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HomeMy WebLinkAbout1999-107-08/17/1999-SUBMITTING A CITIZEN INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE SPE RESOLUTION 99-107 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A CITIZEN INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION OF NOVEMBER 2, 1999 WHEREAS, under Article X, Section 1 of the Charter of the City of Fort Collins, the registered electors of the city have the power to propose a measure to the Council,and if the Council fails to adopt a measure so proposed,then to adopt or reject such ordinance or resolution at the polls; and WHEREAS, an initiative petition proposing an ordinance 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 has been submitted to the City,and the City Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of the people at a special municipal election; and WHEREAS, the City Clerk has presented said petition to the City Council as provided in Article X, Section 5(f)(4) of the City Charter; and WHEREAS, under Article X, Section 1(e) of the City Charter, upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the citizen-initiated ordinance without alteration within thirty (30) days or refer said citizen-initiated ordinance in the form petitioned for, to the registered electors of the city at the next special municipal election to be held within one-hundred twenty (120) days, unless any other regular of special city election is to occur within said period, in which case the initiative measure shall be consolidated with such other election; and WHEREAS,the City Council desires to submit said citizen-initiated ordinance to a vote of the registered electors of the City at the next special municipal election; and WHEREAS, heretofore, the Council has called a special municipal election to be held on November 2, 1999 in conjunction with the Larimer County Coordinated Election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby submitted to the registered electors of the City of Fort Collins at the Special Municipal Election to be held on Tuesday,November 2, 1999,the following proposed citizen-initiated ordinance: ORDINANCE NO. 142, 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 materially adverse environmental,health and social impacts on residents that a relocation in the vicinity of East Vine Drive would necessarily cause; and WHEREAS,the City desires to relocate the Truck Route outside the City'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 1(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 in Section 1 occurs, the City shall encourage and cause by all reasonably available legal means all 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 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. 2- 3- 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 further considered by the City. Section 6. That all resolutions and ordinances of the City 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 upon the earlier of(i)approval of this Ordinance by the City Council in accordance with Article X, Section I(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 X, Section 6(e)of the Charter. Section 2. That the foregoing proposed citizen-initiated ordinance is hereby submitted to the registered electors of the City of Fort Collins as said special municipal election in substantially the following form: CITY OF FORT COLLINS BALLOT ISSUE 2A PROPOSED CITIZEN-INITIATED ORDINANCE TRUCK ROUTE RELOCATION An ordinance directing the City to pursue the relocation of the Colorado Highway 14 truck route to a location outside of the City's current Urban Growth Area; requiring the City to encourage and cause, by all reasonably available legal means, all truck traffic without local business in the city to use the existing interstate highway system; requiring the City to pursue implementation of a funding plan to cause the relocation of the Colorado Highway 14 truck route outside the City's current Urban Growth Area to be funded by a combination of City, County, State and/or Federal funds; requiring the City to use the remaining funds from the truck route portion of the "Building Community Choices" capital improvement program in furtherance of the foregoing purposes;requiring the City to permanently abandon any alternative truck route in the vicinity of East Vine Drive and prohibiting consideration of an alternative truck route between the currently existing truck route and two miles north of Douglas Road;and reversing and superseding all resolutions and ordinances of the City that are inconsistent with the foregoing. FOR THE ORDINANCE AGAINST THE ORDINANCE 3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of August, A.D. 1999. Mayor ATTEST: %LL City Clerk 4-