Intergovernmental Collaboration

DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration The success of the Smart Plan will rely on the ability of individual communities to come together as a region to achieve a common goal. Historically, the communities in Dubuque County have a good working relationship. Dubuque County communities are able to cooperate to complete projects of mutual interest. Communities also work together to share information, resources, and are active in several regional organizations. However, communities could also be taking advantage of many opportunities for collaboration in economic development, environmental and agricultural protection, and resource sharing. This chapter will outline current collaboration efforts within the county and profile several regional organizations that facilitate collaboration. The chapter will also discuss past conflicts between Dubuque County municipalities and identify opportunities for collaboration.

Recommendations included in this chapter will allow communities to prevent and resolve conflicts and help all Dubuque County communities continue to work together to achieve their goals for the future.

Benefits of Collaboration Dubuque County communities have taken advantage of the many benefits of strong regional partnerships and intergovernmental collaboration. Some of the benefits of intergovernmental collaboration include: Cost Savings - Cooperation can save money by increasing efficiency and avoiding unnecessary duplication. Cooperation can enable some communities to provide their residents with services that would otherwise be too costly. Examples include shared library services, police and fire protection, recycling of household hazardous waste, and shared government buildings (such as shared community center).

Address Regional Issues - By communicating and coordinating their actions, and working with regional and state agencies, local communities are able to address and resolve issues which are regional in nature. Examples include the construction and maintenance of highways, provision of transit service, and planning and construction of facilities for stormwater management and water supply.

Early Identification of Issues - Cooperation enables jurisdictions to identify and resolve potential conflicts at an early stage, before affected interests have established rigid positions, before substantial funds have been expended, before the political stakes have been raised, and before issues have become conflicts or crises.

Reduced Litigation - Communities that cooperate may be able to resolve issues before they become mired in litigation. Reducing the possibility of costly litigation can save a community money, as well as the disappointment and frustration of unwanted outcomes.

Consistency - Cooperation can lead to consistency of the goals, objectives, plans, policies, and actions of neighboring communities and other jurisdictions.

Predictability - Jurisdictions that cooperate provide greater predictability to residents, developers, businesses, and others. Lack of predictability can result in lost time, money, and opportunity.

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DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration Understanding - As jurisdictions communicate and collaborate on issues of mutual interest, they become more aware of one another’s needs and priorities. They can better anticipate problems and work to avoid them.

Trust - Cooperation can lead to positive experiences and results that build trust and good working relationships between jurisdictions.

History of Success - When jurisdictions cooperate successfully in one area, the success creates positive feelings and an expectation that other intergovernmental issues can be resolved as well.

Service to Citizens - The biggest beneficiaries of intergovernmental cooperation are citizens for whom government was created in the first place. They may not understand, or even care about, the intricacies of a particular intergovernmental issue, but all residents can appreciate their benefits, such as cost savings, provision of needed services, and a strong economy.

Current Collaboration Local governments in Dubuque County are constantly working together and with regional, state, and federal government agencies to provide the highest level of service to their citizens.

Intergovernmental Agreements Dubuque County communities work together using a combination of formal and informal agreements to provide services to their citizens. Formal Municipal agreements are generally referred to as 28E agreements as they are permitted under chapter 28E of the Iowa Code. The chapter permits “state and local governments in Iowa to make efficient use of their powers by enabling them to provide joint services and facilities with other agencies and to co-operate in other ways of mutual advantage.”1 Examples of 28E agreements in Dubuque County include: Catfish Creek Watershed Management Authority – The CCWMA’s mission is to improve water quality, reduce water quantity, promote groundwater recharge, and to protect, promote, and preserve ground water resources within the watershed. CCWMA members include Dubuque County, and the cities of Dubuque, Asbury, and Centralia, and The Dubuque Soil and Water Conservation District.

Mutual Aid Agreements – Mutual aid agreements provide the procedures for sharing of resources between communities. Communities in Dubuque County have entered into agreements for sharing fire response, ambulance services, law enforcement, and criminal investigations. The Dubuque County Emergency Management Agency is responsible for establishing local mutual aid arrangements, and coordinates with Iowa Homeland Security and Emergency Management to ensure the emergency management and response for communities have adequately planned and are well-equipped, trained, and exercised.

Communities in Dubuque County also have mutual aid agreements for maintaining transportation and other public works facilities. These 28E agreements define responsibilities for road maintenance, public

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Iowa Code Chapter 28E.1.

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DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration transportation, landfill operation and maintenance, and building and facilities maintenance, among others.

The above list represents a small selection of the active 28E agreements in Dubuque County. The Iowa Secretary of State maintains an online database of 28E agreements. The database can be used to find information on 28E agreements between local governments in Dubuque County. The database is located at: http://sos.iowa.gov/28E/Controller.aspx?cmd=SOSSearch.

Informal Collaboration In addition to formal 28E agreements, communities in Dubuque County also work together through a variety of informal agreements and community organizations. The Greater Dubuque Development Corporation (GDDC) has made a commitment to working with all communities in Dubuque County.

GDDC has been especially helpful in working with smaller communities to attract prospective employers, coordinate infrastructure improvements, and finance projects through programs such as Tax Increment Financing. Many communities also participate in inter-community recreation activities. For example, Dyersville has youth baseball, softball, and soccer leagues that includes players from the western half of the County. Communities also meet to cooperate and share ideas. Dubuque County city clerks meet quarterly to discuss city issues and learn about new programs. Communication between city clerks leads to sharing and trust between communities involved.

Regional Organizations ECIA The East Central Intergovernmental Association is a membership sponsored organization of local governments in Cedar, Clinton, Delaware, Dubuque, and Jackson counties. Cooperative effort, through ECIA membership, provides greater resources to local governments than they would be able to afford individually. The sharing of resources and discussion of common concerns vastly improves the quality and consistency of solutions to local and regional problems. Costs are held at a level that allows all local governments in the region to participate.

ECIA provides numerous planning, technical, and management resources to assist local governments in reaching and implementing decisions. Services provided by ECIA cover six broad categories: Community Development, Economic Development, Transportation Planning, Housing Assistance, Employment and Training, and Rural Transit Services.

Transportation The Dubuque Metropolitan Area Transportation Study (DMATS) and Regional Planning Affiliation 8 (RPA 8) are regional agencies that plan for the future of the regional transportation network. Both agencies are lead by policy boards that are made up of representatives from local governments. Policy board members work together to allocate funding to projects that will help maintain and improve the regional transportation system.

Smart Planning Consortium 3

DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration The Smart Planning Consortium is a regional organization in Dubuque County that was created to develop this plan. After the completion of the Smart Plan, the Smart Planning Consortium will continue to exist and will remain active in the County. The primary objectives of the consortium will be to ensure the implementation of the Smart Plan and see that the members review and revise the plan as necessary. The consortium will also serve as a facilitator for collaboration between communities.

Communities will meet to discuss issues and identify potential areas for collaboration on regional and local projects. For example, planning improvements for Heritage Trail is a large-scale project that would benefit many communities across the region and would require regional coordination. A Main Street program is a local project, but many communities may have similar programs and could share resources and provide advice on how to improve their downtowns. Communities could also participate in regional efforts to promote local tourist attractions in a regional context.

Conflicts Dubuque County communities work together to provide the best services possible to their citizens; however, conflicts between communities have arisen in the past. Land use and land development issues can be the cause of conflicts between municipalities. Land is an essential commodity for community growth and is in limited supply. The result can be a competitive atmosphere that can result in conflict.

For the most part, Dubuque County communities take a cooperative approach to new development, but land use development conflicts have occurred between cities and Dubuque County in various ways and intensities. This section discusses some of the conflicts that have occurred and provides methods for improving conflict resolution within the County.

City - County Conflicts Conflicts between cities and the County can stem from rural developments outside of communities in the unincorporated area of the county. When developments are approved just outside of incorporated cities, communities can miss out on opportunities to use their excess utility capacity and expand their tax base. New residents may also increase demand on public facilities such as city streets, parks, and pools without contributing to the full expenses of these facilities. Greater traffic volumes on city streets will hasten roadway deterioration and require the addition of traffic control devices, all of which increases the communities’ expense with little return through municipal property taxes or fees.

There are also rural development situations adjacent to a city boundary, when the County assumes that the city would automatically annex the area following development. Such annexations do occur occasionally, but just as often, they do not because the city does not have any extra utility capacity or cannot afford to extend utility lines, or the development does not meet city standards.

Iowa Code gives cities that have adopted subdivision ordinances the option to review subdivision plats that are within two miles of their city’s boundaries. Fifteen cities in Dubuque County have adopted a subdivision review ordinance for this two-mile extraterritorial jurisdiction (ETJ). The County notifies these fifteen cities about subdivision applications within their ETJ area. The County does not notify cities that have not adopted ETJ about subdivision plats and new developments.

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DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration City – City Conflicts Annexation is an issue that has created conflicts between cities all over the United States. Cities annex land to provide space for new development. As a city grows it may find itself in competition with another city over a parcel of land. In Dubuque County, the boundaries Asbury, Dubuque, and Sageville are directly adjacent, and several other cities are separated by less than two miles. Annexation conflicts in Dubuque County have not risen to the extreme levels seen in other communities, but as cities continue to expand there is an added potential for conflict.

Development conflicts between cities can also occur in unincorporated areas that are under a city’s extraterritorial subdivision review jurisdiction (ETJ). Several communities within the county have overlapping ETJ subdivision review boundaries. Development conflicts between cities can arise in these overlap areas. Cities with overlapping subdivision review boundaries can establish mutual subdivision regulations through a 28E intergovernmental agreement with each other and/or the County. If no agreement is in place then the city that is closest to the boundary of the subdivision shall have authority to review the subdivision. Currently, no cities in Dubuque County have ETJ subdivision review agreements in place. Map 1.1 highlights the overlapping ETJ mile subdivision review boundaries within Dubuque County.

Map 1.1 Extraterritorial Subdivision Review Boundaries

Data: Dubuque County

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DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration Resolving Conflicts If conflicts do occur, communities may use a dispute resolution process that provides a low cost flexible approach to resolving conflicts. The process works to resolve actual and potential conflicts between governmental entities through open dialog and cooperative initiatives. The principal benefits of government entities utilizing an alternative dispute resolution process to resolve conflicts include:     

Saving time and legal expenses Having greater control over the dispute resolution process Resolving conflicts in a more creative way than might be possible if it were left to a decision by a judge or jury Greater privacy in resolving disputes than is afforded in a courtroom Responding to conflict in a rational and courteous manner can increase communication, foster positive intergovernmental relationships, provide an opportunity for learning, and broaden perspectives and solutions.

Figure 1.1 shows an example if a dispute resolution process. The intent of the process is to resolve as many conflicts as possible at the lowest steps on the ladder. If the dispute is not resolved at the lower stages, the dispute moves up the ladder. It is in the best interest of all parties involved to resolve the dispute at the lower stages on the ladder, as both the cost and duration of the process increase at the higher stages and the involved parties have less control over the outcome.

Figure 1.1 The Dispute Resolution Ladder

Source: Washington County, WI Comprehensive Plan: 2035

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DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration

Preventing Conflicts In most cases, communities can avoid conflicts by establishing agreements and developing consistency in their local polices. Working closely with other communities will help all parties involved identify and resolve potential conflicts at an early stage, before affected interests have established rigid positions, before the political stakes have been raised, and before issues have become conflicts or crises.

Municipal Agreements Currently land development conflicts are resolved as they arise, but this process can be highly contentious and does not always produce the most efficient results. Communities can avoid these issues by entering into agreements that will improve the land development process and provide the best opportunity for orderly planning, development and the provision of municipal services.

Communities can prevent many annexation conflicts by establishing an annexation agreement before problems arise. Under the agreement both sides delineate future annexation areas for each community and agree to annex only the land within their area. The agreement can also lay out easement agreements for future utility extensions Communities can also use 28E agreements to eliminate extraterritorial subdivision review conflicts by creating an agreed upon set of subdivision regulations to be used in the ETJ overlap zone. Communities can also establish a boundary that delineates areas where each community has subdivision review authority. A subdivision review agreement can be done as part of an annexation agreement or as a standalone agreement.

Annexation and subdivision review agreements can avoid conflicts and can help expedite the subdivision approval process by eliminating the need for ad hoc negotiations between cities. Agreements between cities will also make the subdivision review process easier for the county. Subdividers will know which city’s regulations they will need to meet based on a map with clearly defined annexation and subdivision areas. Overall, the agreements can provide added clarity and predictability to the land development process.

Development Codes Zoning, subdivision, and building codes, or development codes, are important tools that provide communities with the opportunity to establish land use patterns that are logical, orderly, attractive, and convenient. Carefully planned and thoughtfully developed communities are instantly recognizable, as private investment is encouraged and protected in such environments. Similarly, public resources can be expanded more efficiently as a result of sound planning enforced by effective development codes.

Development codes will be a key part of the implementation of the Smart Plan. Implementation through development codes is vital because as a comprehensive plan, the Smart Plan on its own has no legal authority.

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DUBUQUE COUNTY SMART PLAN

Intergovernmental Collaboration Currently zoning, subdivision, and building codes and the process required to comply with these codes vary greatly across municipalities within Dubuque County. Differences in these development codes can be very confusing for builders and developers, and can also promote urban sprawl by allowing developers to leapfrog into unincorporated areas with less restrictions on development.

Regional implementation of development codes can address some of these issues. While the codes and processes are different, the intent behind most of them is very similar. If the cities and the county adopt similar development codes, local governments will be on an equal playing field, which will limit instances of development jumping into rural areas to avoid regulation. Regional code implementation will also encourage new economic development by reducing the complexity of subdividing and building in Dubuque County by establishing similar codes across the county. Development codes can benefit smaller communities that do not have the means to administer and enforce a code. Smaller communities with similar codes could pool their resources to share the burden of code compliance.

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