Amended Winter Road Maintenance 28E Cooperative Agreement with Dubuque County Copyrighted
December 3, 2018
City of Dubuque Consent Items # 9.
ITEM TITLE: Amended Winter Road Maintenance 28E Cooperative
Agreement with Dubuque County
SUMMARY: City Manager recommending approval of a new Winter
Road Maintenance Agreement between the City of
Dubuque and Dubuque County.
RESOLUTION Approving an amended 28E Cooperative
Winter Maintenance Agreement between the City of
Dubuque and Dubuque County
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Cooperative W inter Road Maintenance Agreement- City Manager Memo
NNM Memo
Staff Recommendation Memo Staff Memo
28E Amended Agreement Staff Memo
Resolution Approving Agreement Resolutions
THE CITY OF Dubuque
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Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Cooperative Winter Road Maintenance Agreement
DATE: November 26, 2018
Public Works Director John Klostermann recommends City Council approval of a new
Winter Road Maintenance Agreement between the City of Dubuque and Dubuque
County.
Due to the recent annexations of properties along Derby Grange Road, the Winter Road
Maintenance Agreement needs to be amended to ensure that winter road maintenance
responsibilities are not split down roadway centerlines, which is inefficient and
impractical. Current snow and ice control operational responsibilities determine the
number of roads maintained by each entity.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�1.� ��, i�,�
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
John Klostermann, Public Works Director
THE CITY OF DUbuC�ue
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Masterpiece on the Mississippi 1 I I I I=/
TO: Michael C. Van Milligan, City Manager
FROM: John Klostermann, Public Works Director
DATE: November 15, 2018
SUBJECT: Cooperative Winter Road Maintenance Agreement
INTRODUCTION
The purposes of this memorandum are to provide information and recommend approval of
a newwinter road maintenance agreement between the City and County of Dubuque.
BACKGROUND
In 1995, the City and County of Dubuque entered into their first cooperative winter road
maintenance agreement. That agreement was prompted by legislation and rulings that
year regarding annexations. The State ruled that annexations of property only on one side
of a road did not excuse the annexing city from road maintenance responsibilities. The
State declared that a city that annexes property on only one side of a county road must
maintain its portion of that road to its centerline. Recognizing the logistical difficulties
presented by such a scenario, City and County of Dubuque staff developed a 28E
agreement in 1995 addressing roadways impacted by the State's legislation. This
agreement was then approved by the Dubuque County Board of Supervisors and the
Dubuque City Council in the fall of 1995. It was subsequently amended in 1998, 1999,
2005 and 2016 to refled Dubuque's continued growth.
DISCUSSION
Due to the recent annexations of properties along Derby Grange Road, the winter road
maintenance agreement again needs to be amended. I have wnrked with County
Engineer Anthony Bardgett on the changes. The changes are minor, but reflect the new
boundaries on Dubuque's north west side. They ensure that winter road maintenance
responsibilities are not split down roadway centerlines, which is inefficient and impractical.
The new agreement provides that the County will plow and deice both sides of four (4)
roads and the City eight (8). Current snow and ice control operational responsibilities
determine the number of roads maintained by each entity. The new agreement and a
resolution from the Dubuque County Board of Supervisors accompany this memorandum.
ACTION STEP
I request that you and the City Council consider and approve the attached amended,
cooperative winter road maintenance agreement between the City and County of
Dubuque.
Prepared by John Klostermann, Public Works, 925 Kerper Ct., Dubuque, IA 52001, (563) 589-4250
Return to: Kevin Firnstahl, City Clerk's Office, City Hall- 50 W. 13th St., (563) 589-4100
RESOLUTION NO. 354-18
APPROVING AN AMENDED 28E COOPERATIVE WINTER MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY
WHEREAS, certain roadways in Dubuque county are divided down the centerline
between Dubuque County and the City of Dubuque; and
WHEREAS, the City of Dubuque, Iowa and the Dubuque County, Iowa agree that winter
road maintenance divided down the roadway centerlines is not cost efficient or practical;
and
WHEREAS, the City of Dubuque is willing to perform winter maintenance operations on
portions of roadways located in Dubuque County, specifically, Old Highway Road, Cousins
Road, Peru Road, Seippel Road, John F. Kennedy Road, Derby Grange Road, Middle
Road, and North Cascade Road; and
WHEREAS, Dubuque County is willing to perform winter maintenance operations on
portions of roadways located in the City of Dubuque, specifically, English Mill Road,
Cottingham Road, Lake Eleanor Road and Old Highway Road; and
WHEREAS, it is necessary that the City of Dubuque and Dubuque County enter into an
amended 28E agreement regarding the winter maintenance on these roadways.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Cooperative Winter Maintenance Agreement between the City of Dubuque
and Dubuque County is hereby approved.
Section 2. The City Manager is hereby directed to sign the attached amended 28E
Agreement with Dubuque County for winter maintenance operations on said roadways.
Passed, approved and adopted this 3rd day of December 2018.
Roy D. Buol, Mayor
i\ n rrrr+TTES :r_
Kev��i S. Firnstahl, City Clerk
Paul D. Pate
Secretary of State
State of Iowa
28E
Agreement
FOR OFFICE USE ONLY:
FILED
M511353
12/11/2018 1:02:46 PM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems
*Enter "Other" if
not in Iowa
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Define the duties and responsibilities for winter maintenance on roads lying within the jurisdiction of the other public
agency.
Item 4. The duration of this agreement is: (check one) ❑Agreement Expires ®Indefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
▪ NO
❑ YES Filing # of the agreement:
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name FIRST Name
Title Public Works Director Department Public Works Director
Email Phone 563-589-4100
Full Legal Name
Organization Type
*County
Party 1
City of Dubuque, Iowa
City
Dubuque
Party 2
Dubuque County, Iowa
County
Dubuque
Party 3
Party 4
Party 5
Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems
*Enter "Other" if
not in Iowa
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Define the duties and responsibilities for winter maintenance on roads lying within the jurisdiction of the other public
agency.
Item 4. The duration of this agreement is: (check one) ❑Agreement Expires ®Indefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
▪ NO
❑ YES Filing # of the agreement:
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name FIRST Name
Title Public Works Director Department Public Works Director
Email Phone 563-589-4100
Prepares s Name: Mary Ann Knapp Address: 13047 City View Or., Dubuque, Iowa 52002 Telephone: (503) 557-7283
Return To: Dubuque County Engineer .Address: 13047 City View Dr., Dubuque, lova 52002 Telephone: (563) 557-7283
Agreement Between
DUBUQUE COUNTY, IOWA
and
THE CITY OF DUBUQUE, IOWA
for
WINTER ROAD MAINTENANCE
This Agreement, dated for reference purposes the , day of November, 2018, is
made and entered into by and. between Dubuque County, Iowa and the City of Dubuque, Iowa
pursuant to Iowa Code Chapter 28E.
The purpose of this Agreement .shall be to define the duties and responsibilities of
Dubuque County and the City of Dubuque for winter maintenance on roads lying within the
jurisdiction of the other public agency, as agreed to herein.
SECTION 1: MAINTENANCE BY DUBUQUE COUNTY. Dubuque County agrees to perform
winter maintenance operations on the following roadways:
(1)
(2)
(3)
(4)
English Mill Road from Crescent Ridge southwesterly to the City of Dubuque city
limits;
Cottingham Road from Seippel Road to the City of Dubuque city limits;
Lake Eleanor Road from Digital Drive southeasterly to the City of Dubuque city limits
and from U.S. Highway 151-61 westerly to Timothy St;
Old Highway Road from Seipp& Road westerly to the City of Dubuque city limits.
SECTION 2. MAINTENANCE BY CITY OF DUBUQUE. The City of Dubuque agrees to
perform winter maintenance operations on the following roadways:
(1) Old Highway Road from U.S. 20 westerly to Seippel Road;
(2) Cousins Road from the Old Highway Road south to end of pavement;
(3) Peru Road from the City of Dubuque city limits near Tanzenite Drive north to
Riverside Road;
(4) Seippel Road from Cottingham. Road north to Chavenelle Road;
(5) John F. Kennedy Road from the City of Dubuque city limits north to Rupp Hollow
Road;
(6) Derby Grange Road — John F. Kennedy Road to Barnwood Lane;
(7) Middle Road from Seippel Road to Jonquil Terrace;
(8) North Cascade Road from Cedar Cross Road southwesterly to Edval Lane.
SECTION 1 MAINTENANCE DEFINED. Winter maintenance shall be defined as the
clearance of snow and ice from the roadway and the placement of sand, salt, or other abrasives
and deicers as needed upon the roadway.
SECTION 4. TERM. This Agreement shall take effect upon approval by'both parties and shall
continue in effect until terminated as set forth herein.
1 of 2
SECTION 5. TERMINATION. This Agreement may be terminated at any time by either party
upon thirty (30) days written notice to the other party.
SECTION 6. ADMINISTRATION OF AGREEMENT. The County Engineer and the City of
Dubuque Public Works. Director shall administer this Agreement. The County Engineer shall
consult with the Dubuque County Board of Supervisors and the Dubuque Public Works Director
shall consult with .the Dubuque City Manager on matters related to this Agreement. No teal or
personal property shall be aoquired by either party during the term of this Agreernent.
SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for the winter
maintenance of a roadway shall defend, indemnify and hold harmless the other party, its officers,
agents and employees, from any and all causes of action, suits at law or in equity, losses,
damages, claims or demands, and from any and all liability and expense of whatsoever nature,
arising out of or in connection with the party's performance or failure to perform its winter
maintenance duties on such roadway,
IN WITNESS THEREOF, the parties have set their hands, for the purpose herein expressed.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPEIVISORS
Jay Wickham,. Chair
ATTEST:
Mary J. `f4abel, Dubuque County Deputy Auditor
Date:, f J,1 >/e e," 1 , 2018
p Bim.
On this.. 1 . day of . 16 P- r— , 201.8 before me, YtZ5-e -Do ta.tt , a Notary
Public,in and for the State of Iowa, personally appeared Jay Wickham and Mary Habel,to the personally known ;and who,, being
duly sworn,' did say that they are the Chairperson of the Board of Supervisors and Deputy County Deputy Auditor, respectively,,
of the County of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the'corporetlon, and
that the instrument was signed and sealed ori behalf of the corporation, by authority of its Board of Supervisors, as contained in
the resolution adopted by the Board of Supervisors, under Resolution No.
i?` -30 1 of the Board of Supervisors on the 16 day of i~,10 u 'r` b .s , 2018, and
Jay Wickham and Mary Hahel acknowledged the execution of the instrumentto be theirvoluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
APPROVED BY: CITY OF DUBUQUE, IOWA
Michael C. Van Milligan, City Manager
ATTEST:
Kevin S irnstahl, Dubuque City Clerk
On this / S A day of A/nep}1 J QQ" 2018, before me, �tra/a a lo. 44 (/ .`/1/
a Notary Public, in and for the State of lows, personally appeared Michael C. Van Milligen and Kevin 5, Firnstahl, to me
personally known and who, being duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument
was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the resolution adopted by
the City Council, under Resolution No. , of the City of Dubuque City Council on the day
of , 2018 and Michael C. Van Milligen and Kevin S. Firnstahl acknowledged the execution of the instrument
to be their voluntary act deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public •
Date:
, 2018
JUAMr1 A HII.KIN
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2 of 2
Prepared by John Klostermann, Public Works, 925 Kerper Ct., Dubuque, IA 52001, (563) 589-4250
Return to: Kevin Firnstahl, City Clerk's Office, City Hall- 50 W. 13th St., (563) 589-4100
RESOLUTION NO. 354-18
APPROVING AN AMENDED 28E COOPERATIVE WINTER MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY
WHEREAS, certain roadways in Dubuque county are divided down the centerline
between Dubuque County and the City of Dubuque; and
WHEREAS, the City of Dubuque, Iowa and the Dubuque County, Iowa agree that winter
road maintenance divided down the roadway centerlines is not cost efficient or practical;
and
WHEREAS, the City of Dubuque is willing to perform winter maintenance operations on
portions of roadways located in Dubuque County, specifically, OId Highway Road, Cousins
Road, Peru Road, Seippel Road, John F. Kennedy Road, Derby Grange Road, Middle
Road, and North Cascade Road; and
WHEREAS, Dubuque County is willing to perform winter maintenance operations on
portions of roadways located in the City of Dubuque, specifically, English Mill Road,
Cottingham Road, Lake Eleanor Road and OId Highway Road; and
WHEREAS, it is necessary that the City of Dubuque and Dubuque County enter into an
amended 28E agreement regarding the winter maintenance on these roadways.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Cooperative Winter Maintenance Agreement between the City of Dubuque
and Dubuque County is hereby approved.
Section 2. The City Manager is hereby directed to sign the attached amended 28E
Agreement with Dubuque County for winter maintenance operations on said roadways.
Passed, approved and adopted this 3rd day of December 2018.
OLJ
Or
Roy D. Buol, Mayor
ATTEST:
Kevin S. Firnstahl, City Clerk
Preparer's Name: Mary Ann Knapp Address: 13047 City View Dr., Dubuque, Iowa 52002 Telephone: (563) 557-7283
Return To: Dubuque County Engineer Address: 13047 City View Dr., Dubuque, Iowa 52002 Telephone: (563) 557.7283
Agreement Between
DUBUQUE COUNTY, IOWA
and
THE CITY OF DUBUQUE, IOWA
for
WINTER ROAD MAINTENANCE
This Agreement, dated for reference purposes theday of November, 2018, is
made and entered into by and between Dubuque County, I.owa and the City of Dubuque, Iowa
pursuant to Iowa Code Chapter 28E
The purpose of this Agreement shall be to define the duties and responsibilities of
Dubuque County and the City of Dubuque for winter maintenance on roads lying within the
jurisdiction of the other public agency, as agreed to herein.
SECTION 1: MAINTENANCE BY DUBUQUE COUNTY. Dubuque County agrees to perform
winter maintenance operations on the following roadways:
(1) English Mill Road from Crescent Ridge southwesterly to the City of Dubuque city
limits;
(2) Cottingham Road from Seippel Road to the City of Dubuque city limits;
(3) Lake Eleanor Road from Digital Drive southeasterly to the City of Dubuque city limits
and from U.S. Highway 151-61 westerly to Timothy St;
(4) Old Highway Road from Seippel Road westerly to the City of Dubuque city limits.
SECTION 2. MAINTENANCE BY CITY OF DUBUQUE. The City of Dubuque agrees to
perform winter maintenance operations on the following roadways:
(1) Old Highway Road from U.S. 20 westerly to Seippel Road;
(2) Cousins Road from the Old Highway Road south to end of pavement;
(3) Peru Road from the City of Dubuque city limits near Tanzenite Drive north to
Riverside Road;
(4) Seippel Road from Cottingham Road north to Chavenelle Road;
(5) John F. Kennedy Road from the City of Dubuque city limits north to Rupp Hollow
Road;
(6) Derby Grange Road — John F. Kennedy Road to Barnwood Lane;
(7) Middle Road from Seippel Road to Jonquil Terrace;
(8) North Cascade Road from Cedar Cross Road southwesterly to Edval Lane.
SECTION 3. MAINTENANCE DEFINED. Winter maintenance shall be defined as the
clearance of snow and ice from the roadway and the placement of sand, salt, or other abrasives
and deicers as needed upon the roadway.
SECTION 4. TERM. This Agreement shall take effect upon approval by'both parties and shall
continue in effect until terminated as set forth herein.
1 of 2
SECTION 5. TERMINATION. This Agreement may be terminated at any time by either party
upon thirty (30) days written notice to the other party.
SECTION 6. ADMINISTRATION OF AGREEMENT, The County Engineer and the City of
Dubuque Public Works Director shall administer this Agreement. The County Engineer shall
consult with the Dubuque County Board of Supervisors and the Dubuque Public Works Director
shall consult with the Dubuque City Manager on matters related to this Agreement. No real or
personal property shall be acquired by either party during the term of this Agreement.
SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for the winter
maintenance of a roadway shall defend, indemnify and hold harmless the other party, its officers,
agents and employees, from any and all causes of action, suits at law or in equity, losses,
damages, claims or demands, and from any and all liability and expense of whatsoever nature,
arising out of or in connection with the party's performance or failure to perform its winter
maintenance duties on such roadway.
IN WITNESS THEREOF, the parties have set their hands for the purpose herein expressed.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
Jay Wickham, Chair
AlIEST:
(.14
1 y
Mary J. ,babel, Dubuque County Deputy Auditor
Date: P '? i' b ter- 13 , 2018
r
On this. / day of 0 et e i --irk! , 2018, before me, -lei .^, S �0 la, n , a Notary
Public, in and for the State of Iowa, personally appeared Jay Wickham and Mary Habel, to me personally known and who, being
duly sworn, did say that they are the Chairperson of the Board of Supervisors and Deputy County Deputy Auditor, respectively,
of the County of Dubuque, Iowa, that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and
that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in
the_ resolution adopted by the Board of Supervisors, under Resolution No.
h.. 3o I of the Board of Supervisors on the (5 1--'-`` day of l', -lc, -'rn be , 2018, and
Jay Wickham and Mary Habel acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
APPROVED BY: CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
ATTEST:
Kevin S irnstahl, Dubuque City Clerk
iLJl�✓L'�
Notary Public
Date:
, 2018
On this / 3 ��` day of NO. tier & j F r 2018, before me, Z -tram. 4 '4. 44 t l' -f' \-/ .
a Notary Public, in and for the State of Iowa, personally appeared Michael C. Van Milligen and Kevin S. Firnstahl, to me
personally known and who, being duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument
was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the resolution adopted by
the City Council, under Resolution No. of the City of Dubuque City Council on the day
of 2018 and Michael C. Van Milligen and Kevin S. Firnstahl acknowledged the execution of the instrument
to be their voluntary act deed and the voluntary act and deed of the corporation, by it voluntarily executed.
1J` -r-4 Cite
Not ry Public
2 of 2
Prepared by John Klostermann, Public Works, 925 Kerber Ct., Dubuque, IA 52001, (563) 589-4250
Return to: Kevin Firnstahl, City Clerk's Office, City Hall- 50 W. 13th St., (563) 589-4100
RESOLUTION NO. 354-18
APPROVING AN AMENDED 28E COOPERATIVE WINTER MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY
WHEREAS, certain roadways in Dubuque county are divided down the centerline
between Dubuque County and the City of Dubuque; and
WHEREAS, the City of Dubuque, Iowa and the Dubuque County, Iowa agree that winter
road maintenance divided down the roadway centerlines is not cost efficient or practical;
and
WHEREAS, the City of Dubuque is willing to perform winter maintenance operations on
portions of roadways located in Dubuque County, specifically, OId Highway Road, Cousins
Road, Peru Road, Seippel Road, John F. Kennedy Road, Derby Grange Road, Middle
Road, and North Cascade Road; and
WHEREAS, Dubuque County is willing to perform winter maintenance operations on
portions of roadways located in the City of Dubuque, specifically, English Mill Road,
Cottingham Road, Lake Eleanor Road and OId Highway Road; and
WHEREAS, it is necessary that the City of Dubuque and Dubuque County enter into an
amended 28E agreement regarding the winter maintenance on these roadways.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Cooperative Winter Maintenance Agreement between the City of Dubuque
and Dubuque County is hereby approved.
Section 2. The City Manager is hereby directed to sign the attached amended 28E
Agreement with Dubuque County for winter maintenance operations on said roadways.
Passed, approved and adopted this 3rd day of December 2018.
ATTEST:
Kev,i, S. Firnstahl, City Clerk
0
Roy D. Buol, Mayor