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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