Winter Road Maintenace Agree.
D"G~~E
~c/k-~
MEMORANDUM
November 21, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Cooperative Winter Road Maintenance Agreement
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.
Public Works Director Don Vogt is recommending City Council approval of a new
Cooperative Winter Maintenance Agreement between the City and County of Dubuque.
This agreement ensures that winter road maintenance responsibilities are not split down
roadway centerlines, which is inefficient and impractical. It provides that the County will
plow and deice both side of seven roads and the City five. Centerline mileage, lane
miles, and traffic loads balance the disparity in the number of roads maintained by each
entity.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(frl14~7(};te0
Micfflael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Don Vogt, Public Works Director
..~
5~~~E
~<k~
MEMORANDUM
November 20, 2006
TO:
FROM:
Michael C. Van Milligen, City Manager
Don Vogt, Public Works Director Mf'-
SUBJECT: Cooperative Winter Road Maintenance Agreement
INTRODUCTION
The purposes of this memorandum are to provide information and recommend approval
of a new winter 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 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 1998, 1999,
and 2005 to reflect Dubuque's continued growth.
DISCUSSION
Due to the recent annexations of properties along North Cascade and Derby Grange
Roads, the winter road maintenance agreement again needs to be amended. Street
and Sewer Maintenance Supervisor John Klostermann and I met recently with County
Engineer Mike Felderman to negotiate the changes. The changes are minor, but reflect
the new boundaries on Dubuque's west and south sides. 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 seven (7) roads and the City five (5). Centerline mileage, lane miles, and traffic
loads balance the disparity in the number of roads maintained by each entity. The
proposed, amended agreement was reviewed and approved by City Attorney Barry
Lindahl. The agreement and a resolution authorizing it accompany this memorandum.
ACTION STEP
I recommend that you and the City Council consider and approve the amended,
cooperative winter road maintenance agreement between the City and County of
Dubuque.
Attachments
AGREEMENT
BETWEEN
DUBUQUE COUNTY, IOWA
AND
THE CITY OF DUBUQUE, IOWA
FOR
WINTER ROAD MAINTENANCE
This Agreement dated for reference purposes the _ day of
20_, 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) English Mill Road from Crescent Ridge southwesterly to the city
limits;
(2) Cottingham Road from Seippel Road to the city limits;
(3) North Cascade Road from Cedar Cross Road southwesterly to the
city limits;
(4) Riverside Drive from Peru Road easterly to the city limits;
(5) Lake Eleanor Road from Digital Drive southeasterly to the city limits;
(6) Middle Road from Seippel Road west to the city limits;
(7) Derby Grange Road from John F. Kennedy Road west to the 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 U.S. 20;
(3) Peru Road from the 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 limits north to Derby Grange
Road.
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 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.
DUBUQUE COUNTY, IOWA
By:
CITY OF DUBQUE, IOWA
By:
Wayne Demmer,
Chair, Board of Supervisors
Roy D. Buol, Mayor
Date:
,2006
Date:
,2006
Attest:
Attest:
Denise Dolan, Auditor
Jeanne F. Schneider, City Clerk
RESOLUTION NO. 575-06
RESOLUTION APPROVING WINTER ROADWAY MAINTENANCE
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
DUBUQUE COUNTY
Whereas, jurisdiction over certain roadways in Dubuque county is divided
down the centerline between Dubuque County and the City of Dubuque; and
Whereas, the City of Dubuque, Iowa and Dubuque County, Iowa agree
that winter road maintenance divided down 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, and John F. Kennedy
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, North Cascade Road, Riverside Drive,
Lake Eleanor Road, Middle Road, and, Derby Grange Road; and
Whereas, it is necessary that the City of Dubuque and Dubuque County
enter into an agreement regarding the winter maintenance on these roadways.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby
approves and directs the Mayor to sign the attached Winter Roadway
Maintenance Agreement with Dubuque County for winter maintenance
operations on said roadways.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
uOv