Dubuque County Cooperative Winter Maintenance AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Cooperative Winter Road Maintenance Agreement
DATE: November 26, 2011
Dubuque
kard
All- America City
I
2007
In 1995 the State declared that a city which annexes property on only one side of a
county road must maintain that road to its centerline.
Due to the County's loss of its North Cascade Road bridge immediately outside
Dubuque's corporate limits last July, and its continued closure, Public Works Director
Don Vogt recommends that the winter road maintenance agreement be amended. The
only change to the agreement is that the City will provide winter snow and ice control
maintenance on the County's very short section of North Cascade Road north of the
North Cascade Road bridge. The proposed agreement is premised once again on
common sense, effectiveness, and efficiency, but obviously in this particular instance, it
is not due to a recent expansion of Dubuque's corporate limits. Centerline mileage,
lane miles and traffic loads will continue to be relatively equal for both the City of
Dubuque and County of Dubuque.
The new Cooperative Winter Maintenance Agreement between the City and County of
Dubuque ensures that winter road maintenance responsibilities are not split down
roadway centerlines, which is inefficient and impractical.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Don Vogt, Public Works Director
THE CITY OF
Dui
Masterpiece on the Mississippi
TO Michael C Van Milligen, City Manager
FROM Don Vogt, Public Works Director DIU
DATE November 17, 2011
SUBJECT Cooperatve Winter Road Maintenance Agreement
Dubuque
had
All-America City
'I 1 1 I'
2007
INTRODUCTION
The purposes of this memorandum are to provide information and request your endorsement of a new winter road
maintenance agreement with the 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 a ruling that year regarding annexations The State ruled that the annexation of
property on only one side of a rural 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 as
centerline Recognizing the logistical difficulties presented by such a scenario, City and County of Dubuque staff negotiated 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
1990,1999,2005,2006,2009 and last year to reflect Dubuque's continued growth
DISCUSSION
Due to the County's loss of its North Cascade Road bridge immediately outside Dubuque's corporate limits last July, and its
continued closure, the winter road maintenance agreement again needs to be amended Street and Sewer Maintenance
Supervisor John Ilostermann and County Engineer Brett Wilkinson recently agreed to a relatively minor change to last year's
agreement, which the County's Board of Supervisors subsequently endorsed last week The only change is to have the City
provide winter snow and ice control maintenance on the County's very short section of North Cascade Road north of the
noted bridge As noted to you in previous years, prior amendments and the original agreement ensured that winter road
maintenance responsibilities are not split down roadway centerlines, which is obviously very inefficient and impractical The
proposed agreement amendment is premised once again on common sense, effectiveness, and efficiency, but obviously in
this particular instance, it is not due to a recent expansion of Dubuque's corporate limits Centerline mileage, lane miles, and
traffic loads would continue to be relatively equal for each entity
ACTION TO BE TAKEN
I request your consideration of the attached agreement and your endorsement of same
Prepared by
Don Vogt
Preparer's Name: Mary Lammers 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 the 7th day of N ovember, 2011,
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 Tying
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;
(4) Derby Grange Road from John F. Kennedy Road west to the City of
Dubuque city limits;
(5) 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) OId Highway Road from U.S. 20 westerly to Seippel Road;
(2) Cousins Road from the OId Highway Road south to U.S. 20;
(3) Peru Road from the City of Dubuque city limits near Kennedy Court 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 Derby
Grange Road;
(6) Middle Road from Seippel Road to Jonquil Terrace.
(6) North Cascade Road from Cedar Cross Road southwesterly to the North
Cascade Road Bridge;
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.
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
ATTEST:
)27 6-7444_, co-ai,vvt4.„€
Date: November 7 , 2011.
'
,Mona Manternach, Dubuque County Deputy Auditor
On this 7th day of November , 2011, before me, Mary Ann Specht , a Notary Public, in and for the
State of Iowa, personally appeared Wayne Demmer and Mona Manternach, to me personally known and who, being
duly sworn, did say that they are the Chairperson of the Board of Supervisors and 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, on the 7h day of November ,
2011, and Wayne Demmer and Mona Manternach 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.
Mary Ann Specht, No
APPROVED BY: CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
ATTEST:
5)70-e- —
• II' MARY ANN SPECHT
n
•F Commission Number 153583
,„„;.-- My Comm. Exp.
Date: /// , 2011.
Ke 'n S irnstahl, Dubu
On this /�_ day of
City Clerk
, 2011, before me,
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 C Council, as
contain the resol tion adopted by the City Council, of the City of Dubuque City Council on the day of
//
/-,7A , 2011, and Michael C. Van Milligen and Kevin S. Firnstahl acknowledged the
execution of the instrument to be their voluntary act deed and the volu ary act and deed of the corporation, by it
voluntarily exe -oted.
ray a SUSAN M. WINTER
0 T COMMISSION NO.183274
• MY COMMISSION EXPIRES
2/14/14
a
Not.ry Public