HomeMy WebLinkAbout20062353.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR EXCHANGE OF ROADWAY
JURISDICTIONS AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF
TRANSPORTATION
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
Exchange of Roadway Jurisdictions 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 Public
Works, and Colorado Department of Transportation, commencing upon full execution, with 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 Exchange of Roadway Jurisdictions
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 Public Works, and Colorado
Department of Transportation 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 28th da ugust, A.D., 2006.
�p
:\.`_ ,�,rGa BOARD OF OUNTY COMMISSIONERS
4, ELD CO TY, COLORADO
list
�ATTEST: M i
€;j: tzvw le, Chair
Weld County Clerk to the `j
David E. Long, Pro- em
BY:ti 1
Depot Clerk the Board EXCUSED
W h . erkt{
APP AS TO F w\\1h \\
Robert D. Masden
my Attorney EXCUSED
q Iii* Glenn Vaad
Date of signature:
2006-2353
EG0054
(10 I. PA) OR-o?-ob
MEMORANDUM
TO: Board of County Commissioners
"mac DATE: August 22, 2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
COLORADO SUBJECT: Proposed Exchange of Roadway Jurisdictions
between Weld County and CDOT
HISTORY
Over a time period of several years, Weld County, Larimer County, and the Colorado
Department of Transportation(CDOT)have held joint discussions regarding the possibility of
exchanging maintenance responsibilities for certain roadways under their respective
jurisdictions. The discussions were based on the general principle that CDOT should be
responsible for longer regional roadway links while local governments should have
responsibility for shorter segments of roadways that tend to serve local transportation needs.
ROADWAY CANDIDATES
The roads in Weld County under consideration are WCR 392 from SH 37 to SH 14(18 miles),
SH 37 from WCR 392 to US 34 (7 miles), SH 256 from US 85 to SH 60 (3.2 miles), and SH
263 from the east airport drive to SH 37 (4.1 miles). The exchange is WCR 392 to CDOT for
the three State Highway segments.
PUBLIC COMMENT
An Open House was held on May 23, 2006, to gather public input on the proposal.
Approximately 350 notices were sent to adjacent property owners along Weld County roads
and State Highways. Six residents/owners attended the meeting. Four submitted written
comments. Of the four comments received,three made direct reference to the exchange and
were not opposed. One comment indicated concerns with continued snow and ice control.
Prior to this meeting, an informational memorandum was sent to all property owners adjacent
to the roads being considered for jurisdiction exchange advising them of the Board's meeting.
As of August 22, 2006,ten calls were received. Eight callers(as noted)indicated no concerns
with the exchange. Four had some concern with continued snow and ice maintenance and
one did not want to change their addresse.
SNOW AND ICE CONTROL
The CDOT policy for SH 37, 256 and 263 is to plow snow and spread sand/salt admixtures
intermittently on hills, intersections and curves. After initial efforts are completed, spreading
sand/salt admixtures on snow packed or other critical areas (accident locations) is initiated.
The policy is very similar that used by the Weld County Public Works forces.
ADDRESS CHANGES
To be consistent with the Weld County addressing system, state highway routes should be
changed to the appropriate county roadway designation. CDOT will require removal of any
route designation that includes "State." Some type of address change will be required.
Addresses will have to be changed to either"###tf Highway "or"###ll WCR_" Both
options do require changes for adjacent property owner.
2006-2353
r
BOCC
Proposed Exchange of Roadway Jurisdictions between Weld County and CDOT
August 22, 2006
Page 2
RECOMMENDATION
Based on input from adjacent property owners who provided input on the proposed exchange
of roadway jurisdictions and the principles of allocating regional vs. local road maintenance
responsibilities to State and local agencies, I recommend the Board of County
Commissioner authorize the Chairman to sign the Memorandum of Understanding with
CDOT to change the jurisdiction of WCR 392 to CDOT and State Highways 37, 256 and 263
to Weld County.
M:\FRANK'2006\CDOT Road Swap\BOCCmemoApproveSwapdoc
ROAD SWAP MILEAGE INFORMATION
May 23,2006
Road No. To Weld County To CDOT To Larimer Co./Ft. Collins
SH 37 6.99 miles
SH 263 4.08 miles
SH 256 3.20 miles
WCR 392 18.00 miles
LCR 32 4.50 miles
(Carpenter Road)
SH 56 2.99 miles
SH 66 1.41 miles
TOTAL 14.27 miles 22.50 miles 4.40 miles
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING dated the J Eiay of (t„# 4,4 t ,
2006, is by and between the County of Weld, a political subdivision of the State of Colorado, by
and through the Board of County Commissioners of the County of Weld, whose address is P.O.
Box 758, 915 10th Street, Greeley, CO 80632, hereinafter referred to as "County," and the
Colorado Department of Transportation, a department of the State of Colorado, whose address is
1420 2n° Street, Greeley, CO 80631, hereinafter referred to as "CDOT."
WITNESSETH:
WHEREAS, County owns and maintains Weld County Road ("WCR") 392, from
Colorado State Highway ("Highway") 37 to Highway 14, and
WHEREAS, CDOT owns and maintains Highway 37, from U.S. Highway 34 to Highway
263; Highway 37, from Highway 263 to Highway 392; Highway 263, from U.S. Highway 85 to
Highway 37; and Highway 256, from Highway 60 to U.S. Highway 85, and
WHEREAS, County and CDOT desire to exchange ownership and maintenance of the
roads and highways stated above.
NOW, THEREFORE, in consideration of the mutual covenants and promises stated
herein, the parties hereto agree as follows:
1. EXCHANGE OF ROADS AND HIGHWAYS: County agrees to convey to
CDOT, by quitclaim deed, WCR 392, from Highway 37 to Highway 14. CDOT
agrees to convey to County, by quitclaim deed, Highway 37, from U.S. Highway
34 to Highway 263; Highway 37, from Highway 263 to Highway 392; Highway
263, from U.S. Highway 85 to Highway 37; and Highway 256, from Highway 60
to U.S. Highway 85. Each entity will then maintain the road or highway
conveyed to it by the other entity.
2. EACH ENTITY TO BEAR ITS OWN COSTS: County and CDOT agree to each
bear its own costs of effectuating the conveyance.
3. 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 and shall inure to
the benefit of the respective survivors, heirs, personal representatives, successors
and assigns of said parties.
4. NO WAIVER OF IMMUNITY: No portion of this Memorandum of
Understanding 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
Page 1 of 2 Pages
a2ele56 x'553
Memorandum of Understanding be deemed to have created a duty of care which
did not previously exist with respect to any person not a party to this
Memorandum of Understanding.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Memorandum of Understanding, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Memorandum of Understanding shall give or allow any claim or right of
action whatsoever by any other person not included in this Memorandum of
Understanding. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this
Memorandum of Understanding shall be an incidental beneficiary only.
Signed by the parties the 28ttxlay of August , 2006.
ATTEST: COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
County Commissioners of Weld County
l6 U,���
Clerk to the Board (� '.jY ° { ' M.J. eile, Chair AUG 2 8 2006
k•
BY: lG Q9 ��r
DEPU LERK THE OARD
COLORADO DEPARTMENT OF
TRANSPORTATION
By:
Title:
M iFrank\2006\CDOTRoadSwap\Statemou.doc
Page 2 of 2 Pages
CDOT/WELD COUNTY "ROAD SWAP" TELEPHONE
INFORMATION REQUESTS SUMMARY
1. May 10, 2006. Virginia Harvey. WCR 392 address. Question regarding whether
CDOT would obtain additional ROW. Thinks CDOT will provide better snow
and ice control. "OK with trade....don't see a problem."
2. May 24, 2006. Clint Brown (Smith GeoTech). Question regarding timing of
exchange. Is coordinating permits for outflow of a proposed dam crossing WCR
392.
3. June 14, 2006. Mark Wright. SH 256. Concern with snow and ice control.
CDOT's snow and ice control overlap near his home. "No real problem with the
trade."
4. June 19, 2006. Charles Oscflerger. Inquiry regarding the timeline for the swap.
Moving into a house near SH 37/SH 263. "No problem with swap."
5. August 17, 2006. Pat Carey. SH 37 address/west side of Gill. "OK with swap as
long as snow and ice control are done. Should not be a problem because thinks
County does a good job, now."
6. August 17, 2006. Katherine Pagelotti. WCR 66/SH 37. "No problem with swap."
7. August 17, 2006. Bob Mitani. WCR 49/SH 263. Remembered Open House letter but
could not attend. Regarding swap: "that's good."
8. August 18, 2006. Janice Ehrlich. SH 263. Did not remember receiving notification
for Open House. (Name is on mailing list). Wanted to know if they would have to
change addresses. Indicated that a Planning Department list of needed address
changes included her location. Planning on attending BOCC meeting.
9. August 18, 2006. Doug Smith. SH 256. Explained reason for exchange of
jurisdictions. "Doesn't bother him as long as County maintains road."
10. August 22, 2006. Bob Wardlaw. SH 37. "In favor of the swap."
`:DOT/LARIMER COUNTY/ WELD COUNTY ROAD SWAP PROPOSAL
Open House Comments
May 23, 2006
PLEASE SEE ATTACHED SHEET FOR COMMENTS
Name Greeley-Weld County Airport Authority
Address P.O. Box 727 , Greeley, CO 80632
Phone: (970) 336-3001 E-mail: Reisman@gxy.net
Submit your comments by either returning this form to the sign-in table or mailing to:
Frank B. Hempen,Jr., P.E,Director of Public Works/County Engineer
P. O. Box 758, Greeley, CO 80632
ATTACHMENT TO
OPEN HOUSE COMMENTS FORM
CDOT / LARIMER COUNTY/WELD COUNTY ROAD SWAP PROPOSAL
In general, the Greeley-Weld County Airport Authority has no objections to the proposed
road swap of SH 263, from the east airport entrance (Crosier Ave.) eastbound.
However, the Airport Authority wishes to go on the record as noting the following issues
for consideration prior to a final decision being made by Weld County and CDOT
concerning the swap of this section of road.
In the original 2020 CDOT Transportation Plan, the widening (to 4 lanes) of SH 263
between Hwy 85 By-pass and the east end of the airport was included. This project has
carried through to the 2025 and now the 2030 Transportation Plans. The widening of
this section of roadway was included to cover concerns over increased development,
activity and employment on the Greeley-Weld County Airport, which some day may
require these road improvements. In 2004, the airport adopted a new 20 year Airport
Master Plan, which calls for the substantial development of existing land on the east
end of the airport, near SH 263 and WCR 47, beginning as early as 2007. Primary
access to this development area would be via SH 263 and WCR 47. Additionally, WCR
47 in this area was identified as the preferred connection point by Weld County in the
recent Weld County Road 49 Corridor Study.
At the point in time when it may be necessary to widen SH 263 between Hwy 85 By-
Pass and the airport, it will need to be accomplished all the way to the WCR 47
intersection on the east end of the airport. Issues concerning multiple jurisdiction
approvals and funding would obviously be forefront in this project. It is assumed at this
time that Weld County would likely be responsible for funding that portion of the
widening from Crosier Ave. to WCR 47, which is approximately % mile in length.
Additionally, while likely not a major issue, Weld County would be taking responsibility
for % mile of roadway which is surrounded on both sides by airport property which is
now located inside the City of Greeley, as this property was annexed in 2004.
Lastly, two existing airport entrances would be located off the section of road which
would now be Weld County's responsibility, while three entrances, including the main
entrance, Air National Guard Base entrance, and airport maintenance shop entrance,
would remain accessible off that section of the road for which CDOT is responsible. It is
unclear what, if any, complications this may cause in the future for the airport
concerning road access and highway maintenance issues.
CDOT/LARIMER COUNTY/ WELD COUNTY ROAD SWAP PROPOSAL
Open House Comments
May 23, 2006
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Frank B.Hempen,Jr., RE,Director of Public Works/County Engineer
P. O. Box 758, Greeley, CO 80632
CDOT/LARIMER COUNTY/ WELD COUNTY ROAD SWAP PROPOSAL
Open House Comments
May 23, 2006
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P. O.Box 758, Greeley, CO 80632
CDOT/LARIMER COUNTY/ WELD COUNTY ROAD SWA D
Open House Comments MAY 25 2006
May 23, 2006
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P. O. Box 758, Greeley, CO 80632
CDOT/LARIMER COUNTY/ WELD COUNTY ROAD SWA
Open House Comments MAY 25 2006
May 23, 2006
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Frank B. Hempen,Jr., P.E, Director of Public Works/County Engineer
P. O. Box 758, Greeley, CO 80632
MEMORANDUM
TO: Bruce Barker, County Attorney DATE: April 11, 2007
FROM: Drew Scheltinga, P. E., County Engineer
COLORADO SUBJECT: Road Swaps
This is a follow up to our brief discussion about a resolution CDOT requires of Weld County to
complete the road swap.
Attached is:
Letter dated 3/14/07 from Julie Powers of CDOT requesting a resolution from Weld
Transportation Commission resolution TC-1477
Memo from Hempen to BOCC dated 8/22/06 outlining the process
MOU between CDOT and Weld County (never executed by CDOT)
About two weeks ago I asked Julie Powers for a copy on the executed MOU. She referred me
to Rick Gabel of CDOT whom I talked with today. Rick said CDOT doesn't need a MOU
because the Transportation Commission has passed a resolution. That works for me if it works
for you.
You might note the Transportation Commission resolution also includes abandonment of part of
the 1-25 East Frontage Road. That is part of the deal in which CDOT gave the County money to
build WCR 9 '/2 south of SH 66. We don't want to accept that in our resolution.
I am forwarding the originals of Julie Powers's letter and the Transportation Commission
resolution. They should probably be in the Clerk to the Boards file.
Please prepare a resolution for the BOCC.
Let me know if I can be of any assistance.
Thank you.
Copy: Pat Persichino, Director of Public Works
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Region Four '• , OT
1420 2n°Street
Greeley,CO 80631
(970)350-2103 Fax(970)350-2177 DEPARTMENT OF TRANSPORTATION
March 14,2007
Mr. Drew Scheltinga
Weld County Engineer
P.O. Box 758
Greeley,CO 80632-0758
Dear Mr. Scheltinga,
Attached is a copy of CDOT's abandonment resolution for State Highway 263 from Mile Post 2.67 to Mile
Post 6.747, State Highway 37 from Mile Post 0.00 to Mile Post 6.933, State Highway 256 from Mile Post
0.00 to Mile Post 2.99, and a portion of the 1-25 East Frontage Road from Mile Post 240.50 to Mile Post
241.40. This resolution also accepts portions of County Road 392 from State Highway 392 to State
Highway 14.
This is classified as a simplified transfer since funds are not involved and there are no extenuating
circumstances that would make this difficult or complicated. As a simplified transfer the need for an
intergovernmental agreement between Weld County and CDOT is therefore eliminated, and the transfer
process is streamlined and simplified by having only letters and resolutions/ordinances exchanged
between entities.
Below is the list of actions needed to complete the transfer process:
• Upon receipt of CDOT's letter and abandonment resolution Weld County will pass a resolution (or
ordinance)accepting portions of State Highway 263,State Highway 37, State Highway 256, the I-
25 East Frontage Road and abandoning portions of County Road 392 from State Highway 392 to
State Highway 14.
• Weld County will send a letter and a signed copy of their resolution (or ordinance) to:
Julie Powers
CDOT—Region 4
1420 2nd Street
Greeley, CO 80631
• CDOT—Region 4 will send a final letter to Weld County stating the roadways have been
transferred.
• CDOT will file the transfer with the County Clerk and Recorder's Office in Weld County.
If you have any questions,please call me at 970-350-2109.
Sincerely,
Julie Powers/^/
R ion 4 Business Manager
cc: Karla Harding/Regional Director Region 4
Dennis Allen/Maintenance Superintendent Region 4
James Flohr/Traffic Engineer Region 4
Rick Gabel/Program Engineer Region 4
"Taking Care To Get You There"
Resolution Number TC-1477
WHEREAS, State Highway 263, 256, 37, 66, 56 and Interstate 25
East Frontage Road are part of the State Highway System; and
WHEREAS, County Road 392 is part of the Weld County road
system; and
WHEREAS, County Road 32 (Carpenter Road) is part of the Larimer
County and City of Fort Collins road system; and
WHEREAS, under Section 43-2-102, Colorado Revised Statutes
(C.R.S.), the Colorado Department of Transportation (CDOT) has the
responsibility to maintain State Highway 263, 256, 37, 66, 56 and
the Interstate 25 East Frontage Road, and the Transportation
Commission of Colorado has the responsibility, under Section 43-1-
106, C.R.S. to formulate the general policy with respect to such
maintenance; and
WHEREAS, the Transportation Commission also has the authority,
under Section 43-2-106, C.R.S., to abandon that portions of SH 263
from Mile Post 0.00 to Mile Post 0.35 and from Mile Post 2.62 to
Mile Post 6.747 (Exhibit A), SH 256 from Mile Post 0.00 to Mile Post
2.999 (Exhibit A), SH 37 from Mile Post 0.00 to Mile Post 6.933
(Exhibit A), SH 66 from Mile Post 0.00 to Mile Post 1.416 (Exhibit
A), SH 56 from Mile Post 0.00 to Mile Post 2.999 (Exhibit A)and the
I-25 East Frontage Road from Mile Post 240.20 to Mile Post 243.20
which are no longer needed as a State Highway; and
WHEREAS, the Transportation Commission also has the authority,
under Section 43-2-106, C.R.S., to accept portions of County Road
392 between State Highway 392 and State Highway 14 and portions
of County Road 32 (Carpenter Road) between US 287 and I-25; and
WHEREAS, the Transportation Commission received from the City
of Greeley, the Town of Firestone, Weld County and Larimer County
letters accepting the abandoned portions of State Highway 263,
256, 37, 66, 56 and the I-25 east Frontage Road to their road
system (Exhibit B); and
WHEREAS, no land owner will suffer damages due to this action
provided the Cities and Counties accept the abandoned roads as
part of their road system; and
full WHEREAS, the City of Greeley 6will 3 o some Mile Post responsibility po Ntile Post
ownership of State Highway
0.635.
WHEREAS, the Town of Firestone will assume full responsibility and
ownership of the Interstate 25 East Frontage Road from Mile Post
240.20 to Mile Post 240.50.
Whereas, Weld County will assume full responsibility and ownership
of State Highway 263 from Mile Post 2.67 to Mile Post 6.747 and
State Highway 37 from Mile Post 0.00 to 6.933 and the I-25 East
Frontage Road from Mile Post 240.50 to Mile Post Highway 256 from Mile Post 0.00 to Mile 241.40 and State
Post 2.999.
WHEREAS, Larimer County will assume full responsibility and
ownership of State Highway 66le from
Mile
e Post 0 to Mile Post Mile
e Post 1.416
and State Highway 56 from
NOW THEREFORE BE IT RESOLVED, that the Transportation
Commission of Colorado abandons portions of State Highway 263
from Mile Post 0.00 to Mile Post 6.747,
e State Highway 37 fry 256 fromle Post
Mile Post 0.00 to Mile Post 2.99,
0.00 to Mile Post 6.933, State Highway 66 from Mile Post 0.00 to
Mile Post 1.416 , and State Highway 56 from Mile Post 0.00 to Mile
Post 2.999, and the Interstate 25 East Frontage Road from Mile Post
240.20 to 241.40, and accept portions of County Road 392 between
State d Highway2 (Carenter Road) etween US 287 a2 and State Highway 14 nd Interstate 25.
ons of County
Road 32 (Carp
I hereby certify that this Resolution Number TC-1477 is a true and
exact copy of the resolution adopted by the Transportation
Commission on December 14, 2006.
�feWebster, Secretary
Transportation Commission of Colorado
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