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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2001 - RESOLUTION 2001-169 APPROVING THE FINDINGS AND REC AGENDA ITEM SUMMARY ITEM NUMBER: 32 FORT COLLINS CITY COUNCIL DATE: December 18, 2001 STAFF: Mark Jackson SUBJECT: Resolution 2001-169 Approving the Findings and Recommendations of the Northern Colorado Truck Mobility/SH-14 Relocation Study in Fulfillment of Ballot Initiative 200 (1999) Mandates. (Options A and B) RECOMMENDATION: Staff recommends adoption of the Resolution (Option A). Staff further recommends that City Council authorize the City Manager to utilize a portion of remaining project funds as deemed appropriate to implement those non-route-based strategies identified in the Final Report. FINANCIAL IMPACT: There is approximately $2.5 million remaining in the Building Community Choices account earmarked for this project. It is recommended that an appropriate portion of these funds be used to implement the non-route-based strategies to encourage interstate trucks to use the I-25/I-80 routes rather than SH-14/US-287. EXECUTIVE SUMMARY: The Northern Colorado Truck Mobility/SH-14 Relocation Study is now complete, finalizing the analysis as mandated by Ballot Initiative 200 (1999) language. As specified within the ballot language,this project has examined three key issues germane to through truck travel in Fort Collins and Northern Latimer County: 1. Non Route-Based Strategies intended to encourage through truck traffic to use the Interstate 25/Interstate 80 route as opposed to the SH-14/US-287 currently favored by some truckers. 2. Analysis and identification of an alternate route for SH-14,located a minimum of two miles north of Douglas Road. 3. Funding mechanisms that could be used to fund items I and 2. DATE: December 18, 2001 i 2 1 ITEM NUMBER- 32 Following are the findings for each of these key areas. Project Findings Recommended non route-based strategies include: • Marketing committee to develop key messages and prioritize media for long haul trucking firms, encouraging long-haul,through trucks to use the Interstate 25/Interstate 80 network as opposed to SH-14/US-287 through the Fort Collins area. • A regional incident management study. • Conduct workshop with local law enforcement regarding muffled, compression brake law enforcement. • Assess potential for future redesignation of SH 14 if a reasonable new alternate route is constructed. • Continue existing enforcement of speed limits, random mobile weigh station inspections, and enforcement of the five-mile radius requirement for trucks to clear the Port of Entry. • If implemented, establish a mechanism to measure the effects that the strategies have on moving truck traffic to the Interstate. • Further assessment of local and regional truck operations in Fort Collins. • Investigate establishing control of local roadways to prohibit truck traffic. Alternate route consideration/recommendations include: • The Northern Colorado Truck Mobility/SH 14 Relocation Study has completed a comprehensive analysis of potential alternate routes a minimum of two miles north of Douglas Road. • There is a requirement for more detailed analysis to assess the potential impacts of the remaining alternate routes. The more detailed level of analysis necessary is an environmental analysis based on National Environmental Policy Act(NEPA). ■ This level of analysis is required based on the need for funding from a federal source. ■ A NEPA analysis requires that all reasonable alternatives be considered including a no- action alternative. This may mean that potential routes south of the County Road 58 boundary requirements of the Northern Colorado Truck Mobility/SH 14 Relocation Study will need to be included. ■ There is an apparent conflict between the language of Ballot Initiative 200(1999)and the requirements of NEPA that would need to be addressed by the City of Fort Collins and Latimer County. • Three corridors have been identified within the planning area that need to be considered among the "full range of alternatives" in the NEPA analysis (CR 70/72, CR 66, CR 58). DATE: December 18, 2001 3 I ITEM NUMBER: • Moving forward toward an alternate route solution requires full cooperation of CDOT,Larimer County, and Fort Collins. • Joint submission of the project to Upper Front Range Regional Planning Commission and the North Front Range Transportation and Air Quality Planning Council by Larimer County and Fort Collins would be a likely first step to have an alternate route considered for inclusion in their respective Regional Transportation Plans. • To solidify support for the pursuit of an alternate route, CDOT's Project Priority Planning Process should be used including establishing the project as a high priority in both the Upper Front Range and North Front Range Transportation Planning Regions Funding Mechanisms Analysis: Potential funding mechanisms,including specific issues and constraints from federal,state,regional, county, local, and public-private ventures, have been identified. BOARD RECOMMENDATIONS Transportation Board voiced strong support for the implementation of the recommended non-route- based strategies at its November 14, 2001 meeting (Attachment 1). The Air Quality Advisory Board also felt that it was best to encourage trucks to stay on the interstate system(Attachment 2). OPTIONS Two optional versions of the Resolution have been provided for Council's consideration. Option A would essentially call a halt to any further efforts to pursue the relocation of the Truck Route unless and until CDOT, the City and Larimer County are able to agree upon the scope of a NEPA assessment of the alternative routes. Under Option A,the City Manager is directed to meet at least annually with CDOT and Larimer County in an attempt to negotiate an agreement with regard to a NEPA study. Option B adds an additional requirement that the City Manager work cooperatively with Larimer County to identify and submit to the Council a joint recommendation as to which alternative routes identified by the City appear to be most feasible, so that the City Council can forward that recommendation to CDOT for fiuther consideration. Both options accept the Plan and adopt the findings and recommendations contained in the Plan. They also direct the City Manager to further pursue the implementation of the non-route based strategies identified in the Plan to the extent that such strategies are designed to encourage truck traffic without local business in the City to use the existing U.S. Interstate Highway System. Staff recommends the adoption of Option A of the Resolution. Transportation Services ATTACHMENT 1 Transportation Planning Citv of Fort Collins MEMORANDUM DATE: November 28, 2001 TO: Mark Jackson, Transportation Planning FROM: Don Bachman, ` r7 Transportation Policy and Budget Manager SUBJECT: Transportation Board Northern Colorado Truck Mobility/SH-14 Relocation Study At the monthly Transportation Board meeting held November 14, Transportation Planning staff and the project consultant presented an update of the Northern Colorado Truck Mobility Study/SH 14 Relocation Study. The report included descriptions of the route alternatives and non-route based strategies,the public and public agency input, and possible next steps. At the conclusion of the staff report the Board voted unanimously to recommend that the City pursue the non-route based strategies for reducing truck traffic through Fort Collins. The Board emphasized in its action that these efforts should be funded adequately to assure success over three to five years,with evaluation measures defined to determine the program's effectiveness. cc: Ron Phillips Gary Diede Randy Hensley '_ ��:orcn,Lyon • FirstFiacr • . .3ox�60 - Fort Coilins,CO80K2-0550 - (970) Z4-b058 - F.�ti970tL1-o:av ATTACHMENT Community Planning and Environmental Services %J yiaturai Resources Department (ION C"WIM C''t-; o Fort Collins MEMORANDUM Date: November 28, 2001 To: Mark Jackson, Transportation Planner From: Brian Woodruff, Environmental Planner Subject: AQAB input on Northern Colorado Truck Mobility Study Members of the Air Quality Advisory Board (AQAB) asked me convey their comments on the Truck study, as follows: AQAB members received a presentation on the project at their August 2001 meeting. Mark Jackson and R.A. Plummer explained the ballot initiative, the work being done to respond to the initiative, and answered questions. Board members felt strongly that keeping through trucks on I-25 and I-80 is the most cost-effective solution. Although Mr. Jackson offered to bring the matter back to the Board in its final stages, Board members did not fmd that to be necessary. Please let me know if you need further information about the AQAB view on this matter. -. �+ «a, __peer=ix • ?O.Box580 - FcrtCollins,C080522-0580 • 970)221I-now • i AXt 070)_^_-k-nip RESOLUTION 2001-169 New Option A OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FINDINGS AND RECOMMENDATIONS OF THE NORTHERN COLORADO TRUCK MOBILITY/SH-14 RELOCATION STUDY AND PROVIDING DIRECTION TO THE CITY MANAGER WITH REGARD THERETO WHEREAS,on November 2, 1999,the registered electors of the City approved Ballot Issue 200 (the "Initiated Ordinance") pertaining to the relocation of the Colorado Highway 14 Truck Route (the "Truck Route"); and WHEREAS, under the Initiated Ordinance, the City is to: pursue with all deliberate effort and speed the relocation of the Truck Route to a location outside the City's current Growth Management Area;encourage and cause by all reasonably available means all truck traffic without local business in the City to use the existing U.S. Interstate highway system; devise and diligently pursue the implementation of a funding plan to cause the relocation of the Truck Route outside the City's current Urban Growth Area to be funded by a combination of city,county,state and/or federal funding sources;and utilize for the foregoing purposes that portion of the remaining funds from the Building Community Choices Capital Improvement Program which had been earmarked for an alternate northeast truck route; and WHEREAS, City staff has completed the Northern Colorado Truck Mobility/SH-14 Relocation Study Final Draft, prepared for December 2001 (the "Plan") in compliance with the Initiated Ordinance and has presented the findings and recommendations to the City Council for review and approval, which Plan is on file in the Office of the City Clerk; and WHEREAS,the City intends to continue to encourage and cause by all reasonably available means all truck traffic without local business in the City to use the existing U.S. interstate highway system. WHEREAS,in order to further pursue the relocation of the Truck Route,the cooperation and approval of the Colorado Department of Transportation("CDOT")is imperative,in view of the fact that the Truck Route is part of the state highway transportation system; and WHEREAS, CDOT has indicated, in a letter to City staff dated October 11, 2001,that the proposed relocation must be submitted to the Upper Front Range and North Front Range Transportation Planning Regions for their consideration and, prior thereto, the City and Larimer County must reach a "certain level of agreement" as to the preferred route for said relocation; and WHEREAS, in order for CDOT to pursue the necessary federal funding to implement said relocation, an assessment of the environmental impacts of the various alternative routes must be undertaken pursuant to the provisions of the National Environmental Policy Act("NEPA"); and WHEREAS, at present, both CDOT and Larimer County have indicated that alternatives precluded from City consideration by the Initiated Ordinance must be included in such assessment; and WHEREAS,the City cannot further pursue the relocation of the Truck Route to a location outside the City's current Growth Management Area or pursue the implementation of a funding plan for such relocation unless and until the City, CDOT and the County reach agreement on the scope of the NEPA study, which agreement cannot violate the provisions of Section 5 of said Ordinance. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the Plan and adopts the findings and recommendations contained therein and finds that the implementation of such strategies is consistent with the provisions of Section 2 of the Initiated Ordinance and is in the best interest of the City; provided,however,that the non-route based strategies set forth in the Plan are accepted by the City Council only to the extent that they encourage through truck traffic to utilize the Interstate Highway System, and further. Section 2. That the City Council further finds as follows: (a) City staff has, within the meaning of the Initiated Ordinance, pursued with all deliberate effort and speed the relocation of the Truck Route to a location outside the City's current Urban Growth Area; (b) a NEPA study is necessary in order to further pursue such relocation; (c) the scope of such NEPA study must be acceptable to both CDOT and Latimer County; (d) neither CDOT nor Larimer County is presently willing to undertake, participate in, or accept such a study unless the study considers all reasonable alternative routes, including routes precluded from City consideration under Section 5 of the Initiated Ordinance; and (g) for the foregoing reasons,it is impossible for the City to further pursue the relocation of the Truck Route unless and until CDOT,the City and Larimer County agree upon the scope of an acceptable NEPA study,and such agreement must be consistent with Section 5 of the Initiated Ordinance. Section 3. That the City Manager is hereby directed to further pursue the implementation of the non-route based strategies as identified in the Plan,using such portion of the remaining funds approved by the voters for such purposes as the City Manager may deem appropriate,to the extent that such strategies are designed to encourage truck traffic without local business in the City to use the existing U.S. Interstate highway system,rather than the Truck Route. Section 4. That the City Manager is further hereby directed to meet, no less than annually,with CDOT and Larimer County and attempt to reach agreement with such entities on the acceptable scope of a NEPA assessment for the possible relocation of the Truck Route, in order to select a preferred location for the Truck Route that is consistent with the provisions of the Initiated Ordinance. Passed and adopted at a regular meeting of the City Council held this 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk New Option B RESOLUTION 2001-169 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FINDINGS AND RECOMMENDATIONS OF THE NORTHERN COLORADO TRUCK MOBILITY/SH-14 RELOCATION STUDY AND PROVIDING DIRECTION TO THE CITY MANAGER WITH REGARD THERETO WHEREAS,on November 2, 1999,the registered electors of the City approved Ballot Issue 200 (the "Initiated Ordinance") pertaining to the relocation of the Colorado Highway 14 Truck Route (the "Truck Route"); and WHEREAS, under the Initiated Ordinance, the City is to: pursue with all deliberate effort and speed the relocation of the Truck Route to a location outside the City's current Growth Management Area;encourage and cause by all reasonably available means all truck traffic without local business in the City to use the existing U.S. Interstate highway system; devise and diligently pursue the implementation of a funding plan to cause the relocation of the Truck Route outside the City's current Urban Growth Area to be funded by a combination of city,county,state and/or federal funding sources;and utilize for the foregoing purposes that portion of the remaining funds from the Building Community Choices Capital Improvement Program which had been earmarked for an alternate northeast truck route; and • WHEREAS, City staff has completed the Northern Colorado Truck Mobility/SH-14 Relocation Study Final Draft prepared for December 2001 (the "Plan") in compliance with the Initiated Ordinance and has presented the findings and recommendations to the City Council for review and approval, which Plan is on file in the Office of the City Clerk; and WHEREAS,the City intends to continue to encourage and cause by all reasonably available means all truck traffic without local business in the City to use the existing U.S. interstate highway system. WHEREAS,in order to further pursue the relocation of the Truck Route,the cooperation and approval of the Colorado Department of Transportation("CDOT")is imperative,in view of the fact that the Truck Route is part of the state highway transportation system; and WHEREAS, CDOT has indicated, in a letter to City staff dated October 11, 2001,that the proposed relocation must be submitted to the Upper Front Range and North Front Range Transportation Planning Regions for their consideration and, prior thereto, the City and Larimer County must reach a "certain level of agreement" as to the preferred route for said relocation; and WHEREAS, in order for CDOT to pursue the necessary federal funding to implement said relocation, an assessment of the environmental impacts of the various alternative routes must be undertaken pursuant to the provisions of the National Environmental Policy Act ("NEPA"); and WHEREAS, at present, both CDOT and Larimer County have indicated that alternatives precluded from City consideration by the Initiated Ordinance must be included in such assessment; and WHEREAS, given the positions of CDOT and Larimer County, it is difficult, if not impossible, for the City to gather sufficient additional information to identify a preferred route for the relocation of the truck route; and WHEREAS, nonetheless, in order to fully pursue the City's responsibilities under the Initiated Ordinance, the City Council believes it to be in the best interests of the City to attempt to identify such a route. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. Thatthe City Council hereby accepts the Plan and adopts the findings and recommendations contained therein and finds that the implementation of such strategies is consistent with the provisions of Section 2 of the Initiated Ordinance and is in the best interest of the City; provided, however, that the non-route based strategies set forth in the Plan are accepted by the City Council only to the extent they encourage through truck traffic to utilize the Interstate Highway System. Section 2. That the City Manager is hereby directed to further pursue the implementation of the non-route based strategies as identified in the Plan,using such portion of the remaining funds approved by the voters for such purpose as the City Manager may deem appropriate,to the extent that such strategies are designed to encourage truck traffic without local business in the City to use the existing U.S. Interstate Highway System. Section 3. That the City Manager is further hereby directed to work cooperatively with Larimer County to identify and submit to the City Council an additional recommendation as to which alternative routes considered by the City appear to be the most feasible, so that the City Council may forward to CDOT a joint City-County recommendation as to the routes that should be further explored for the relocation of the Truck Route. Section 4. That the City Manager is further hereby directed to meet, no less than annually,with CDOT and Larimer County and attempt to reach agreement with such entities on the acceptable scope of a NEPA assessment for the possible relocation of the Truck Route that would further explore the alternatives identified in Section 3,in order to select a preferred location for the Truck Route that is consistent with the provisions of the Initiated Ordinance. Passed and adopted at a regular meeting of the City Council held this 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk City tilanager's Office City of Fort Collins December 5. 2001 RECEIVED DEC 0 7 MM David Dwyer. Esquire CITY kFI ORNEY Dwl"ER. HUDDLESON & R,41 P.C. 'I i West Oak. Suite 1000 Fort Collins. CO 8051_1 Dear Mr. Dwyer: The Mawr has asked that we respond to your letter of November 30. 2001. in which you explain your intent in authoring the ordinance that was approved by the voters of the City on November '_. 1999 ("Initiated Ordinance") which imposes upon the City certain obligations with respect to the relocation of the Colorado Highway 14 Truck Route (the "Truck Route"). The information you provided is yen helpful. In reviewing the letter, the Initiated Ordinance itself and the ballot language and ballot materials related thereto.City staffand the City Council are making even effort to understand and pursue the City's obligations under the Initiated Ordinance. Toward that end,the City has worked closely with its consultants and affected members of the public and has extensively studied alternative routes for a period of approximately two years. As you know. a particular alternative route has not vet been identified. This task has been complicated by the fact that the Colorado Department of Transportation ('CDOT") whose cooperation and approval is essential to this project. has indicated that it will participate in the study only if: (1) the City and Larimer County agree upon a "proposed solution" to the relocation.and (2)an assessment is undertaken under the National Environmental Policy Act ("NEPA")to consider the environmental impacts of all reasonable alternative routes,including a"no action"altemative and"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." As you know, the Initiated Ordinance precludes the City from considering any routes south of Larimer County Road 58. The Larimer County Board of Commissioners has indicated that it cannot support further analysis of any of the proposed alternatives absent consideration of those that were excluded from consideration by the Initiated Ordinance. Given the position of these two entities. and the fact that their participation and cooperation in this project are essential, it is ven difficult. if not impossible. for the City to further pursue its responsibilities under Sections and 1 and 3 of the Initiated Ordinance at this time. 300 LaPorte Avenue • PO.B.n 380 • Fort Collins,C080522-0580 • (970)2-11-6305 • FAX(970(°Oi-6107 • TDD(970)2'.�-et101 www.fcgov.com David D" er. Esquire December 5, 2001 Page 2 On December 11. 2001.the City Council will be considering this matter at its study session and. on December 18. 2001, the Council will be considering formal action related thereto. Both the stud% session and the Council's regular meeting are open meetings and you are welcome to attend. The Council would welcome vour input with regard to this matter at its meeting on December 18. As you know, the City is continuing to pursue its obligations under Section 2 of the Initiated Ordinance to the extent that there are means available to the City for encouraging through truck traffic to remain on the interstate system that do not require the approval of Larimer County or CDOT. Thank you again for your letter and your interest in this matter. Very truly yours. y Jo F. Fischbach Citv Manager �/4 Stephe J. Roy City Attorney JFF:SJRImed PC: Mayor and City Councilmembers ORDINANCE NO. , 1999 OF THE CITY OF FORT COLLINS APPROVING THE RELOCATION OF COLORADO HIGHWAY 14 TRUCK ROUTE OUTSIDE THE CITY OF FORT COLLINS' CURRENT URBAN GROWTH AREA AND APPROVING CERTAIN MEASURES IN SUPPORT THEREOF WHEREAS, for many years the City of Fort Collins (the "City) and City staff have investigated the possibility of relocating the Colorado Highway 14 truck route(the `Truck Route') from its current location that utilizes roadways in the City known as Mulberry, Riverside, Jefferson and College in such a manner so as to minimize the impact of the Truck Route on businesses, neighborhoods and residents of Fort Collins; and WHEREAS, as a part of the `Building Community Choices" Capital Improvement Program in 1997 the City's electorate authorized capital expenditures of$3 million (the "Funds') to be used for the planning, design, right-of-way acquisition and/or other project costs associated with road improvements for an alternate northeast Truck Route; and WHEREAS, the City has expended a portion of the Funds in pursuit of an alternative Truck Route and wishes to continue to use the remaining Funds to relocate the Truck Route so as to avoid the adverse impacts associated with the Truck Route on businesses, neighborhoods and residents in the City's Urban Growth Area; and WHEREAS, prior City Councils and the current City Council have previously rejected relocating the Truck Route in the vicinity of East Vine Drive in the City due to the materiallv adverse environmental, health and social impacts on residents that a relocation in the vicinity of East Vine Drive would necessarily cause; and WHEREAS, the Citv desires to relocate the Truck Route outside the Citv's current Urban Growth Area and until such location occurs, to encourage and cause truck traffic without local business to use the U. S. Interstate Highway System; and WHEREAS, a petition for initiative signed by registered electors of the City has been filed with the City which requires, under Article X, Section I(e) of the Charter, that the City Council either adopt this Ordinance or submit it to the registered electors of the City at a special election. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That, working with appropriate Federal, State and County governmental entities, agencies and departments, the City and its staff shall pursue with all deliberate effort and speed the relocation of the Truck Route to a location outside the City's current Urban Growth Area. Section 2. That until such time as the relocation of the Truck Route described is Section 1 occurs, the City shall encourage and cause by all reasonably available legal means Al truck traffic without local business in the City to use the existing U. S. Interstate Highway System, including, without limitation, pursuit by the City of appropriate State and Federal legislation and regulations that would cause all truck traffic without local business to remain on the U. S. Interstate Highway System. Section 3. That the City and its staff shall de6ise and diligently pursue the implementation of a funding plan to cause the relocation of the Truck Route outside the Cicv's current Urban Growth Area to be funded by a combi--tion of Ci^:, County. Sts:.- funding sources. Section 4. That the remaining Funds from the 'Building Community Choices" Capital Improvement Program shall be used in furtherance of the purposes set forth in Sections 1, 2 and 3 of this Ordinance. Section 5. That relocating the Truck Route in the vicinity of East Vine Drive is permanently abandoned and that locating a new or alternate Truck Route between the currently existing Truck Route and two miles North of Douglas Road shall not be firrther considered by the City. Section 6. That all resolutions and ordinances of the Citv Council that are inconsistent with the foregoing Sections 1, 2, 3, 4 and 5 are hereby reversed and superseded in their entirety by the provisions of this Ordinance. Section 7. This Ordinance shall be effective ,ipon the earlier of(i) approval of this Ordinance by the Citv Council in accordance with Article X, Section l(e) of the Charter or (ii) upon certification of the election results that a majority of the registered electors voted in favor of this Ordinance in accordance with Article Y. Section 6(e) of the Charter. - 2 - CITIZENS FOR A TRUE BYPASS P. O. Drawer J Fort Collins, Colorado 80522 November 30, 2001 Members of City Council 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 vote. 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, I 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 1 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 route. 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 1,000 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 voted 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 Citv Council vote to find a route outside the Cin : after a few years of non-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 Citv Councils and the City staffs 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 '_ 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 true 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 be 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 Citv 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 ,J cc: Mr. John Fischbach CITIZENS FOR A TRUE BYPASS POSITION December 11, 2001 Citizen for a True Bypass strongly feel that Resolution Option A is not consistent with the facts and is not supportable from the standpoint of what has or can be done on this project. We oppose the adoption of Option A at this time. Resolution Option B, with the changes suggested for the reasons indicated below, would be a more appropriate response to the Plan report. The discussion and proposals below apply to: Section 1. RESOLUTION OPTION B As Proposed by the City Staff: That the City Council hereby accepts the Plan for implementation of the Initiated Ordinance. As Proposed by CFTB: That the City Council acknowledges receipt of the Plan as submitted and completion of this phase of the study by the City staff and her approves the non-route based strategies set forth in the Plan to the extent they encourage through truck traffic to utilize the Interstate Highway System and finds that implementation of such strategies are consistent with the related provision of the Initiated Ordinance and are in the best interest of the r14 . Rationale for CFTB's Revisions: Changes are needed as the Plan report in its current form contains conclusions and recommendations that are inconsistent with the Initiated Ordinance An example is that the Plan report suggests the use of monies in the designated program fund under the concept of non-route based strategies for truck studies that have nothing to do with diverting such traffic either to a northern bypass route or to the Interstate Highway system. Even though some of these have been pointed out to Staff, it is prudent for this section to be clarified so that those working on the project in the future have a clear understanding of the guidelines. Further, the Plan report suggests that the project cannot move forward due to the need for a NEPA study that is prohibited by the Initiated Ordinance. For reasons expressed in Mr. Dwyer's letter to you earlier this month, this is not a proper conclusion as the City need not be the party that orders or conducts the NEPA study. Surely the City does not seriously believe that a NEPA study is the next step and that it cannot consider northern routes further until a NEPA study is done? As Council might recall, the City staff selected Vine Drive for the Truck Route in 1998 and was poised to make right of way purchases before any NEPA study was even mentioned, yet the plan then clearly was I to use Federal funds to build the route. We suggest that the NEPA study is not appropriate until the City and County have worked out the selection of a preferred route. at which time CDOT can request a NEPA study that may be necessary. There is not even a funding plan being proposed at this time, let alone a conclusion that Federal money will be involved at all. Using NEPA as a deterrent is not only erroneous, it is inconsistent with the concept that the City has used all deliberate effort to accomplish the goals of the Ordinance. Also, the Initiated Ordinance and the Scope of Work agreed to by the PBS&J consultants contemplated a selection of a single preferred route. The Plan report does not yet do this and it would be inappropriate and inconsistent with the Initiated Ordinance for the Resolution to imply that that the report completes the work required by the Ordinance. Further work in this regard is needed. Section 2. As Proposed by the City Staff: That the City Manager is hereby directed to further pursue the implementation of the non-route based strategies as identified in the Plan. using such portion of the remaining funds approved by the voters for such purpose as the City Manager may deem appropriate. As proposed by CFTB: That the City Manager is hereby directed to further pursue the implementation of the non-route based strategies as identified in Section 1 above using such portion of the remaining funds approved by the voters for such Purpose as the City Manager may deem aporopriate. Rationale for CFTB's Revisions: The only suggestion here is that monies from the designated fund be used only for furtherance of the project and not similar non-bypass Section 3: As proposed by the City Staff: That the City Manager is further hereby directed to work cooperatively with Larimer County to identify and submit to the City Council an additional recommendation as to which one of the alternative routes considered by the City appears to be the most feasible and to undertake such additional studies as may be necessary for such purpose, so that the City Council may forward to CDOT a joint City-County recommendation as to the particular route that should be further explored the relocation of the Truck Route. As Proposed by CFTB: This section is acceptable as now proposed by the City. 2 Section 4. As proposed by the City Staff: That the City Manager is further hereby directed to meet, no less than annually, with CDOT and Larimer County, in an attempt to negotiate an acceptable scope of a NEPA assessment of all reasonable alternative routes for the Truck Route, if such can be accomplished without violating the provisions of said Ordinance. As proposed by CFTB: That the City Manager is further hereby directed to meet no less than annually. with CDOT and Larimer County officials to negotiate a mechanism for implementing the alternative route for the Truck Route in accordance with the Provisions of the Initiated Ordinance. Rationale for CFTB's Revisions: The reference to the NEPA study specifically should be deleted as it is only one aspect of the project and it not the next step in the process Transportation Services Transportation Planning MEMORANDUM City of Fort Collins TO: John Fischbach, City Manager THRU: Ron Phillips, Transportation Services Directo0► �, Gary Diede, Transportation Operations Managers Randy Hensley, Transportation Planning Manager FROM: Mark Jackson, Transportation Planner, Project Manager .Ilk Northern Colorado Truck Mobility/SH-14 Relocation Study RE: Response to Dwyer letter dated 11/30/01 DATE: December 12, 2001 Several statements made by David Dwyer in the November 3&, 2001 letter submitted to the City Attorney and members of City Council, as well as the Citizens for a True Bypass Position paper dated December 11, 2001, require clarification. Staff s responses to these items are as follows: 1. The electors of Fort Collins adopted this Ordinance into law as a result of an overwhelming 66 percent majority vote. 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. Ballot Initiative 200 was indeed approved by over 67 percent of voters in the election. Of 85,098 registered voters in Fort Collins at the time of November, 1999 election, 17,300 citizens chose to vote on this issue. The vote tally was 11,665 Yes, 5,635 voting No. Only 21.6 percent of registered Fort Collins voters participated in this election. As to the assertion that this represents the largest margin of approval of any issue ever voted on in Fort Collins,there have been several charter amendments as well as the 1989 sales tax-street maintenance measure that were approved by larger margins. Two of the Building Community Choices ballot issues in 1997 passed by 69.9% and 69.0%. 1. 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 City and the consulting firm have not yet selected a route. 2li "orth Mason • First Floor • GO.Box 580 • Fort Collins,CO 8057..'-0580 • (970)2-.4-6058 • RAX(970)_21-6_u Following a very rigorous and in-depth of potential alternate routes within the planning area specified by Ballot Initiative 200, the project team narrowed the alternatives to three corridors that warrant further, more in-depth analysis. The rationale for ending the study with three alternative routes is that we cannot choose a single route based on the information we have available now. Such a choice would be somewhat arbitrary. The level of analysis necessary occurs in an Environmental Impact Statement (EIS) as part of the National Environmental Policy Act (NEPA). The NEPA process requires a thorough examination of all potentially feasible routes, incorporating previous studies' recommendations that might be relevant to the analysis. The remaining three route corridors cannot be differentiated based on the existing level of data. Additional study is needed to provide the next level of differentiation, and when the NEPA analysis is done, that additional analysis can be completed. This information can only be provided by a NEPA study which requires the consent of the Colorado Department of Transportation and the cooperation of Larimer County. Both indicated they are not interested unless the City is willing to consider routes south of County Road 58. Any additional study that the City would do to differentiate between the three remaining corridors seems to be unnecessary and redundant to do now since it will be funded and accomplished when the NEPA analysis is accomplished. 3. (Regarding Section 1) Iff:nancial constraints prevent the building of a truck 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(sic) and future funding. (Regarding Section 4) Rather, such funds (Building Community Choices Capital Program remaining 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 the completion of the necessary studies, implementation of strategies and acquisition of right of way to the extent money is available. (Regarding Section 5) Section 5 was included so that the City's staff would understand the citizens'desire that staff abandon the idea of moving the existing truck route to a location within the UGA, and begin working earnestly towards a true 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 projections show to be the case, the City, Count}; and CDOT will be in a position to provide for this important conduit throughout our region. Discussion of acquisition of rights of way using remaining Building Community Choices funds seems premature until the point at which a preferred route has been identified as the result of the NEPA analysis and agreed upon by the City, Latimer County, and the Colorado Department of Transportation(CDOT). Any acquisition of potential ROW would be conducted at risk pending the outcome of the NEPA analysis. 4. (Regarding Section 2) 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 trafc 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 yet 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. City Staff has continued to explore this issue as part of studies such as the Triangle Project in the mid 1990's. The Northern Colorado Truck Mobility/SH-14 Relocation Study has made this issue a key tenet of the analysis and project Staff recommends implementation or further research into a series of non-route based strategies intended to encourage long haul through truck traffic to use the Interstate system. These strategies have been developed using prior research as well as significant input from the Trucking Industry and local and regional citizen and business interests. Staff does believe that implementation of these measures will be an integral part of successfully altering through truck traffic in Fort Collins. 5. (Regarding Section 3) 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 1,000 large trucks and thousands of cars and smaller trucks daily) will not continue to pass through Fort Collins. An in-depth origin and destination survey of truck traffic along the existing SH- 14/US-287 corridor as well as other key routes in northern Larimer County was conducted early in the analysis. This survey tracked trucks between the interchange of SH-14/I-25 and US-287 north of the Forks at Livermore. An estimated 600 daily truck trips are true through truck trips that have no origin or destination within the City of Fort Collins. It is important to note that there still exists a significant amount of truck traffic that is local and regional in nature on SH-14/US-287. 6. (Regarding NEPA) No NEPA study was ever 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(sic, 1999) 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 Vine Drive right of way. At the 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 in approving the Ordinance (Dwyer letter dated 11/30/01). As Council may recall, the City staff selected Vine Drive for the Truck Route in 1998(sic, 1999)and was poised to make right of way purchases before any NEPA study was even mentioned. . . (CFTB Position, 12/11/01). These statements are in error as environmental impact studies and environmental assessments were both mentioned and included in memoranda to the City Council. A June 10, 1999 letter to the City Council and others from"representatives living in Buckingham, Alta Vista and Andersonville and other neighborhoods within two miles of the proposed Alterative East Vine Drive Truck Route," stated that an environmental impact study of the Modified Vine Alternative should be undertaken before the Council decided whether to designate that route as a proposed alternative truck route. The City Attorney's response to Council(confidential document) acknowledged that the staff intended to undertake additional comprehensive studies (see attached 6/10/99 letter and 6/24/99 confidential memorandum). Also, a memorandum dated July 16, 1999 responding to a question from Council Member Bill Bertschy states, "The next phase of the Highway 14 Relocation Project would be an environmental Assessment."(see attached 7/16/99 memorandum). Had Vine Drive been agreed upon as the preferred route, a NEPA analysis would have been a required next step. The City of Fort Collins, CDOT R-4, and the trucking industry were all prepared to support this alignment. The reason that the limited ROW acquisition being discussed could have been pursued on that route is that additional ROW will be necessary anyway for the eventual four lane arterial street planned for that corridor. 7. The fact that the study team selected by the 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 Lorimer County, whether inside or outside of municipal boundaries, simply means that more work is needed by the City to accomplish the goals of the Ordinance. Staff and the project team worked very closely with representatives of Latimer County throughout the entire study. Larimer County's reluctance to endorse the project's recommendations regarding an alternate route for SH-14 lies largely with their opinion that not all possible alternatives were examined. The County has noted that all other Larimer County residents outside of Fort Collins were not allowed to vote on this issue of relocating SH-14 into northern Latimer County. Larimer County has made it clear that until such time that all possible alternative alignments, including those south of County Road 58 (precluded from analysis in this effort)are examined, it appears unlikely they will participate in or endorse the relocation process of SH-14.