Changes from September 25, 2019 meeting WORKING DRAFT: September 25, 2019 MEMORANDUM OF UNDERSTANDING ‘TO IMPLEMENT A CONDITION OF MANDATORY REFERRAL SITE PLAN (STP2018-00840) BETWEEN THE CITY OF ROCKVILLE and MONTGOMERY COUNTY PUBLIC SCHOOLS REGARDING FIELD USE AT JULIUS WEST MIDDLE SCHOOL THIS MEMORANDUM OF UNDERSTANDING (‘Memoranda o# “MOU") is made this _—— Gay oF September, 2019, by and between the MONTGOMERY COUNTY PUBLIC SGHGOLS, system of public schools operated by the Board of Education of Montgomery County, Marland (MCPS, and the CITY OF ROCKVILLE (‘CLLY", epatding the vse of Geld Julius ‘West Middle Schocl. MCPS and CITY are sometimes refeered to herein individually as a “Panty” and collectively as the “Pasties” WHEREAS, the CITY and MCPS: "+ Recognize the imponance of adequate quality school fclitice, buildings, and grounds a clements of the public ifrastuctuse; © Recognize their mutual interest in. minimizing impacts to suxounding neighbors and neighborhoods when providing community use of pablle facies; * Acliowledge the azed to develop 2 comprehensive agreement to moaitor impacts associated ‘wich cafe, parking, noise, and lighting and ways to which to jointly mitigate potential future mptcte thee may arte from she improvements to the fields at Jl West Middle School NOW, THEREFORE, for good und valuable coatidenation, the secipt and sufficiency of which the Pantie acknowledge, the Parties agree as flows Asticte 1 = ackground In Jue 2086, dhe Montgomery County Board of Edvestion approved a vetlement agreement with Montgomery Soccer, Ine. CSI"). As part of this agreement, MSI contabuted fanding for the construction of new sfc turf fields with ights at several schools withia the County, in exchaige for acces tothe fell for specied mes when nat inte by the schools. Oe ofthe schools identified in the satetnentagaseanent is Jive Wert Middle School _Acits Apal 4, 2018 meeting, the Ciy of Rockville Planaing Commission (Planning Commission”) ‘coidered aad voted to approve application (STP2016-00340), subject to certs conditions, to add thro acl tar fields (the “EIELDS") over an existing gras field on che south sie of the echool, adjacent to 1-270. The Ping Commission approval allows foe te instalation ofthe FIELDS with the addition often (10) poles oF 601070" ia height to peovide ighing fr the FIELDS, on tbe ste of Jolios West Middle School at 651 Gieat Palle Road, ‘Gay of Rocolle / MCPS Jolie West dale School MOU September 25,2019Under the approval ofthis mandatory referal application, and in sstociation with the planned site development, the Planning Commission approved the following conditions: 1. The site improvements are to be constructed and dmplemented in accordance with site development plans submitted as past ofthe application. 2 All construction most meet sequitements of the CITY": constnuction, fre and life safety ‘dy, 2¢ well as Maryland Stace accessibility sve, andl Americans with Dieabiltes Act (ADA) requirements 4 MCPS chall ener into a MOU with the CITY to monitor impacts associated with waffc, parking, nite and lighting, and to set the hours of operation. The MOU is co includ joint Imihgation mesures to adsves Stone smpace tat may arise in any of the sbowe-referenced teat of poesible impact ‘The projectinvolves the ceation ofthe FIELDS tthe locaton of what was open grass Selds located south of the esting middle school. The location sat she northwest intessetion of Falls Road and I- 2270, ith 4 Fosest Conservation Basement separeting the FIELDS from the Interstate. Both FIELDS, willbe cade of synthetic tut, The lager of the FIELDS totale approcimtly 101,400 square fee: ia tea and will contain si (lights with a maximum pole height of 10 fee. The stale: ofthe FIELDS ‘wale 58,441 square fet in area and will contain four (lights witha maxim pole height of 6) feet (Other miscelaneous improvements include benches forthe smaller of the FIELDS, and moxlificaions te the existing “mooning loop" around the atget of the FIELDS. There is no plan to provide any signage or scorebosedsat this time; nor are there any improvement tothe echool building proposed ab ‘a roaul of the project, “The lights will be placed slong the north end south sides of the FIELDS. The lights are designed to Focus downwards to midgate gare and spillage onto adjacent properties. The closest residential ‘properties tothe FISLDS ar dhe homes aczose Great Falls Road oa Maseus Cout in the Markwood, cignborhood, which aze approximately 225 feet from the lcger of the FIELDS. The towahomes slong Blaze Climber Wey & Rove Fils Fall, are approximately 330 ect ltom the nowthwest comer of the smalls ofthe FIELDS. |MCPS will provide MSI with programmed nse ofthe FIELDS purmant tothe terms of field use sgleement (Tid Use Agreement”), with MST having access duting specified ines when the FIELDS {te aot in wie or eserved for school fznctions. Programmed xcivites For both MCPS and MSI will ‘uelize vehicola acess and patking as curently exits on the tude school site. Access to the middle school site i via Gren Falls Road, fa total, the middle schoo sie supposes 240 surface parking spaces, ‘cluding use ofthe bus area for patking ducing noo school how 2 Pasject Contacte ‘The designated MCPS Project Contact, wo will oversee and cootdinate the implementation of this MOU, shall be De. Andeew Zuckerman [MCPS Chief Opersting Officer ‘Gy of Reckle / ICPS— ulus Wat Middle School MOU September 25,2019,240-7403050, Andsew_zuckemman@mncpsnd gov ‘Montgomery County Public Schools 45 West Gude Deve Rockville, Ma 20850 ‘The docignaied CITY Project Contact, who will overese and coordina‘ the implomentation ofthis MOU, shall be: Robert Dipcito ity Manager 240-314-8102, edispirto@eockvilemd gov City of Rodel 111 Maryland Ave Rockville, MD 20850 Each Pasty may change its designated project contact by giving wstten notice to the other Party. Any ‘notice or communication regarding thie MOU thall be in waiting and personally delivered ot railed to the Project Contacts, with copies to Office of Geaeral Counsel ‘Montgomery County Publi Schools 850 Hungerford Drive, Room 156 Rodlvle, MD 20850 City Atwomey’s Office Ciry of Rockville 111 Marylane Avenve Rockrile, MD 20850 In addition t the Project Contacts, MCPS will provide the CITY with the names, current phone smumbers, and email addresses of MCPS staf for CITY staff to contact during regular work hours to address ay-to-dey operation: concems regarding wee and maintenance ofthe FIBLDS; and the CITY will provide MCPS with the names, curent phone mumbers, and email addreses of CITY staf for MCPS stato contact daring and aftr rogue work hours to address day-to-day operational concerns regarding use and maintenance ofthe FIELDS. (Contac after regular work hours regarding FIELDS vse will accur through the afer hours protocol for Commiinty Use of Public Faciises (*CUPF), The CUPF website directs users 8 phone number for concems needing sttention after hours. Tis number can be accessed at the following Kale bicp://snmontgomcrycount dos uplink other form /caplteach him ‘Anticle = Hours of Operation “The hours of operation of FIELDS use outside of school hours willbe subject tothe crits et forth in Arve 5, Lani Standard, and limited ro the following: ‘¢ Weekdays: Afer school dismissal unl 9:45 pm. (Cay of Radke MCPS — Jue Wert Nile School NOU September 23,2019© Weskends 8.00 am* uni 945 pm. ‘© Holidays and MCPS sclool break: 8:00 am until 9:45 pm "Games will ot hegin pai t9 6:0 amo FIELDS cess may st up forthe wse pion to 8:00 am. Atel 4 Pasking Onsite pasking will be provided and osed co the maximum extent potible. MCPS wil delineate stldidonal packing in the bus loop with secondary siping for ears pot tothe wre of the FIELDS by MSI. The names oF spaces in dh bus loop will be approsimatay 108 spaces, which will nckade four handicap accessible spaces. This would rest ina total of 240 on-site pasking spaces, MCPS will provide apathing diagram to MSI, the CITY, and CUD? for incorporation intoinfosmation sud pemuts provided © pemutted users of the PIELDS. The CITY will provide MCPS with {information about CITY parking regulations The provided public pazking informacion willbe shared swith other iners ofthe FIELDS. “As pat ofits eld use agreement with MST, MCPS will include tems sequiing that MSI provide picking information to all participants, couches, specators xad others uellzing the FIELDS. In fdditon, MCPS will wark with CUPF to proside pueking information to other peemicted users of the FIBLDS, Sock communication wil encourage exrpoaling and other stratoyis to redace the need for parking, and se-will encourage respectial use of lpal putking in the CITY. Communication will lo Indicate othe pasking options oralerasives that are avaiable inthe ate MCPS and the CITY expect that standard practice and regula league game activity as scheduled by [MST willbe supported by the 240 parking spaces onsite. MCPS will monitor the experience of practice sed game atendance and parking, and it will equie MSI to engage in such monitoring, as part ofits feld ose agreement with MS. [As par of ts Fiell Use Agreement with MSI, MCPS will include tems requitng tha, for any event ‘chediled by MSI for which MSI anticipates parking ned greater than 240 vehicles atone time, MS will provide notice ofthe erent nolater han 30 days pce tothe date ofthe event. Notice will nehde «plan for overflow parking, which may include, but isnot limited to, use of azea lots, implementing antcipant deop-of,plemeanting»shule serve, using a parking attendant to dict users overflow parking, ing an off ay poe officer wo manage trafic along Great Fas Road, and communication with ppatcipants inthe event. The plan wil be provided to and approved by MCPS and the CTTY Project Contacte, Asicle 5 Noise Oninance As part of is Field Use Agreement with MST, MCPS will inchude terns requsing hat MSI will abide by the Montgomery County Noise Ordinance regulations. MCS wil work with CUPF to inckade i ‘CUE pessl xequiceinens that other permited beets ofthe FIELDS wil ahide by the Monigorse-y County Noise Ordinance regulations (MCPS agrees hat no sound amplification sytem will be iastalled or be allowed to be used atthe (Gry offiocinle MOPS Jalle West Middle School MOU Septemet 25,2019FIELDS. Aticle 6 — Lighting Seanad “The use of FIELDS light shall not he permitted between tae hers of S48 pm and 00 am. FIELDS light wil be ect eo sam off antontialy at 9:45pm. MCPS will ensure thatthe FIELDS lights meet the standards as approved in the site pln for the FIELDS, Aticle T= Mitigation Processes ‘The Panties comms to reguae meetings and/or conference calle to discuss the ese addressed in this agreement and any areas of concern. Such mestngs wil bebeld monthly Gor the fst six (0) months ff Geld use, and the frequency may be adjusted following this initial period with the agreement of bh panies “The Panties agree hata single representative f-om the Rose Hil, Rose Hil Falls, New Mark Commons, ‘Masivood, and West Bad Citizens Association will be invited to participate inthe reolar meetings and/orconterence calls “The Parties sgree to monitor the impact of parking, lighs, noite, and communication as ourlined in this MOU, The Pacis agree to dacs any Gangreements cegatcing areas addressed i this MOU se person and apice to use a good fith efforts to resolve and reach solutions. Asicle 8 — Restroom Easties [MCPS will net allow the use of potable toilet, auch se porta join without prior approval by dhe CIPY, Restoom fits wil be provided within Julie West Middle School or through the wre of portable restroom tae: files. Ax pat of its Field Use Agreement with MSI, MCPS wil nude terms requiring MST to make aangements through CUPF with MCPS for acessary ute ofthe schoo] ‘nslelngs, incloding bathroom Facies. Ail 9 Miscellanea [MCPS will povide the CITY with copy of the executed Field Use Agreement with MST Any changes to the Hield Use Agreement must be provided to the CITY. MCPS slso wil provide MSU's use schedule information to the CTTY. Schedules wilhe provided prior tothe start ofeach paying season, sand updated every two montis of as needed to communicate addtional change. Tis Further understood and agreed that sis MOU contains the entite agreement bereen the Parties hers and shall not be tefied ia any manner except hy aa instrament in wting duly execnted by the Parties here This MOU may be executed in counterparts, each of which shall be deemed an ‘original and which together sball constitute one and the same iastrament Each Pasty may sly on facsinile of Adobe Porable Document Pormat (PDF) sigaatue pages as if such facsimile or PDF sigaature pages weve otyinls "Thi MOU is effective a ofthe date i fs executed and remains in fall force an effect so long as the FIELDS ate wed by wie other shan MCPS, Gey of civic / MCPS Jair Sepueeaber 25, 2019 7 Miele School NOU[SIGNATURE PAGE FOLLOWS} (Gy of Rockale MOPS — aioe Wert Middle School NOU September 25,2019IN WITNESS WHEREOF, the undersigaed being duly authorized bp te respective agencies, bas seqned thie MOU, City of Rocleile, Maryland: ‘Name, Tite Date “Montgomery County Public Schools: Name, Tile Date Septerber 25,2049