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Home My WebLink About20081343.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR THE NORTH GREELEY RAIL CORRIDOR SUB-AREA STUDY AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Memorandum of Understanding for the North Greeley Rail Corridor Sub-Area Study between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Planning Services,and the City of Greeley,commencing upon full execution,with further terms and conditions being as stated in said memorandum, and WHEREAS, after review, the Board deems it advisable to approve said memorandum, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Understanding for the North Greeley Rail Corridor Sub-Area Study between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Planning Services,and the City of Greeley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of May, A.D., 2008. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: A/44 j � J \ vi ('-7-,1,/ �„r-�• H. Jerke, Chair Weld County Clerk to the Board ISM n ' �E cCIU , USED o h •bent D.jvt ;-Pro-Tem BY: l'. /i�51.7- ' l 1 O/ / Deputerk to the Board ( G' l Will F. Garcia APPRO- D ORM: c F1 --, David E. Long / ounty Attorney 51/6jOili uglas em r Date of signature: 2008-1343 PL0073 � /L , t-�zCz/6u�.15) Os-77-08" Memorandum TO: Board of County Commissioners IDATE: May 5, 2008 �ra FROM: Brad Mueller COLORADO Department of Planning Services RE: North Greeley Rail Corridor Sub-Area Study Memorandum of Understanding CC: Tom Honn, Bruce Barker Planning staffs from Weld County and Greeley presented an option for an sub-area study of an area north of Greeley to the County Commissioners and the City of Greeley Council at a joint meeting on March 27, 2008. At that meeting, both staffs were advised to proceed with the project that was proposed. Since that decision, Weld County Planning Services has begun move forward with the North Greeley Rail Corridor Sub-Area Study, in conjunction with Greeley planners. A Memorandum of Understanding ("MOU") is being presented for your approval. A MOU was proposed as a way to clarify the commitment that both the City and the County were making to the project, and it provides details about which jurisdiction will be responsible for which aspects of the Sub-Area Study. Planning Services is requesting approval by the Board and their signature of the MOU. The MOU has been reviewed by the Attorney's Office and Planning Services,and we recommend the Board's support. The City of Greeley has signed the MOU, and it would go into effect upon the Board's approval. The North Greeley Rail Corridor Sub-Area Study is being conducted in order to provide a shared vision of the rail corridor from approximately Highway 85 to the Windsor town limits, and areas on either side of the corridor. (See map.) This shared vision will help coordinate infrastructure and land use to promote economic development of the corridor. 2008-1343 1 North Greeley Rail Corridor Sub-Area Study March 27, 2008 Planning Process/Timeline Purpose: Provide a shared vision of the corridor to facilitate coordinated infrastructure and land use in the economic development of the area. Outcome: A Sub-Area Plan for the subject area that can be adopted by each jurisdiction. The Sub-Area Plan would help direct capital improvement priorities (such as roads) and would govern future land use considerations in the area. Study Area: 1,300 Parcels, 15,685 acres or approximately 24 sq mi as identified in Attached Map Study Sponsors—Weld County and City of Greeley(joint study conducted in-house) Proposed public participation techniques to facilitate the North Greeley Rail Corridor Sub-Area Study: • Letters/Notices to property owners, residents and affected interests • Information on City/County websites • Newsletters • Public Open Houses • Briefings with City Council and County Commissioners • Focus Groups made up of citizens and service providers to discuss specific issues • Public Notices/Advertisements/Articles in the Greeley Tribune • Public Hearings before City/County Planning Commission, City Council and County Commissioners • Press releases to various media Projected Study Timeline March/April, 2008 Develop scope and standards, and identify task-sharing Coordinate with concurrent studies in the region Area Profile, base information & mapping March 27, 2008 Plan Overview at joint City/County Breakfast April, 2008 Complete a Memorandum of Understanding ("MOU") between the City and County Meeting with the rail company Letter to all landowners for 1st Open House 1st Open House, study introduction, scope, sign-up for focus groups May/Aug, 2008 Focus Group meetings and initial drafting Computer land use modeling Article published in Greeley Tribune/other media Letter to landowners for 2nd Open House September 2nd Open-house —Summarize background information to date; visioning exercises October Draft of Plan complete November Final Open house - report to stakeholders December Public Review Process January 2009 Consider adoption of Sub-Area Plan by County Commissioners, City Council; possible adoption of an IGA (pre-annexation options, uses, development agreements, etc.) i ' i North Greeley Rail Corridor Sub-Area Study 21 .1 ,i gigs O .4 - , ! �•••=m0Q y i F c K nV uv IE filth I. 41 1) ,:: r 4'1 r• I 1-. -:' 1 � 0. 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E — ct ` c „....:_c. f-,., rrLao •V.q,e5.. _ y� �� ! .;i r --,.... -- - , ---\. i , 3 .v .,,, ______,___. . :lc, . ___ LiEzi , , I , .< , , .•. , . .. . , / . - i _ ae . . . • I , S• tes. - . . .•4� J a, 1�17Q•w.I 9 y to 1.-� al® ;.--I . _ i ir,:\ _ • ,4 • + , r - i •vrwnK, 1 . r T .,, l ,-I l ,! Ai I r. 1 I I I ttr . ... . , r , ., K � b .,/ i, _I1: I I • t- ,ICI . I „L,. t r • . . i� te - _ j I MI ' • _ - N. 11',=.t....'- h' - r ,z.;.,y.,....♦� fir_ ■ - g - a f Exhibit A MEMORANDUM OF UNDERSTANDING FOR THE NORTH GREELEY RAIL CORRIDOR SUB-AREA STUDY This Memorandum of Understanding("MOU") for the North Greeley Rail Corridor Sub-Area Study, hereinafter known as the"Agreement," is made this 7 day of Ala 2008, by and between the City of Greeley, Colorado ("Greeley") and the County of Weld, Colorado ("Weld"), for the purpose of conducting a sub-area study and producing a sub-area plan for the residents of Greeley and Weld, Colorado. IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS BY THE PARTIES AS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Greeley and Weld County will conduct the study in conjunction with one another. The parties agree that the area planning partnership is a good faith effort to promote economic development, infrastructure improvements, and coordination of land uses within both jurisdictions. 2. The study area is generally defined as Colorado Hwy. 392 ("AA" Street) on the north, the Greeley Municipal Limits on the south, US Hwy 85 on the east and WCR 23 on the west. A map of the study area is attached hereto as Exhibit A. 3. The purpose of the study is to identify the status of certain transportation, demographic, physical, structural, site, land use, social and economic conditions in the area; to ascertain the level of potential opportunities and constraints; and to recommend policies and actions for implementing strategies for developing or preserving the area strengths and addressing the area constraints. 4. The study will seek to preserve economic development opportunities by reviewing the following components, and others as appropriate: A. Element 1 —Transportation Element. In conjunction with data from the North Front Range Metropolitan Planning Organization(NFRMPO) and other sources, this phase will analyze all forms of transportation, including pedestrian, bicycle, auto, truck, rail, and rail transportation. This phase transportation study will also incorporate concurrent but separate studies being conducted, such as those for"O" Street and the Colorado Department of Transportation Highway 85 Corridor Study. B. Element 2 —Land Use. This element will include: 1) An on-site review of each parcel and sample structures within the study area for actual land use status. Each property/structure will be digitally photographed for an objective visual record. 2) The information gathered would be classified according to Land Based Classification Standards (LBCS) system, developed by the American Planning ci�0D�-i35! Association and the National Geographic Society and customized by Greeley and Weld County staff for use in this study. 3) Separately gathered data will include information from the Bureau of the Census, police departments, sales tax, capital improvements, and other related sources. All the data will then be reviewed, analyzed, internally distributed and prepared for preliminary analysis. Draft maps will be exchanged by Greeley and Weld County as soon as practical and on a regular basis. 5. Landowner input will be sought through newsletters and neighborhood meetings facilitated jointly by Greeley and Weld. Landowners will be an integral component of the study, and there will be a concerted effort in particular to engage the active cooperation of the rail line owners. 6. Greeley's Responsibilities -- Greeley agrees that it shall be responsible for the following: - Provide shape files for maps of all appropriate data(study area, structures digitized in Weld portion of study area, infrastructure, services, census etc.) - Provide field survey data in digital mapped and table summary format - Provide tabulated data, summarized and organized in digital form - Geo-coded photos of every parcel and sample structures - Organization of neighborhood meetings - Street Light locations - Bike Access - Parks - Provide printed copies of the final study (1 bound plus a master and a copy on a compact disk) - Other information and data as mutually agreed upon 7. Weld Responsibilities -- Weld agrees that it shall be responsible for the following: - Landowner notification - IGA & Urban Growth Boundaries (1/2 mi. from sewer)data - Transportation study results conducted by the County within the study area - Road Map—with analysis of condition - Prime Agricultural Designation Map - Water District Boundaries - Water lines (Potable &Non-Potable line and service conditions) - Sanitation District Map & Sewer Service (line and service conditions) - Storm Water Drainage (basin capacity& major infrastructure) - Fire District Map and hydrant location - Electric Districts - School District Map - Sales Tax Data - Soils Districts - Vegetation Maps - Community Facilities & Services (e.g. Goodwill, Drug Counseling etc.) - Zoning - Building Permits - History of Area - Staff and/or citizen participation in each element of the study - Other information and data as mutually agreed upon . 8. In consideration of the services provided by both, the City of Greeley and Weld County agree to contribute in-kind support as needed and agreed upon by the parties to deliver the final study product. Both jurisdictions shall be roughly equally responsible for the development and production of a final sub-area plan. Any costs incurred by the study shall be roughly assigned equally between the two parties, including postage, neighborhood meeting support, and other major external costs. Staff time and incidental costs such as of computer printing will be considered in-kind and not tallied towards cost- sharing. 9. Meetings/Coordination/Scheduling. The parties agree that meetings shall take place on an "as needed"basis to establish, coordinate, maintain,and produce the sub-area plan. Each party's responsibilities are per the work plan attached hereto as Attachment B and incorporated herein by reference. The parties agree to use their good faith efforts to establish, coordinate, promote and maintain the plan and its information and shall meet at the earliest practical time to discuss any issues or disputes regarding the plan, its data or use of resources contained in this MOU. 10. Party Contact Designation. Within 30 days of the execution of this agreement, the parties will designate a primary contact person for the implementation and coordination of the agreement. 11. It shall be the responsibility of the receiving entity of information to make further copies, coordinate internal reviews by the departments and provide any comments to referring entities. 12. The goal is to incorporate findings into each respective jurisdiction's comprehensive plans, and, as desired, in an Intergovernmental Agreement(IGA) for the study region, to guide the growth for this portion of Greeley and Weld County. 13. Study implementation. Any recommendation of the study shall be considered by the respective jurisdictions in accordance with their internal procedures. Any implementation of the recommendations shall be at the sole discretion of the respective jurisdictions. 14. Termination. If either party believes that it cannot maintain the terms and conditions of this agreement or if a party believes the other has breached the good faith interest and terms started herein,then, in that event, representatives for each party shall meet at the earliest practicable time. If the parties cannot reach a mutual resolution to the issue, either party may terminate this agreement by providing the other party thirty(30) days written notice of said termination. 15. Entire Agreement. This writing constitutes the entire agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns. 16. No Waiver of Immunity. No portion of this MOU shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this MOU be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this MOU. 17. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this MOU shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement the day and year first written above. THE CITY OF GREELEY, COLORADO WELD COUNTY, COLORADO By:. c7b `ate ,��.,�' 7 Mayor z;�1t4, tty Commissioners o o \ ;p Lts s,-,_432 MAY 0 7 2008 ft tie InA * et. //,,�, jr►F /41/7L-44,` //pp�r //p B5 %Ltdri h) City Clerk Weld County Clerk to the Board I APPROVED TO CONT NT: BY` � �. c ttk �Lthe B JIai d Depu y Cl rk to the Board JJJ By: ity APPROVED AS O LE L FORM: By: City , . ; ey APPROVED AS TO AVAILABILITY OF FUNDS: By: City Finance Di c7CC8- /3Y= CITY OF GREELEY, COLORADO RESOLUTION NO. 25,2008 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH WELD COUNTY GOVERNMENT TO CONDUCT A JOINT AREA STUDY, KNOWN AS "THE NORTH GREELEY RAIL CORRIDOR SUB-AREA STUDY." WHEREAS, the City of Greeley and the County of Weld cooperate on a number of service agreements for the betterment of their citizenries; and WHEREAS, the City of Greeley and the County of Weld all operate under the guidance of their respective Comprehensive Plans which promote a healthy and diverse area that contributes to unique, vibrant and rewarding communities in which to live and work; and WHEREAS, the City of Greeley and the County of Weld both seek to promote economic development in the area and the region, particularly as it relates to the attraction of primary jobs, including those related to the significant and beneficial infrastructure, including railroad lines, that currently and historically exist, and development of a common roadway alignment that can provide continuity and certainty in transportation and improvement strategies; and WHEREAS, the City of Greeley and the County of Weld each have interests in the areas defined as Colorado Hwy. 392 ("AA" Street) on the north, the Greeley Municipal Limits on the south, US Hwy 85 on the east and WCR 23 on the west ; and WHEREAS, the two parties are authorized to enter into this Agreement by C.R.S. Sec. 29-1- 203 and Colorado Constitution Article XIV, Sec.18(2) (1) for the purpose of achieving greater efficiencies for the provision of services to the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO AS FOLLOWS: Section 1. The Mayor is hereby authorized to enter into a Memorandum of Understanding with the Weld County attached as Exhibit A. Section 2. This Resolution becomes effective immediately upon its passage, as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED this 15th day of April, 2008 ATTEST: THE CITY OF GREELEY, COLORADO A. By: City Cl ayor Hello