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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 � AIFA�erlwGh UB E '�� III► 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 Dus E �'�� 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 on -minion Plumber 7 yumm!�alxlra6 c2C(7 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