potential routes including those located south of County Road 58. If the preferred route is located in an area prohibited by Ballot Initiative 200, CFTB recommends that Council then put a question on the ballot to see if Fort Collins voters would amend the restrictions contained in the 1999 Initiative. Does Council support this strategy? BACKGROUND Following Council direction at the February 28 work session, staff developed two ballot language options and one additional strategy designed to move this project forward in some meaningful manner. Project staff and the City Attorney have developed the following options for Council's J Y Y P g P consideration: May 23, 2006 Page 2 Option 1 —Ballot Measure Eliminating Prohibited Routes CITY-INITIATED ORDINANCE NO. AMENDING CITIZEN-INITIATED ORDINANCE NO. 142, 1999 An ordinance amending citizen-initiated Ordinance No. 142, 1999,which requires the City to pursue the relocation of the Colorado Highway 14 Truck Route to a location outside the City's Urban Growth Area boundaries,to eliminate the section of that ordinance that presently prohibits the City from considering any alternative location between Colorado Highway 14 and two miles north of Douglas Road, so that the City would then be able to cooperate with the Colorado Department of Transportation in sponsoring a study of all reasonable alternative routes in accordance with the National Environmental Policy Act of 1969. Option 2 — Ballot Measure Authorizing Remaining Revenues to be Used for Other Transportation Purposes CITY-INITIATED ORDINANCE NO. CHANGING THE USE OF FUNDS PREVIOUSLY EARMARKED FOR RELOCATION OF THE HIGHWAY 14 TRUCK ROUTE AND AUTHORIZING SUCH FUNDS TO BE USED INSTEAD FOR OTHER TRANSPORTATION CAPITAL PROJECTS An ordinance amending citizen-initiated Ordinance No. 142, 1999 so that approximately $1.4 million of revenues derived from the Building Community Choices quarter-cent sales and use tax, which expired December 31, 2005, shall no longer be used for purposes related to the relocation of the Colorado Highway 14 Truck Route but shall be used instead for such other Fort Collins transportation capital projects as may be determined by the City Council,including,but not limited to, street improvements to North College Avenue, city-wide intersection improvements, and bicycle/pedestrian facility improvements. Option 3 —No Ballot Measure Request of Larimer County and CDOT Following discussions with Larimer County Commissioners,CDOT and CFTB, staff developed an additional option that would allow necessary next steps to occur without violating Ballot Initiative 200. If Council feels it is important to work towards an eventual NEPA analysis,they can ask staff to request of Larimer County and CDOT that they pursue placing this project on the Regional Transportation Plan (RTP). Placing this project on the RTP is the next necessary step to ultimately studying this issue in a NEPA context. No location will be specified, pending the results of the NEPA Study. A cost estimate can be attached to give a relative sense of magnitude. The City of Fort Collins will support the need and benefit of reducing trick traffic along the existing SH-14 corridor,but will not take a formal position as to preferred location and no City funds will be used for NEPA. Following placement of the project on the RTP, the project will be prioritized by the North Front Range Metropolitan Planning Organization (MPO), and the NEPA analysis will be considered by CDOT when the project has risen to a level of importance warranting discussion of construction funding. May 23, 2006 Page 3 OUTREACH: Board of Larimer County Commissioners Staff met with the Board of Larimer County Commissioners (BCC) on May 9 to update them on project progress and to fulfill the request from CFTB that the City request the cooperation of Larimer County in solving the truck route question. Commissioners Wagner and Rennels were in attendance;Commissioner Gibson was absent but sent staffhis comments later that day.Attachment I details key points of this conversation. The BCC's maintains its 2001 position on this issue (Attachment 2). Staff posed two questions to the BCC: 1. Does the Board of County Commissioners support the effort to pursue the relocation of SH- 14 to a location in northern Larimer County in order to alleviate concerns of long-haul truck traffic through the Fort Collins Growth Management Area, per the geographic parameters dictated in Ballot Initiative 200? 2. Would the Board of County Commissioners support the effort to pursue the relocation of SH-14 to a location in northern Larimer County in order to alleviate concerns of long-haul truck traffic through the Fort Collins Growth Management Area, if all feasible route alternatives,including those contained within the Fort Collins GMA,were considered as part of a NEPA analysis? Both Commissioners Wagner and Rennels stressed that, in order for Larimer County to be a true partner with Fort Collins inthis effort,all options and alternatives must be considered notj�ust those in northern Larimer County. They believe it is not fair to only look at a portion of the options at the behest of Fort Collins. The Commissioners felt all alternatives should be considered. Commissioner Rennels stated this needs to be a "partnership on all levels." Commissioner Gibson felt the limits of the ballot language restricts further steps,and supports staff s efforts to date. The Commissioners suggested they would be amenable to a future NEPA analysis that examined all potential routes. Colorado Department of Transportation P P Staff met with CDOT Region 4 Director Karla Harding and key CDOT staff on May 9 to provide a project update, discuss CFTB's issues and position, and to get a clear picture of CDOT's stance on this issue. Attachment 1 details key points of this conversation. Similar to the Larimer County Commissioners, Ms. Harding clearly stated that CDOT's position has not changed on this matter. CDOT will not pursue this project or issue until such time as the City of Fort Collins and Larimer County can come to some agreement on the importance of this project and submit to the North Front Range MPO and/or Upper Front Range Regional Planning Council an earmarked project for inclusion in the Regional Transportation Plan(RTP). Following this,the MPO Council(s)must then agree to prioritize the project to a high enough level where discussions about construction funding take place. The federal government will not allow a NEPA study to proceed without a plan for construction money(due to the limited shelf life of a NEPA document). This means, in effect,the MPO must agree to divert funds from other currently prioritized RTP projects to elevate the Truck Route in priority. This issue simply is not CDOT Region 4's greatest need right now. The feel it P Y P Y � �' Y May 23, 2006 Page 4 is not worth undertaking without regional consensus. In their minds the road (SH-14) is safe and functional right now, with many higher priorities in Region 4. Other items of note and interest from the CDOT meeting: • Regardless of previous Fort Collins studies or alleged comments attributed to CDOT Executive Director Tom Norton, if a NEPA analysis were undertaken, the analysis cannot leave out potential alternatives. They must be examined per NEPA protocol. • Even if Tom Norton did say that Vine Drive was "not feasible,"it could not be taken off the list of potential alignments to be examined because of NEPA regulations. • Even if this project is put into the NFR RTP,there are so many other regional priorities that the NEPA analysis might be 10+years down the road. • Karla Harding stressed that, even if Larimer County and the City were to get on the same page on this issue, there are many, many more hurdles to overcome (e.g., regional prioritization, identification of construction funding, etc.) Council For A True Bypass Council asked staff to meet with the CFTB before returning to Council with ballot language options. Several communications took place between staff and management and CFTB representatives prior to this work session. 1. CFTB Letter to City Council and Management: CFTB submitted a letter on April 21 detailing their position regarding future steps in relocating SH- 14(Attachment 4). Contrary to statements made to Council by CFTB representative Dick Dunn at the February 28 work session,CFTB's letter reinforced its commitment to the original mandates and language of Ballot Initiative 200 and asked that Council direct staff to meet with Larimer County and request their cooperation in solving the truck route question. The letter opposed any attempt to violate the voter-approved vision of the 1999 Initiative. 2. Conference Call with CFTB Representative Dick Dunn: CFTB Representative Dick Dunn participated in a conference phone conversation with City Manager Darin Atteberry and Project Manager Mark Jackson on Tuesday,May 2 to discuss CFTB's letter to Council and their position. This discussion led to the scheduling of an additional face-face meeting with CFTB Representatives Dick Dunn and David Dwyer on Wednesday, May 10. 3. Meeting with CFTB Representatives: CFTB Representatives Dick Dunn, Kathy and David Dwyer, Prof. Maury Albertson, Swede Andersen, and Betty Aragon met with City Manager Darin Atteberry, Deputy City Attorney Paul Eckman,Transportation Services Director Ron Phillips,and Project Manager Mark Jackson for over two hours on May 10 to discuss in-depth CFTB's position on moving forward with the relocation of SH-14. CFTB agreed in principle to support a NEPA analysis with all potential routes examined, May 23, 2006 Page 5 but did not support a ballot measure amending Ballot Initiative 200 restrictions at this time. If a NEPA analysis resulted in a preferred route located in the area prohibited by Ballot Initiative 200 (south of County Road 58), they would support Council placing an item on the ballot asking Fort Collins voters to change the restrictions of the 1999 Initiative (but did not say whether they would support or oppose the measure). They hoped this would be enough to convince Larimer County to support moving forward with placing this project into the North Front Range Regional Transportation Plan. This is first necessary step in moving forward to a NEPA analysis. CFTB was to provide City Manager Atteberry with a letter formally stating their position as a result of this discussion. NEXT STEPS Staff feels there are two directions Council should consider: Ballot Options: Staff feels the only reason to go to the voters regarding this issue is if Council wishes to use remaining Truck Route funds for purposes other than those specified in Ballot Initiative 200. If so, then a version of Option 2 as presented in this report should be considered for inclusion on an upcoming ballot. Staff feels that pursuit of amending the ballot language as shown in Option 1 is inadvisable at this time, as it would likely be vigorously opposed by the CFTB. Request of Larimer County and CDOT: If Council feels it is important to work towards an eventual NEPA analysis, they could ask staff to request of Larimer County and CDOT that they pursue placing this project on the Regional Transportation Plan(RTP). Placing this project on the RTP is the next necessary step to ultimately studying this issue in a NEPA context. No location will be specified, pending the results of the NEPA Study. A cost estimate can be attached to give a relative sense of magnitude. The City will support the need and benefit of reducing truck traffic along the existing SH-14 corridor,but will not take a formal position as to preferred location and no City funds will be used for NEPA. Following placement of the project on the RTP, the project will be prioritized by the North Front Range Metropolitan Planning Organization(MPO)Council and NEPA will be considered by CDOT when the project has risen to a level of importance warranting discussion of construction funding. Council For A True Bypass Alternative: CFTB has expressed to City officials a willingness to support future NEPA analysis of all potential routes including those located south of County Road 58. If the preferred route, as determined by NEPA, is located in an area prohibited by Ballot Initiative 200, CFTB recommends that Council then put a question on the ballot to see if Fort Collins voters would amend the restrictions contained in the 1999 Initiative. Staff recommends against this strategy. This could be very risky. Delaying a vote until after the results of NEPA means that CDOT would agree to fund a very expensive, resource intense,complex analysis process with the caveat that Fort Collins voters may likely"veto' the preferred alignment should it fall within the areas prohibited by Ballot Initiative 200. May 23, 2006 Page 6 ATTACHMENTS 1. Staff Memo to Darin Atteberry summarizing discussions with BCC and CDOT. 2. October 11, 2001 letter from BCC to the City of Fort Collins expressing its position. 3. October 11, 2001 letter from CDOT to the City of Fort Collins expressing its position. 4. CFTB letter to City Council and City Management dated April 21, 2006. 5. CFTB letter to City Management dated May 15, 2006. 6. Powerpoint slides. ATTACHMENT Transportation Services Transportation Planning City of Fort Collins MEMORANDUM DATE: May 9, 2006 TO: Darin Attebeny, City Manager FROM: Ron Phillips, Transportation Services Director Mark Jackson,transportation Planning&Policy Director RE: Update: Truck Mobility Meetings with Larimer County Commissioners and CDOT Region 4 Staff City of Fort Collins staff met with the Board of Larimer County Commissioners as well as the Colorado Department of Transportation(CDOT)Region 4 Director and key Staff on May 9'"to j discuss issues and gain feedback from each agency as to their position on the relocation of State Highway 14 as it relates to the Truck Route Ballot Initiative 200.This memo serves as a brief update on these meetings with Larimer County Board of County Commissioners and CDOT's Karla Harding and Staff: Ron Phillips and Mark Jackson appeared before the Board of County Commissioners this morning during their Administrative Matters session. Staff had prepared and submitted to them a packet of materials and information last week in anticipation of this meeting. Commissioners Wagner and Rennels were in attendance; Commissioner Gibson was absent but submitted his comments to Staff later. Staff posed the following two questions to the BCC: • Does the Board of County Commissioners support the effort to pursue the relocation of SH-14 to a location in northern Larimer County in order to alleviate concerns of long- haul truck traffic through the Fort Collins Growth Management Area, per the geographic parameters dictated in Ballot Initiative 200? • Would the Board of County Commissioners support the effort to pursue the relocation of SH-14 to a location in northern Larimer County in order to alleviate concerns of long- haul truck traffic through the Fort Collins Growth Management Area, if all feasible route alternatives, including those contained within the Fort Collins GMA, were considered as part of a NEPA analysis? Both Commissioners Wagner and Rennels stressed that in order for Larimer County to be a true partner with Fort Collins in this effort,all options and alternatives must be considered, not just those in northern Larimer County. It was not fair to only look at a portion of the options at the behest of Fort Collins. The Commissioners felt that voters should be posed with the question of whether all alternatives should be considered. Commissioner Rennels stated that this needs to be a "partnership on all levels." Commissioner Gibson felt that the limits of the ballot language restricts further steps, and supports Staff's efforts to date. Later on Tuesday, Mark Jackson met with CDOT Region 4 Director Karla Harding and several of her key management staff to ascertain if CDOT's position had changed since their 2001 memo to Truck Route Update memo May 9`h, 2006 Page 2 of 2 the City. Similarly,Ms. Harding clearly stated that CDOT's position has not changed on this matter. CDOT will not pursue this project or issue until such time as the City of FC and Larimer County can come to some agreement on the importance of this project, and submit to the North Front Range MPO and/or Upper Front Range Regional Planning Council an earmarked project for inclusion in the Regional Transportation Plan(RTP). Following this, the MPO Council(s)must then agree to prioritize the project to a high enough level where discussions about construction funding take place. The federal government will not allow a NEPA study to proceed without a plan for construction money(due to the limited shelf life of a NEPA document).This means in effect that the MPO must agree to divert funds from other currently prioritized RTP projects to elevate the Truck Route in priority.This issue simply is not CDOT R4's greatest need right now.They feel it is not worth undertaking without regional consensus. In their minds the road(SH-14)is safe and functional right now,with many higher priorities in Region 4. Other items of note and interest from the CDOT meeting: • Regardless of previous Fort Collins studies or alleged comments attributed to CDOT Executive Director Tom Norton, if a NEPA analysis were undertaken, you cannot leave out potential alternatives. They must be examined per NEPA protocol. • Even if Tom Norton did say that Vine Drive was "not feasible," it could not be taken off the list of potential alignments to be examined because of NEPA regulations. • Even if this project is put into the NFR RTP, there are so many other regional priorities that the NEPA analysis might be 10+years down the road. • Karla Harding stressed that even if Larimer County and the City were to get on the same page on this issue,there are many, many more hurdles to overcome(e.g. Regional prioritization, identification of construction funding, etc.) Staff is available to answer questions or provide additional information. Cc: Frank Lancaster, Larimer County Manager Neil Gluckman, Assistant Larimer County Manager Marc Engemoen, Larimer County Public Works Director Glenn Gibson,BCC Kathay Rennels, BCC Karen Wagner, BCC Karla Harding, CDOT Region 4 Director Rick Gabel, CDOT Region 4 North Program Engineer Stan Elmquist, CDOT Region 4 Myron Hora, CDOT Region 4 Carol Parr, CDOT Region 4 ATTACHMENT OCT-15-2001 MON 08:47 AM TRANSPORTATION SERVICES FAX NO, 9702216239 P. 02 tAPJMER BOARD OF COUNTY COMMISSIONERS COUNTY Fog uxaea Bw 1190 Fort Co",Cdomdo$0522-1190 (970)A96&7010 Fax(970)489-7006 October 11,2001 Mr.Mark Jackson City of Fort Collins Transportation Planning P.O.Box 580 Fort Collins,Colorado 80522-0580 Re: Northern Colorado Truck Mobihty,Ntate Highway 14 Relocation Study Dear Mark The Board of County Commissioners received your letter dated September 25,2001 requesting direction regarding the analysis and reconendations of the Northern Colorado Truck Mobility/State Highway 14 Relocation Study. You have asked us whether one of the alternative routes considered in the study appears more feasible than the others and whether any of the alternative routes should be carried forward to the next level of analysis, You have also asked whether the Board of County Commissioners supports a relocation of State Highway 14 to a location in northern Lara rrer County outside of the Fort Collins growth management area(GMA). At this time, the Board of County Commissioners does not believe it is appropriate to express a preference for any of the alternative routes developed by the study. We believe the study was limited to only a portion of the potential alwmatives to the current situation—chose alternatives in northern Latimer County outside the Fort Collins GMA. The study does not compare any of these alternatives to alternatives within the GMA such as modifications of the existing route,Vine Drive,Douglas Road,or the development of a new route south of County Road 58. We canna support further analysis of one of the limited number of alternatives because to do so would presume that none of the alwmatives that were excluded from consideration in the study would be feasible or preferable. The Board of County Commissioners is not prepared at this time to support the relocation of State Highway 14 to a location in northern Latimer County. Again,to do so would presurne that all alternatives to a route in northern Larimer County have been thoroughly analyzed and found to be infeasible,and we do not believe that such a finding has been made. We appreciate your efforts to make us aware of the analysis and recommendations of the study. We look forward to the opportunity to have our assessment of the study included in the final report. Sincerely, THE BOARD OF COUNTY COMMISSION>ERS Ka~tliay Rennels 7 Chair j PRINTER ON RECYCLEO PAPER ATTACHMENT STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 1420 2r°Street Greeley,Colorado 80631 (970)353-1232 Northern Colorado Truck Mobility( October 11,2001 SH 14 Relocation Study Mr.Mark A.Jackson Project Manager City of Fort Collins—Transportation Services P.O. Box 580 Fort Collins,CO 80522-0580 Dear Mr.Jackson: On September 26, it was a Measure for my staff and 1 to discuss the"Northern Colorado Truck MobilitylSH 14 Relocation Study'with you and Mr. R. A. Plummer(PBS&J consultant staft). it was very apparent that the consultant team,you,and your staff have conducted some valuable,in-depth studies of various alternatives. This was a good opportunity to see the evaluation materials and consider your request for input,as outlined in your September 26,2001,letter to me. Of particular interest and concern to CDOT would be the various alternative routes for relocating State Highway 14. It is my opinion that to find consistency between a pro- posed"'SH 14 Relocation"project and the long-range statewide transportation plan,and then move toward implementation,it will eventually be necessary for the City of Fort Collins to: 1. Reach Agreement with Lorimer County about a Preferred Solution and its Priority: We are anticipating that the City may request state and federal funds to be programmed for implementation of one of the various alternatives or for some other non-monetary action to be taken by CDOT. If so,CDOT will need to be shown that the City and County have reached agreement on a desired solution, at least in concept. It is nay view that the best way to show CDOT that local governments agree on a proposed solution is to take it through CDOT's Project Priority Programming Process and find success at assigning it a high priority in the financially-constrained 20-year regional transportation plans of both the Upper Front Range and North Front Range Transportation Planning Regions. It would seem helpful toward reaching success if a certain level of agreement about the proposed solution could be reached first between the City and Latimer County prior to submitting the project for the consideration of the two Regional Planning Commissions. The involvement of both Regional Planning Commissions seems imperative because many of the proposed solutions are located in the Upper Front Range TPR while many of the problems exist in the North Front Range TPR. 2. Recognize CDOT's Policies on the Environment and Quality of Life: CDOT's policy on the environment says that with the active participation of the general public,fed- eral,state and local agencies,we will objectively consider all reasonable alternatives to avoid or minimize adverse impacts. The analyses performed during this most recent study provide decision makers with valuable insights about various alternatives north of Latimer County Road 58, However, in order for CDOT to take action on any particular alternative and accept any assessment of its envi- ronmental impacts under the provisions of the National Environmental Policy Act(NEPA)the various Mr.Mark A. Jackson Northern Colorado Truck MobilityiSfl 14 Relocation Study Weber 11, 2001 Page 2of3 alternatives north of Larimer County Road 58 would need to be compared to a "no action"alternative and to any other reasonable alternatives which might exist on routes or in corridors south of Larimer County Road 58. including potential improvements to the existing SH 14 and US 287 routes. 3. Address CDOT's Policy on New or Improved Interchanges: If the City pursues the implementation of any of the alternatives which would relocate the SH 14 route and require a new interchange or modification of an existing interchange on Interstate 25,CDOT's Policy Directive No. 1601,the"Interchange Approval Process,"must be followed. The concerns noted in Items I and 2 above would each be addressed in various ways as part of this process. Also included in this process would be a comparison to long-standing guidelines for desirable and miW- mum interchange spacing on Interstate Highways. 4, Address Guidance on "Growth in the State Transportation System": The 2020 Statewide Transport tion Plan: Investing in Colorado's FjLgg , which was completed in November 2000 by CDOT,includes guidance by the Colorado Transportation Commission which states that, "Additions to the state system are contingent on the availability of funds,an exchange of facilities with local governments or partnerships with public and private entities. Any additions to the state system must be consistent with the role and function of the state highway system." Essentially, this means that the Transportation Commission will avoid the addition of centerline miles to the state highway system unless a comparable number of miles can be removed from some other part of the system As an example,when Longmont decided to pursue the construction of a new southeastern bypass and requested that it eventually be designated as State Highway 11.9,similar mileage of exist- ing Sit 119 on the Yd Avenue route was designated to be transferred to the local (Longmont)street system upon completion of the bypass, At this time,without the benefit of an Environmental Assessment or Environmental impact Statement, making any statements or comparisons about the feasibility to implement any of the various alternatives would be premature. Thank you for the opportunity to comment on this important study. Sincerely, Karla Harding Region Transportation Director ICH:soc Attachments cc: (see distribution on next page) Mr. Mark A.Jackson Northern Colorado Truck Mobility/SH 14 Relocation Study October 11,2001 Page 3 of 3 cc: Charles Archibeque—Transportation Commissioner(District 5) Glen Gibson--Larimer County Commissioner Mike Geile--Chair,Upper Front Range RPC Kathy Gilliland—Chair,NFRT&AQPC C1iffDavidson---Executive Director,NFRT&AQPC J. Unbewust--Chief Engineer D. Hopkins/N. Shanks—CDOT Public Information Office V. Brown—Policy Office J. Finch---CDOT DTD R. Gabel D.Davis R. Garcia File: Elmquist'Myers via Manuel ATTACHMENT Council For A True Bypass RFC Fort Collins, Colorado 80521 APR 2 ana9e lees April 21,2006 � S Office Fort Collins City Council Doug Hutchinson, Mayor Ben Manvel, Councilmember Karen Weitkunat,Councilmember Diggs Brown, Councilmember Kurt Kastein,Councilmember Kelly Ohlson; Councilmember David Roy, Councilmember Mr. Darin Atteberry, City Manager Mr. Ron Phillips, Director of Transportation Mr. Mark Jackson, Transportation Planner Dear Mayor Hutchinson, Ms. Weithmat and Gentlemen: With regard to the Fort Collins Truck Bypass,the CFTB leadership has discussed the current proposals communicated to us by the City. We appreciate the opportunity to dialogue with the City Council and the City staff on these matters. Although many opportunities for progress in finding a truck bypass solution seem to slip through our fingers, we remain optimistic and vigilant, and hope that a long-term solution can still be achieved. In 1999, Ballot Initiative 200 (the"Ordinance") passed by the largest margin(66%)in the history of Fort Collins elections. We and thousands of citizens strongly support the implementation of the Ordinance. It is very important to our constituents and to us that the meaning and spirit of the Ordinance as approved be honored. As way of background for those Councilmembers and staff who are new to these issues we enclose a copy of Mr. David Dwyer's letter of November 30, 2001, which was provided in response to a question from the City about the intent of the Ordinance. j With regard to the present discussion, we hold the following views and make the following recommendations: 1. Without commenting on the effectiveness of the efforts to pursue non-route based strategies to encourage trucks to remain on the Interstate system, we would agree that further efforts and expenditures would not be an efficient use of the funds remaining. (Section 2 of the Ordinance) 2. We further support renewed efforts by the City to ask for the County's cooperation in solving the truck route question. We believe this directive was not properly or wisely pursued during the past 15 years, yet it offers the best hope for a solution that permanently solves the problem. As far back as 1991-92, City Council directed staff to April 21, 2006 Page 2 of 2 pursue a bypass route north of the City. Yet, hundreds of thousands of dollars as well as countless transportation and other staff hours were spent in 1997-98 on a resurrection of the Vine Drive concept, which City Council eliminated in 1991-92. With the pending Glade Reservoir being seriously.considered, it would seem to be a particularly opportune time to provide access to north 287 from I-25 north of the City of Fort Collins. We stand by the Ordinance and would oppose any attempt to violate its voter-approved vision. 3. We were advised in 1998 by CDOT Executive Director Mr. Tom Norton that Vine Drive is not a'reasonable route for the truck bypass or route through the City. Further, City Transportation Staff acknowledged in 1998 that other routes north of Vine within the UGA were not feasible or reasonable. Hence, our position is that Vine Drive and other routes in the UGA should not and could not be considered in a NEPA study of available reasonable routes. We urge Council to once again confirm to the City Staff this view as Staff.initiates the process of requesting the NEPA Study of reasonable routes identified north of the UGA. The CFTB respectfully requests the City Council to instruct the Mayor and City Manager to: "Formally approach the Larimer County Commissioners to request their agreement that a NEPA Study is likely the next step in the relocation of the truck bypass. With agreement by the Latimer County Commissioners, both entities can then request CDOT to conduct an independent NEPA Study with consideration given to relocating State Highway 14 to a reasonable bypass route that will conform to the City of Fort Collins Ballot Initiative 200. When a NEPA Study recommends a State Highway relocation outside the Fort Collins UGA, the balance of the truck route funds (approximately$1.7 million)will be earmarked for acquiring right-of-way and planning." (It is understood that the City would not pay for the NEPA Study.) Although we do not believe at this time any more money should be spent on hiring outside consultants, we support the concept that the remaining funds in `Building Community Choices" Capital Improvement Program earmarked for this project will be dedicated to serious and fruitful furtherance of Sections 1 and 3 of the Ordinance. Sincerely yours, Mr. Swede Anderson Mr. Dick Dunn Ms. Betty Aragon Dr. Maury Albertson Ms. Kathy Dwyer Ms. Judy Dunn Ms. Margaret Guzman Out of town and didn't et to read letter,but verbally has expressed Y P( g support for this position.) Mr. David Dwyer CITIZENS FOR.A TRUE BYPASS RECEW. P. O. Drawer J Fort Collins,Colorado 80522 NOV 3 0 2001 November 30, 2001 CR Al 1v HNEN � Members of City Council 1 71 City of Fort Collins Fort Collins,Colorado 80521 Stephen A. Roy, Esq. City Attorney City of Fort Collins Fort Collins,Colorado 80521 Re: Truck Bypass Ordinance Ladies and Gentlemen: It has come to my attention that questions have been asked and comments made by members of the City Council and staff members that may be aided by clarification as to the meaning and intent of the truck bypass Ordinance (Ballot Issue #200) that was adopted by the City electorate on November 2, 1999, a copy of which is attached. The electors of Fort Collins adopted this Ordinance into law as a result of an overwhelming 66% majority votc. This is the largest margin of approval of any issue ever voted on in the City and was approved in every precinct in Fort Collins. The task at hand is to implement the Ordinance in accordance with its meaning and the City government's legal and ethical obligations to uphold and enforce the laws of the City. As an author of this Ordinance, 1 gathered the intentions and goals reflected in the Ordinance from various interested parties, including members of the City's staff. As a result, the Ordinance was drafted to reflect this intent. So that there will be no misunderstanding as to the intent of the Ordinance, this letter will express that intent. References below are to sections of the Ordinance. Section 1. The intent of this section is to encourage the City, particularly its staff, to work hand in hand with the County and other affected parties to relocate the truck route as soon as possible. Another intent of this Section is that the City and its staff do everything possible in the near future to create a truck bypass by taking a leadership role in solving a regional transportation need. The populace passed the Ordinance at a time when the City's transportation department was most anxious to move the route and had selected Vine Drive as their preferred location. Staff was citing many reasons why this was critical. Since then and at a cost of approximately $400,000, City staff and a consulting firm have studied the issue for two years and, contrary to the scope of work requested by the City and the purpose of the Ordinance, the consulting firm and City staff have not yet selected a route. Section I does not impose a time November 30, 2001 Page 2 of 4 limit for such required work. The clear intent is that such effort will be pursued until the goal of route selection and relocation is accomplished. If financial constraints prevent the building of such a route in the near term, the designation of a route and acquisition of right of way would still be expected to occur in a timely manner to the extent possible with exiting and future funding. Section 2. Because some people believe the logical solution to the truck issues in Fort Collins is to encourage through truck traffic to remain on the Interstate system, Section 2 was included as a means of directing the City to pursue such a solution. The provision requires the City to "cause by all reasonably available legal means" trucks to stay on the Interstate system. which could include such activities as proposing and actively lobbying for state legislation to this effect, engaging in a marketing campaign, strictly enforcing municipal laws that penalize unauthorized use by trucks of non-through truck route streets, strictly enforcing existing speed, traffic control and weight limitation laws and all other steps that a staff intent on implementing the Ordinance could certainly devise. To my knowledge, the City has not vet taken any significant steps along these lines in the intervening two years since the Ordinance was adopted into law. Despite this, City staff members currently working on the project have, expressed optimism that Non-Route Based Strategies developed during the study will be effective. Section 3. The intent is for the City to pursue with other involved parties a funding plan to implement a relocated truck bypass mute. There are no limitations on time or effort for this activity. The intent of Section 3 will be fulfilled when the funding is secured, whether that takes 12 months or 22 years. There is clearly no intent to limit such efforts to funds in the Building Community Choices Capital Program. The goal of this section is for the City to identify possible funding sources and to aggressively pursue funding for this project so that the ever increasing through traffic (roughly 1,0M large trucks and thousands of cars and smaller trucks daily) will not continue to pass through Fort Collins. In the process of researching this ballot measure, it became apparent that construction funding is not generally preexisting for this type of project but rather is obtained after the selection of the route. Section 4. This section authorizes and directs the use of funds remaining in the Building Community Choices Capital Program to be used in furtherance of the purposes of Sections 1, 2 and 3 of the Ordinance. All parties involved realize that the approximately $3 million in such fund as of the time of the election, plus accrued interest thereon, will be inadequate to achieve all goals of the Ordinance. Rather, such funds were intended as seed funding to start the project. The intent is certainly not to limit the work on this project to such funds. Among the anticipated uses include completion of the necessary studies, implementation of strategies and acquisition of right of way to the extent money is available. This section is enabling not limiting. Section 5. The intent of this section is to focus the City on a true bypass location outside of the City and at least two miles north of the northern boundary of the City Urban Growth Area ("UGA"). This section addresses the fact that (1) within the prior seven years (1992-1999), two City Councils voter) down on three separate occasions a truck relocation within the UGA and (2) November 30,2001 Page 3 of 4 although City staff was directed after the first City Council vote to find a route outside the City; after a few years of iron-activity the staff again proposed intra-City routes. By considering both the rejection of the use of all routes within the region of Vine Drive by two City Councils and the City staff's arguments during previous studies that routes other than Vine Drive within the UGA are clearly unacceptable, the bypass region was defined as being at least 2 miles north of the northern UGA boundary. Section 5 was included so that the City's staff would understand the citizens' desire was that staff abandon the idea of moving the existing truck route to a location within the UGA. and begin working earnestly towards a tare bypass. The intent of the Ordinance is to focus attention on securing now a bypass route and related right of way so that when the northern bypass is needed and funding is available, which population and traffic growth projections show to be the case, the City, County and CDOT will be in a position to provide for this important conduit through our region. This provision has no time limit and will remain effective regardless of the level of activity on the bypass project. Sections 6 and 7. These sections are typical for ordinances. Presumably their intent is clear. NEPA Study. Recent discussions have occurred regarding the need for a NEPA study and whether this may occur within the parameters of the Ordinance. During meetings in late 1999 and early 2000 with the City Manager, the Director of Transportation Planning and others people regarding the project work in light of the Ordinance, none of the City personnel ever indicated there would he a problem regarding the required NEPA study. No NEPA study was performed in connection with the 1998-99 Balloffet study. Yet City staff had then selected and strongly urged Council to approve Vine Drive as the route. Furthermore, during its formal presentation just prior to the Council vote in June 1998 rejecting the use of Vine Drive, the City's Director of Transportation Planning informed City Council that the staff was ready to proceed within two weeks with the acquisition of the Vine Drive right of way. At that time, the City was most willing to select a route and acquire right of way prior to the required NEPA study. The Ordinance anticipates that the City will follow the same procedures in achieving the goal set forth by the City's residence in approving the Ordinance. Once the City and County agree on the best route(s) within the designated area as prescribed by the Ordinance and wish to move forward, which will require additional discussions among present and future City and County elected leaders until agreement can be reached, CDOT or other appropriate governmental entities may request, participate in or fund as necessary the successful completion of the project, including the NEPA study. Of course, as all informed parties involved already know, until such routes are selected, any discussion or pursuit of a NEPA study is premature. The intent of the Ballot measure was for the City and its partners to select and construct the bypass in the designated area described in the Ordinance. To the extent that achieving this objective requires studies encompassing all feasible routes (including those within the UGA), the City is not restricted from allowing the NEPA study to go forth. The November 30, 2001 Page 4 of 4 City does not perform the NEPA study. It is expected that City staff would exercise all reasonable effort during the NEPA process to document any and all foreseeable current and future negative impacts of the use of routes within the UGA. Finally, the Ordinance sets forth the goals of the City regarding the bypass project, and it is contrary to the intent of the Ordinance and improper for Council to reconsider the directives contained in the Ordinance. Council's role is to provide leadership and hold the City's management accountable to implement the law of the City as embodied in the Ordinance. The City's managers promised they would do so after the November 1999 election. The Ordinance directs the City's vision towards long-range solutions, rather than shortsighted and less than optimal planning_ A goal of the Ordinance is that a truck bypass route will be designated and right of way will be obtained now before the areas involved experience substantial growth. The Ordinance seeks to solve a growing problem by taking action before it is too late and with a solution for which the City's residents have expressed their approval. The fact that the study team selected by staff for this first phase has not gained the confidence or support of the County government, which may not fully appreciate that it represents all people of Latimer County, whether inside or outside of municipal boundaries, simply means that more work is needed by the City to accomplish the important goals of the Ordinance. As persons present ideas and comments to or within Council and as a means of furthering the intent of the Ordinance, we suggest Council ask a simple,but fundamental,question: "Is this person trying to move the bypass project forward as the people overwhelmingly urged by adopting the Ordinance, or is this person attempting to thwart the law enacted by the Ordinance." Yours very truly, David E. Dwyer cc: Mr. John Fischbach ATTACHMENT 5 Council For A True Bypass Fort Collins, Colorado 80521 May 15, 2006 Mr. Darin Atteberry, City Manager Mr, Ron Phillips, Director of Transportation Mr. Paul Eckman, City Attorneys Office Mr. Mark Jackson, Transportation Planner Dear Gentlemen: The CFTB leadership appreciates the helpful meeting and open dialogue we had with you on May 10. We particularly appreciated the thoughts expressed by Mr. Atteberry in proposing solutions that could lead to a process that would eliminate our concerns of a premature or unnecessary election before meaningful and reasonable alternatives are known. As we discussed the information exchanged at that meeting, we concluded that we have several unanswered questions and a need for a greater understanding of some of the general statements made by Ron and Mark, particularly as those comments concerned the County's position and the NEPA study. We also need to resolve some questions we have about the process, scope and timing of the NEPA study discussed at the meeting. In that regard and with our previous experience regarding information received from the City Transportation staff we plan to research on our own these questions. We take seriously our responsibility to the citizens of our community who voted on Ballot Issue 200 and until we are able to clarify these issues, it is not possible for us to give you a definitive statement regarding our position on your proposed broad scope of the project and NEPA study. We will attempt to get those questions answered in a timely manner. However, we want you to know we will be unable to meet your May 23 meeting deadline. We will be in touch as soon as possible. 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