Catfish Creek Watershed Partnership 28E AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Catfish Creek Watershed Partnership - 28E Agreement
DATE: May 25, 2011
Michae C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Cori Burbach, Sustainable Community Coordinator
Jonathan Brown, Water Pollution Control Plant Manager
Marie Ware, Leisure Services Manager
Mary Rose Corrigan, RN, Public Health Specialist
Don Vogt, Public Works Director
Deron Muehring, Civil Engineer II
John Klostermann, Street and Sewer Maintenance Supervisor
Dubuque
hattil
All-Aineeica City
1111 f
2007
City Engineer Gus Psihoyos recommends City Council approval to enter into a 28E
agreement for the Catfish Creek Watershed Partnership with Dubuque County and the
Dubuque Soil and Water Conservation District for the development of a watershed
management plan for the Catfish Creek Watershed. The City of Dubuque will pay
$155,819.96 over a five -year period for a full -time Urban Conservationist to help the City
prepare a Watershed Management Plan for Catfish Creek, including the South Fork,
Middle Fork and North Forks of the Catfish Creek. These funds were approved by the
City Council in this year's budget process.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Steve Brown, Project Manager
Todd Shoemaker, Environmental Engineer
David Lyons, Smarter Sustainable Dubuque Project Manager
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
SUBJECT: Catfish Creek Watershed Partnership - 28E Agreement
(CIP# 7202331)
DATE: May 17, 2011
INTRODUCTION
BACKGROUND
Michael C. Van Milligan, City Manager
Dubuque
AI- America Cfty
111111
2007
The purpose of this memo is to seek authorization to enter into a 28E agreement for the
Catfish Creek Watershed Partnership with Dubuque County and the Dubuque Soil and
Water Conservation District (DSWCD) for the development of a watershed management
plan for the Catfish Creek Watershed.
In August of 2010 the Environmental Stewardship Advisory Commission (ESAC) asked
the City Council to support the development of a watershed management plan for the
Catfish Creek Watershed with the goal of improving the water quality in the Mississippi
River by improving the contributing streams and watershed in the area.
In March of 2011, the City Council adopted the five -year CIP Budget that includes
funding for the Catfish Creek Watershed Partnership (CIP 7202331).
The City's NPDES MS4 (stormwater) permit requires the City to develop a watershed
management plan for the Catfish Creek Watershed.
DISCUSSION
A 28E agreement has been prepared among Dubuque County, the DSWCD, and the
City of Dubuque for the Catfish Creek watershed Partnership. The agreement will
enable a full -time Urban Conservationist to help the City prepare a Watershed
Management Plan for Catfish Creek, including the South Fork, Middle Fork, and North
Forks of the Catfish Creek. Per the agreement, the Urban Conservationist will:
A. Work with the City of Dubuque Engineering and Planning Staff to complete a
watershed management plan for the entire Catfish Creek Watershed basin,
which plan shall: (1) identify current threats to both water quality and stormwater
management; (2) evaluate potential solutions based upon the bias of all partners
involved; (3) generate details identifying impairments, where conservation
practices need to be applied, and cost - effectiveness; and, (4) identify potential
funding sources for the City.
B. Prepare, attend, and facilitate at least two (2) Erosion Control and Stormwater
workshops per calendar year.
C. Participate in any educational /outreach programs in accordance with the City's
NPDES permit and stormwater /watershed program.
D. Provide technical assistance for any urban conservation activities, including, in-
field assessment, design, and public /private projects.
E. Continue a strong connection with the City's sustainability efforts, building upon
needs and necessary improvements.
The 28E agreement shall be terminated in five (5) years, unless renewed at that time.
RECOMMENDATION
I recommend that the City enter into the 28E agreement with the Dubuque Soil and
Water Conservation District and Dubuque County for the purpose of preparing and
implementing a Watershed Management Plan for the Catfish Creek Watershed.
BUDGET IMPACT
The agreement requires a payment from the City over a five -year period starting in
FY2012. With the adoption of the FY12 -FY16 five -year CIP in March of 2011, the City
Council established funds for the Catfish Creek Watershed Partnership (CIP 7202331).
The amount budgeted and the amount reflected in the proposed 28E agreement varies
slightly. The amount budgeted over the five -year agreement period is $1,919.96 less
than outlined in the agreement with the majority of the shortfall in FY16. This shortfall
will be addressed in the FY13 -17 CIP budget process. The funding is as follows:
*The 28E agreement shall be terminated in 5 years, unless renewed at that time.
FY 2012
FY 2013
FY 2014
FY 2015
FY 2016*
City of Dubuque
Payment
$28,151.20
$29,410.40
$30,712.80
$32.056.40
$35,489.16
CIP Budget
$28,150.00
$29,400.00
$30,700.00
$32,100.00
$33,550.00
Difference
($1.20)
($10.40)
($12.80)
$43.60
($1,939.16)
management; (2) evaluate potential solutions based upon the bias of all partners
involved; (3) generate details identifying impairments, where conservation
practices need to be applied, and cost - effectiveness; and, (4) identify potential
funding sources for the City.
B. Prepare, attend, and facilitate at least two (2) Erosion Control and Stormwater
workshops per calendar year.
C. Participate in any educational /outreach programs in accordance with the City's
NPDES permit and stormwater /watershed program.
D. Provide technical assistance for any urban conservation activities, including, in-
field assessment, design, and public /private projects.
E. Continue a strong connection with the City's sustainability efforts, building upon
needs and necessary improvements.
The 28E agreement shall be terminated in five (5) years, unless renewed at that time.
RECOMMENDATION
I recommend that the City enter into the 28E agreement with the Dubuque Soil and
Water Conservation District and Dubuque County for the purpose of preparing and
implementing a Watershed Management Plan for the Catfish Creek Watershed.
BUDGET IMPACT
The agreement requires a payment from the City over a five -year period starting in
FY2012. With the adoption of the FY12 -FY16 five -year CIP in March of 2011, the City
Council established funds for the Catfish Creek Watershed Partnership (CIP 7202331).
The amount budgeted and the amount reflected in the proposed 28E agreement varies
slightly. The amount budgeted over the five -year agreement period is $1,919.96 less
than outlined in the agreement with the majority of the shortfall in FY16. This shortfall
will be addressed in the FY13 -17 CIP budget process. The funding is as follows:
*The 28E agreement shall be terminated in 5 years, unless renewed at that time.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution authorizing the
Mayor to execute the attached 28E agreement with Dubuque County and the Dubuque
Soil and Water Conservation District for the purpose of preparing and implementing a
Watershed Management Plan for the Catfish Creek Watershed Basin.
Prepared by Deron Muehring
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Ken TeKippe, Finance Director
Deron Muehring, Civil Engineer II
Attachs.
RESOLUTION NO. 192-11
AUTHORIZING THE EXECUTION OF A 28E AGREEMENT WITH DUBUQUE
COUNTY AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT
REGARDING THE PREPARATION AND IMPLEMENTATION OF A WATERSHED
MANAGEMENT PLAN FOR THE CATFISH CREEK WATERSHED BASIN
Whereas, the City of Dubuque's MS4 permit requires the preparation and
implementation of a watershed management plan for the Catfish Creek Watershed; and
Whereas, the Catffsh Creek Watershed Basin extends beyond the City limits and
the health of the watershed is impacted by what occurs both inside and outside the City
limits; and
Whereas, a partnership with Dubuque County and the Dubuque Soil and Water
Conservation District allows all parties access to data for a better understanding of the
health of the streams within the Catfish Creek Watershed Basin; and
Whereas, it is in the best interest of the City of Dubuque to enter into the
agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
The Mayor is hereby authorized to sign the 28E Agreement in the form attached
hereto.
Attest:
Passed, approved and adopted this 6th day of June 2011.
a ltf
e , in S. Firnst- hl, Acting City Clerk
fi
Roy D. Buol, Mayor
August 23, 2010
Honorable Mayor Roy Buol and
City Council Members
City Hall
50 W. 13th Street
Dubuque IA 52001
Dear Mr. Mayor and Council Members:
At its August 2010 meeting, the Environmental Stewardship Advisory Commission
heard a presentation from Erich Schmeichel on the Urban Conservation Program and
Watershed Management Plan for Catfish Creek.
The Commission voted to support this program and requests the City Council show their
support for the program through funding the City of Dubuque portion outlined in the
plan. The Commission agrees with the goal of the plan, which is to improve the water
quality in the Mississippi River by improving the contributing streams and watershed in
the area.
Thank you for your consideration and we hope you support and fund the Urban
Conservation Program and Watershed Management Plan for the Catfish Creek
watershed basin.
Sincerely,
Wahine Klostermann, Chair
Environmental Stewardship Advisory Commission
DEPARTMENT:
Engineering
STATE PROGRAM:
Business Type
PROJECT TITLE:
Catfish Creek Watershed Partnership
PROGRAM: 8C
DEPARTMENT: 55
FD /CIP NO: 720 -2331
TOTAL
PROJECT
COST
$ 153,900
EXP PRIOR
ESTIMATED
PROJECT BUDGET
2011
2012
2013
BEYOND
TO FY 11
FY 11
-12
-13
-14
2014 -15
2015 -16
2016
A. EXPENDITURE ITEMS
Design & Engineering
Land and R.O.W.
Construction
Other
$ 28,150
$ 29,400
$ 30,700
$ 32,100
$ 33,550
$ 35,060
$ -
$ -
TOTAL
$ 28,150
$ 29,400
$ 30,700
$ 32,100
$ 33,550
$ 35,060
B. PROJECT FINANCING
Private Participant
$ 14,075
$ 14,700
$ 15,350
$ 16,050
$ 16,775
$ 17,530
Stormwater Const Fund
$ 14,075
$ 14,700
$ 15,350
$ 16,050
$ 16,775
$ 17,530
$ -
$ -
TOTAL
$ 28,150
$ 29,400
$ 30,700
$ 32,100
$ 33,550
$ 35,060
PROJECT DESCRIPTION:
Project provide funding for a partnership with Dubuque County, the City of Asbury, the IDNR, The Iowa Divistion of Agriculture and Land Stewardship, the US
Department of Agriculture, and the Dubuque County Conservation Board to create and maintain a watershed plan for the entire Catfish Creek Watershed. The watershed
includes the North, Middle, and South Forks of the Catfish Creek as well as Granger Creek. The total project cost is just over $412,000.
JUSTIFICATION:
The partnership will result in the development of a watershed management plan on a watershed scale rather than a corporate boundary scale. The plan will outline the
water quality impairments within the watershed and open opportunities for grants aimed at improving impaired and impacted streams that are unavailable without a
watershed management plan. The watershed plan will also increase public education and outreach programs to a regional scale.
RELATIONSHIP TO OTHER PROJECTS:
NPDES Post Construction and NPDES Public Education Projects. This project implements the Comprehensive Plan's Infrastructure Element: Goals 3.1 and 3.4; and
Environmental Quality Element: Goal 5.4.
RELATIONSHIP TO SUSTAINABILITY PRINCIPLES
This project implements the Sustainable Principle of Clean Water.
309
Prepared by: Eric Schmechel, Watershed Coordinator, Dubuque Soil & Water Conservation District
Phone: 563- 876 -3418, #3 Fax: 563- 876 -3653
Return to: Dubuque Soil & Water Conservation District, 210 Bierman Rd, Epworth, IA 52045
28E AGREEMENT
BETWEEN DUBUQUE COUNTY AND THE CITY OF DUBUQUE AND THE
DUBUQUE SOIL AND WATER CONSERVATION DISTRICT for the FUNDING
and IMPLEMENTATION of the URBAN CONSERVATION PROGRAM AND
WATERSHED MANAGEMENT PLAN
THIS AGREEMENT is entered into �'7 4 -./ gea , 2011, pursuant to
Iowa Code Chapter 28E. The parties to this agreement are DUBUQUE COUNTY (the
COUNTY) THE CITY OF DUBUQUE (the CITY) AND DUBUQUE SOIL AND
WATER CONSERVATION DISTRICT (the DISRICT).
ARTICLE I
PURPOSE
This agreement is executed for the purpose of creating an urban conservationist position
to perform urban conservation and watershed related activities pertinent to Dubuque
County, the City of Dubuque, and the Dubuque Soil & Water Conservation District.
ARTICLE II
ADMINISTRATOR
The DISTRICT shall be responsible for administering this agreement and shall consult
with both the COUNTY and the CITY for all associated purposes.
ARTICLE III
DURATION
This agreement shall be in effect for a period of five years unless renewed or terminated
pursuant to the provisions of Article XII.
ARTICLE IV
POWERS AND DUTIES
The parties to this agreement shall retain all powers and duties conferred by their
respective enabling acts but shall assist each other in the exercise of these powers and the
performance of these duties.
ARTICLE V
DISTRICT RESPONSIBILITIES FOR the COUNTY
The DISTRICT'S Urban Conservationist shall be responsible for the following:
A. Performing routine, bi- weekly inspections of residential, municipal, and private
project sites in County limits as pertinent and in accordance with the County's
Stormwater and Erosion Control Ordinance.
B. Reviewing all Stormwater Pollution Prevention Plans (SWPPP) for all National
Pollutant Discharge Elimination System (NPDES) project(s) and any project(s) in
which a COUNTY major erosion control permit is required and /or a COUNTY
stormwater permit is required.
C. Following up on any citizen complaint issue, whether minor or major, and
stoiniwater permits that have been issued on behalf of the COUNTY.
D. Preparing, attending, and facilitating at least 2 Erosion Control and Stormwater
workshops per calendar year.
E. Participating in any educational /outreach programs in accordance with the
COUNTY watershed program.
F. Developing a watershed management plan for the entire Catfish Creek watershed
basin.
G. The Urban Conservationist will be a Soil and Water Conservation District
employee.
H. Total expected weekly time allowance — 16 hours (832 hours per calendar year).
ARTICLE VI
DISTRICT RESPONSIBILIES FOR the CITY
The DISTRICT'S Urban Conservationist will:
A. Work with the City of Dubuque Engineering and Planning Staff to complete a
watershed management plan for the entire Catfish Creek Watershed basin, which
plan shall: (1) identify current threats to both water quality and stormwater
management; (2) evaluate potential solutions based upon the bias of all partners
involved; (3) generate details identifying impairments, where conservation
Fiscal Year (July 1st - June
30th)
City of Dubuque Payment
Dubuque County Payment
Year 1 - 2012
$28, 151.20
$28, 151.20
Year 2 - 2013
$29,410.40
$29,410.40
Year 3 - 2014
$30,712.80
$30,712.80
Year 4 - 2015
$32,056.40
$32,056.40
Year 5 - 2016
$35,489.16
$35,489.16
practices need to be applied, and cost - effectiveness; and, (4) identify potential
funding sources for the CITY.
B. Prepare, attend, and facilitate at least 2 Erosion Control and Stormwater
workshops per calendar year.
C. Participate in any educational /outreach programs in accordance with the CITY'S
NPDES permit and stormwater /watershed program.
D. Provide Technical Assistance for any urban conservation activities, including, in-
field assessment, design, and public /private projects.
E. Continue a strong connection with the CITY'S sustainability efforts, building
upon needs and necessary improvements.
ARTICLE VII
COUNTY RESPONSIBILITIES FOR the DISTRICT
The COUNTY will:
A. Transfer 100 %, of the associated fee schedule to the DISTRICT in accordance
with Article IX of this document.
ARTICLE VIII
CITY RESPONSIBILITES FOR the DISTRICT
The CITY will:
Transfer 100 %, of the associated fee schedule to the DISTRICT in accordance with
Article IX of this document.
ARTICLE IX
FEE SCHEDULE AND TIMELINE
The CITY, the COUNTY. and the DISTRICT shall rely on the estimated FEE schedule:
A. Both the CITY and the COUNTY shall transfer 50% of the associated fee
schedule to the DISTRICT by July 1 and 50% of the associated fee schedule to
the DISTRICT by January 1 for each fiscal year commencing July 1, 2011.
ARTICLE X
COMMUNICATIONS
A. The County shall designate an individual as the primary contact for the
COUNTY. Such designation shall be in writing, and any change in designation
shall also be in writing.
B. The DISTRICT shall designate an individual as the primary contact for the
DISTRICT. Such designation shall be in writing, and any change in designation
shall also be in writing.
C. The CITY shall designate an individual as the primary contact for the CITY.
Such designation shall be in writing, and any change in designation shall also be
in writing.
D. A Watershed Advisory Board shall be formed, and a minimum of at least one
representative from the CITY, the COUNTY, and the DISTRICT shall meet
quarterly (4 times a year) to review accomplishments and review challenges.
E. The Watershed Advisory Board shall hold an Annual Review meeting each
December to review accomplishments, challenges, and the associated fee
schedule.
ARTICLE XI
PARTNERSHIP OR JOINT VENTURE
The parties to this agreement acknowledge that this is an independent venture of the
COUNTY and the CITY, and that the DISTRICT is not a partner or joint venturer with
the COUNTY or the CITY. The COUNTY, the CITY, and the DISTRICT have no duties
or responsibilities to each other, financial or otherwise, except as described herein.
ARTICLE XII
ENTIRE AGREEMENT
A. This agreement contains the entire agreement and integrates all of the terms and
conditions contained in and incidental to such agreement and supersedes all prior
negotiations and communications concerning this agreement, oral or written,
between the parties, their agents, employees and representatives. No
modifications or waiver of any provision in this agreement shall be valid unless in
writing and signed by all of the parties. If, for any reason, any provisions of this
agreement shall be inoperative, the validity and affect of the other provisions shall
not be affected thereby.
B. If any provisions of this agreement is found to be invalid by any court,
administrative agency, or tribunal of competent jurisdiction, the invalidity of any
such provision shall not affect the validity of the remaining provisions hereof.
C. This agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns. The parties agree that neither the CITY
nor the COUNTY nor the DISTRICT shall have the right to assign their rights and
obligations hereunder to any party without prior written consent of the other
party. Such consent shall not be unreasonably withheld.
ARTICLE XIII
WARRANTIES AND SPECIAL COVENANT
The COUNTY, it successors in interest and assigns, as part of the consideration hereof,
does hereby covenant and agree that: (1) no person shall he excluded from participation
in, denied the benefits of, or be otherwise subject to discrimination in the use of said
facilities, on the basis of race, color, sex, handicap, religion, politics, or national origin;
(2) no person shall be excluded from participation in, denied benefits of, or otherwise be
subjected to discrimination in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, on the basis of race, color, sex,
handicap, religion, politics, or national origin; (3) that the COUNTY shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49,
Code of Federal Regulation, Department of Transportation, Subtitle A, Office of
Secretary, Part 21, Nondiscrimination in Federal Assisted Programs of the Department of
Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended and Title 23 U.S. Code Section 324, Prohibition of
Discrimination on the basis of sex.
ARTICLE XIV
GOVERNING LAW
This agreement shall be governed by and interpreted under the laws of the State of Iowa.
ARTICLE XV
AMENDMENTS
This agreement may be amended at any time by the parties. All amendments shall be in
writing, signed by both parties, and filed in an electronic format with the Iowa Secretary
of State as required by Iowa Code section 28E.8 (2011).
ARTICLE XVI
TERMINATION
This agreement shall terminate upon the completion of the applicable watershed related
work activities relevant or the termination of the District's Watershed Coordinator.
ARTICLE XVII
It is agreed that the DISTRICT will file this agreement in an electronic format with the
Iowa Secretary of State as required by Iowa Code section 28E.8 (2011).
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT
AS OF THE DATE FIRST ABOVE WRITTEN AND SIGNED ON THE DATES
NOTED BELOW.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
Wayne
ATTEST:
emmer, Chair
Sandralee M. Scott
Iowa Notarial Seal
Commission Number 146807
My Commission Expires 04/14/2012
Mona Manternach
Dubuque County Auditor
STATE OF IOWA; DUBUQUE COUNTY, ss: This instrument was acknowledged
before me on , 2011 by Wayne Demmer and Mona
Manternach, as Chair of the Dubuque County Board of Supervisors and Dubuque County
Auditor, respectively.
MARY ANN SPECHT
Commission Number 153563
My Comm. Exp. /0IJ2f/..
FILING AND RECORDING
Date: mid y 23 , 2011
NOTARY PUBLIC FOR THE STATE OF IOWA
APPROVED BY: DUBUQUE SOIL and WATER CONSERVATION DISTRICT
r pA in Wilgenbusch Chairman
Date: 6/D , 2011
STATE OF IOWA; DUBUQUE COUNTY, ss This instrument was acknowledged before
me on `)LA e - , ! 11 by Melvin
Wilgenbusch as Chairperson of the D d Water,C6ser tion .1 istrict.
TATE OF IOWA
APPRO D BY: CITY OF DUBUQUE
Roy D.
ATTEST:
ol, Mayor
City Clerk)
Date: ,T„np , 2011 , 2011
STATE OF IOWA; DUBUQUE COUNTY, ss: This instrument was acknowledged
before me on June 6 , 6'11 by Roy I.: uo . Kevin S'. Firnsta
Mayor of the City of Dubuque and City Cl Dub
respectivel
�' -
�
10.
NO ►ARY PUBLIC F • R THE TATE OF IOWA
SUSAN M. WINTER
COMMISSION NO.183274
MY COMMISSION EXPIRES
WHEREAS, Dubuque County has been presented with a 28E Agreement for funding and
implementation of the Urban Conservation Program and Watershed Management Plan between
Dubuque County, the City of Dubuque and the Dubuque Soil and Water Conservation District
for a period of five years.
NOW, THEREFORE BE IT RESOLVED that the Dubuque County Board of Supervisors hereby
approves and authorizes the Chairperson to sign the 28E Agreement for funding and
implementation of the Urban Conservation Program and Watershed Management Plan between
Dubuque County, the City of Dubuque and the Dubuque Soil and Water Conservation District
for a period of five years
Resolution adopted this 23rd day of May, 2011.
Attest:
Mona Manternach, Deputy County Auditor
RESOLUTION NUMBER /) /3
Wayne emmer, Chairperson
Dubuq e County Board of Supervisors