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Catfish Creek Watershed Management Authority_Representatives Selection ProcessMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Catfish Creek Watershed Management Authority -- Selection Process for City of Dubuque Representatives DATE: May 24, 2012 Planning Services Manager Laura Carstens is transmitting recommendations for the selection process for City of Dubuque representatives, in accordance with the approved 28E agreement for the Catfish Creek Watershed Management Authority for City Council review and approval. The Catfish Creek Watershed Management Authority Committee recommends the City Council consider the following options for selection of City of Dubuque representatives to the Catfish Creek Watershed Management Authority Board: • Select three members of the City Council to represent Dubuque on the Board, • Select three staff members to represent Dubuque on the Board, • Select three residents of the City of Dubuque, using the process used for City Boards and Commissions, to represent Dubuque on the Board, or • Select three City of Dubuque representatives using a variation or combination of the above options. The City Attorney's Office has determined that Iowa's gender balance law does not apply to the Catfish Creek Watershed Management Authority Board; however, the City Council may choose to strive for gender balance voluntarily. Planning Services Manager Laura Carstens requests the City Council to determine the preferred selection process for representatives to the Catfish Creek Watershed Management Authority Board, and then to appoint three City of Dubuque representatives to serve on the Board. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligan MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager 2 Masterpiece on the Mississippi Dubuque AII•AmericaCMy ally 2007 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager S— SUBJECT: Catfish Creek Watershed Management Authority -- Selection Process for City of Dubuque Representatives DATE: May 24, 2012 Introduction This memo transmits recommendations for the selection process for City of Dubuque representatives, in accordance with the approved 28E agreement for the Catfish Creek Watershed Management Authority (CCWMA) for City Council review and approval. Background information is attached. Discussion In November 2011, the Iowa Economic Development Authority (IEDA) and Iowa Department of Natural Resources (IDNR) awarded grants to the City of Dubuque and five other jurisdictions to form WMAs to reduce future flood risks and improve water quality in their watersheds. In December 2011, the City signed a $24,500 grant contract with the IEDA to create a 28E agreement with all the political subdivisions in the Catfish Creek Watershed. Since then, a CCWMA Committee comprised of City staff has worked with the Dubuque Soil & Water Conservation District (SWCD) to invite all political subdivisions in the watershed to participate, establish a board of directors, and enter into a 28E agreement with all interested parties. Dubuque County and the Cities of Dubuque, Asbury, Peosta, and Centralia and the Dubuque SWCD all have approved the 28E agreement. The proposed CCWMA Board is based on population, land area, and assessed value as follows: • City of Dubuque: 3 Directors • Dubuque County: 2 Directors • City of Asbury: 1 Director • City of Peosta: 1 Director • City of Centralia: 1 Director • Dubuque SWCD: 1 Director The expectation is that the CCWMA Board will meet quarterly or as deemed necessary, set up a Technical Advisory Committee, and hold an annual review meeting. 1 Selection Process for Catfish Creek Watershed Management Authority Recommendation The CCWMA Committee recommends the City Council consider the following options for selection of City of Dubuque representatives to the CCWMA Board: • Select three members of the City Council to represent Dubuque on the Board, • Select three staff members to represent Dubuque on the Board, • Select three residents of the City of Dubuque, using the process used for City Boards and Commissions, to represent Dubuque on the Board, or • Select three City of Dubuque representatives using a variation or combination of the above options. The City Attorney's Office has determined that Iowa's gender balance law does not apply to the CCWMA Board; however, the City Council may choose to strive for gender balance voluntarily. Requested Action The requested action is for the City Council to determine the preferred selection process for representatives to the CCWMA Board, and then to appoint three City of Dubuque representatives to serve on the CCWMA Board. Attachments cc: CCWMA Committee F: \USERS \LCARSTEN \WP \Watershed Committee WMA1Staff Memo CCWMA Board Selection.doc 2 Prepared by and Return to: Eric Schmechel, Urban Conservationist, Dubuque Soil & Water Conservation District 210 Bierman Rd, Epworth, IA 52045 Phone: 563 - 876 -3418, #3 Fax: 563 - 876 -3653 28E AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, DUBUQUE COUNTY, THE CITY OF ASBURY, THE CITY OF PEOSTA, THE CITY OF CENTRALIA, AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT FOR THE CATFISH CREEK WATERSHED AUTHORITY This Agreement, dated for reference purposes the 2-1 day of �_,e , 2012, is made and entered into by and between the City of Dubuque, Dubuque County, the City of Asbury, the City of Peosta, the City of Centralia and Dubuque Soil and Water Conservation District. Whereas, the parties of this agreement are governmental units of the State of Iowa, all of which have lands which drain surface water within the Catfish Creek Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm drainage facilities to improve water quality, reduce water quantity, promote groundwater recharge, and to protect, promote, and preserve water resources within the Watershed; and Whereas, the parties desire to enter into a joint and cooperative agreement for the establishment of a Catfish Creek Watershed Authority to effectively plan, communicate, educate, and provide guidance for the Catfish Creek Watershed. NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS FOLLOWS: SECTION 1. NAME. The parties hereto create and establish the Catfish Creek Watershed Management Authority. SECTION 2. DEFINITIONS. For the purpose of this Agreement, the terms used herein shall have the meanings as defined in this Section. Catfish 28E 042412LBC.doc 2.1 "Authority" means the Watershed Management Authority created by this Agreement pursuant to Iowa Code Chapter 28E and Section 466B.21. 2.2 "Board" means the Board of Directors of the Authority. 2.3 "Political subdivision" means cities, towns, counties, and soil and water conservation districts. .2.4 "Member" means the political subdivisions which enter into this Agreement. 2.5 "Catfish Creek Watershed" or "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Catfish Creek and within the mapped areas delineated on the map shown in Section 3. SECTION 3. CATFISH CREEK WATERSHED MAP Communities In Catfish Creek Watershed — City of Dubuque City of Asbury City of Peosta City of Centralia M other land area - Unincorporated Dubuque County Watershed 2 SECTION 4. MEMBERSHIP. The Authority shall consist of all the following political subdivisions: (1) (2) (3) (4) (5) (6) The City of Dubuque; Dubuque County; The City of Asbury; The City of Peosta; The City of Centralia; Dubuque Soil and Water Conservation District. SECTION 5. BOARD OF DIRECTORS 5.1 The governing body of the Authority shall be the Board. 5.2 Directors of the Board shall be divided among the political subdivisions comprising the Authority and shall be appointed by the respective political subdivision's elected legislative body. 5.3 Based upon Watershed demographics (area, population, and value) the Directors of the Board shall be appointed in the following manner: (1) (2) (3) (4) (5) (6) The City of Dubuque: 3 Directors Dubuque County: 2 Directors The City of Asbury: 1 Director The City of Peosta: 1 Director The City of Centralia: 1 Director Dubuque Soil and Water Conservation District: 1 Director 5.4 The Directors shall serve staggered terms of four years. The initial Board shall determine, by lot, the initial terms to be shortened and lengthened, as necessary, to achieve staggered terms. A person appointed to fill a vacancy shall be appointed in the same manner as the original appointment for the duration of the unexpired term. A Director is eligible for reappointment. 5.5 The Board may provide procedures for the removal of a Director who fails to attend three consecutive regular meetings of the board. If a Director is so removed, a successor shall be appointed for the duration of the unexpired term of the removed Director in the same manner as the original appointment. The appointing body may at any time remove a Director appointed by it for misfeasance, nonfeasance, or malfeasance in office. 5.6 The Board shall adopt bylaws and shall elect one Director as chairperson and one Director as vice chairperson, each for a term of two years, and shall appoint a secretary who need not be a Director. It shall be the duty of the 3 chairperson to appoint a Director to keep minutes at all meetings. 5.7 The Board shall comply with Open Meeting Law. 5.8 A majority of the membership of the Board shall constitute a quorum for the purpose of holding a meeting of the Board. The affirmative vote of a majority of a quorum shall be necessary for any action taken by an Authority unless the Authority's bylaws specify those particular actions of the Authority requiring a greater number of affirmative votes. A vacancy in the membership of the Board shall not impair the rights of a quorum to exercise all the rights and perform all the duties of the Authority. 5.9 Directors shall serve without compensation from the Board, but this shall not prevent a governmental unit from providing compensation for its Director for serving on the board, if such compensation is authorized by such governmental unit and by law. Board funds may be used to reimburse a Director for expenses incurred in Board business and authorized by the Board. 5.10 The Board shall meet quarterly and/or as deemed necessary to set goals, and to review current and potential developments, grant opportunities, past accomplishments and future challenges. 5.11 The Board shall hold an Annual Review meeting each December to review accomplishments, challenges, and the associated fee schedule. 5.12 A political jurisdiction which has chosen not to join the Authority, join in the future upon approval of the Board. SECTION 6. POWERS OF THE BOARD. The. Board may: 6.1 Assess the flood risks in the watershed. 6.2 Assess the water quality in the watershed. 6.3 Assess options for reducing flood risk and improving water quality in the watershed. 6.4 Monitor federal flood risk planning and activities. 6.5 Educate residents of the watershed area regarding water quality and flood risks. 6.6 Allocate moneys made available to the authority for purposes of water quality and flood mitigation. 4 6.7 Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority. A watershed management authority shall not acquire property by eminent domain. 6.8 Employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full -time, part -time, or consulting basis as the Board determines and shall be considered Board staff. 6.9 Contract for space and for material and supplies to carry on its activities. 6.10 Cooperate or contract with the State of Iowa or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. 6.11 In cooperation with the Dubuque Soil and Water Conservation District, appoint or administer a procedure to develop and complete a Watershed management plan for all of Catfish Creek. 6.12 Act as an advisory development review committee, for all political subdivisions, for all or any land disturbing and /or hydrologic alternations to the Watershed. 6.13 Provide any member with technical data or any other information of which the board has knowledge; which will assist the political subdivision in preparing land use classifications, urban Best Management Practices (BMPs), or Watershed management plans. 6.14 Establish and maintain devices for acquiring and recording hydrological and water quality data within the Watershed. 6.15 Establish a Technical Advisory Committee (TAC) comprised of staff from each Member. The TAC may be used to assist with grant applications, review of development approvals or procedures, or technical evaluations of capital projects. SECTION 7. ADMINISTRATION. Administration of the Authority will be co- coordinated by the Dubuque Soil and Water Conservation District's Urban Conservationist and a member of the City of Dubuque's Engineering staff as appointed by the City Manager until the Board determines under Section _ that another method is more appropriate or viable. SECTION 8. COMMUNICATIONS. Each party shall designate an individual as the primary contact. Such designation shall be in writing, and any change in designation shall also be in writing. SECTION 9. DURATION; WITHDRAWAL OF MEMBER 9.1 This Agreement shall take effect upon execution by the parties as required by law, filing with the secretary of state and recording with the county recorder. This Agreement shall be in effect perpetually until terminated by agreement of all of the parties. 9.2 A party may withdraw from the Authority at any time by providing the other parties sixty (60) days notice of intent to withdraw. 9.3 A governmental subdivision which has withdrawn from the Authority may re -join upon written request to the Board. SECTION 10. PARTNERSHIP OR JOINT VENTURE. The parties to this Agreement acknowledge that this is an independent venture of the parties and that none of the parties is a partner or joint venturer with any other party. The parties have no duties or responsibilities to each other, financial or otherwise, except as described herein. SECTION 11. ENTIRE AGREEMENT. 11.1 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. 11.2 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. 11.3 This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. The parties agree that none of the parties shall have the right to assign their rights and obligations hereunder to any party without prior written consent of the other parties. Such consent shall not be unreasonably withheld. SECTION 12. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Iowa. SECTION 13. PROHIBITION ON TAXATION. The Authority shall have no authority to levy any tax. 6 SECTION 14. AMENDMENTS. This Agreement may be amended at any time by the parties. All amendments shall be in writing, signed by all of the parties, and filed in an electronic format with the Iowa Secretary of State as required by Iowa Code section 28E.8 (2011). SECTION 15. FILING AND RECORDING. It is agreed that the Dubuque Soil and Water Conservation District's Urban Conservationist will file this Agreement in an electronic format with the Iowa Secretary of State as required by Iowa Code section 28E.8 (2011). (Signature Pages To Follow) 7 APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS LJ �� Daryl Klein, hair ATTEST: Mona Manternach Dubuque County Auditor lIJ`��"�• Date: 2(/)_ l8' , 2012 STATE OF IOWA COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the 1/3 day of 2012 by Wayne Demmer and Mona Manternach, as Chair of the Dubuque County Board of Supervisors and Dubuque County Auditor, respectively. /'dxg 'tutu* AW C99EC1 JegwnN uoissIwwoO 1.H:;. ,.y AHVW NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: DUBUQUE SOIL and WATER CONSERVATION DISTRICT Date: , 2012 Melvin Wilgenbusch, Chairman STATE OF IOWA COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the day of 2012 by Melvin Wilgenbusch as Chairperson of the Dubuque Soil and Water Conservation District. NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS Wayne Demmer, Chair ATTEST: Date: , 2012 Mona Manternach Dubuque County Auditor STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the day of 2012 by Wayne Demmer and Mona Manternach, as Chair of the Dubuque County Board of Supervisors and Dubuque County Auditor, respectively. NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: DUBUQUE SOIL and WATER CONSERVATION DISTRICT cM�vin Wil 9 enb h Chairman STATE OF IOWA COUNTY OF DUBUQUE ) ss: Date: (4 5 , 2012 This instrument was acknowledged before me on the day of J a .r , 2012 by Melvin Wilgenbusch as Chairperson of the Dubuque Soil and Water Conservation District. SandraIee M. Scott Iowa Notarial Seal Commission Number 146807 My Commission Expires 04/14/2015 APPROVE ' BY: CITY OF DUBUQUE Date: May 7 , 2012 Roy b. B/ • I, Mayor ATTEST: K S. Firnstahl City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the _] day of m -,‘ , 2012 by Roy D. Buol and Kevin Firnstahl, as Mayor of the City of Dubuqud and City Clerk of Dubuque, respectively. Kl Commission Number719986 My Commission Expires NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: ASBURY CITY COUNCIL James Adams, Mayor ATTEST: Date: , 2012 Sara Burke City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the day of 2012 by James Adams and Sara Burke, as Mayor of the City of Asbury and City Clerk of Asbury, respectively. NOTARY PUBLIC FOR THE STATE OF IOWA 9 APPROVE ' BY: CITY OF DUBUQUE Roy I). Bs • I, Mayor Date: may 7 , 2012 ATTEST: K S. Firnstahl City Clerk STATE OF IOWA COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the 7 day of »m - 2012 by Roy D. Buoi and Kevin Firnstahl, as Mayor of the City of Dubuqud and City Clerk of Dubuque, respectively. Commission Number719986 My Commission Expires :3• rL-j NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: ASBURY CITY COUNCIL James Adams, Mayor ATTEST: Date: , 2012 Sara Burke City Clerk STATE OF IOWA COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the day of 2012 by James Adams and Sara Burke, as Mayor of the City of Asbury and City Clerk of Asbury, respectively. NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: CITY OF DUBUQUE Roy D. Buoy, Mayor ATTEST: Date: , 2012 Kevin S. Firnstahl City Clerk STATE OF IOWA COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the day of 2012 by Roy D. Buol and Kevin Firnstahl, as Mayor of the City of Dubuque and City Clerk of Dubuque, respectively. NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: ASBURY CITY COUNCIL (:(1:77) Robert Reisch, Mayor Protem ATTES a Bur City Clerk STATE OF IOWA COUNTY OF DUBUQUE ) ss: Date: May 22 , 2012 This instrument was acknowledged before me on the 23rd day of MAY , 2012 by Robert Reisct2and Sara Burke, as Mayor of the City of Asbury and City Clerk of Asbury, respectively. NOT-AVABLi FOR THE STATE OF IOWA moo, L,.. PEGGY J. TRILL 2 r Commission Number 713980 • • My Commission Expires ow December 10, 2013 APPROVED BY: PEOSTA CITY COUNCIL Dick Avenarius, Mayor ATTEST. Date: 6 , 2012 Karen Snyder City Clerk STATE OF IOWA COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on JK"``k--- 2 S' , 2012 by Dick Avenarius and Karen Snyder, as Mayor of the City of Peosta and City Clerk of Peosta, respectively. lOw . LINDA A. AUGUSTIN - li Commission Numb r 728899 NOTARY PUBLIC FOR THE STATE OF IOWA My Comm Exp. D15-'%ZO ►� APPROVED BY: CENTRALIA CITY COUNCIL Jean Wuertzer, Mayor ATTEST: Date: , 2012 David Schueller City Clerk STATE OF IOWA COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on , 2012 by Jean Wuertzer and David Schueller, as Mayor of the City of Centralia and City Clerk of Centralia, respectively. NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: PEOSTA CITY COUNCIL Dick Avenarius, Mayor ATTEST: Date: , 2012 Karen Snyder City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on , 2012 by Dick Avenarius and Karen Snyder, as Mayor of the City of Peosta and City Clerk of Peosta, respectively. NOTARY PUBLIC FOR THE STATE OF IOWA APPROVED BY: CENTRALIA CITY COUNCIL Jean ertzer, Mayor ATTEST: David Schu Iler City Clerk Date: S/ %61 , 2012 911eitee/A'L-7 STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on i?4A.r /4, , 2012 by Jean Wuertzer and David Schueller, as Mayor of the City of Centralia and City Clerk of Centralia, respectively. PEGGYLEHMANN Go m ^ Is ko n Humber 189005 !i) Gom^ilssion Ezplreal '5- Ab2-ta_/- NOTARY PUBLIC FOR THE STATE OF IOWA Masterpiece on the Mississippi Dubuque * * * ** All ThnodcaCily �aElDgv 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Draft 28E Agreement for Catfish Creek Watershed Management Authority DATE: May 1, 2012 Planning Services Manager Laura Carstens and the Catfish Creek Watershed Management Authority Committee request the City Council review and comment on the draft Catfish Creek Watershed Management Authority 28E Agreement with the City of Dubuque, Dubuque County, the City of Asbury, the City of Peosta, the City of Centralia and the Dubuque Soil and Water Conservation District. A revised final 28E Agreement will be returned for consideration at the next City Council meeting. It is further recommended that the City Council begin the process to appoint three Dubuque representatives to serve on the Catfish Creek Watershed Management Authority Board of Directors. In November 2011, the Iowa Economic Development Authority (IEDA) and Iowa Department of Natural Resources (IDNR) awarded grants to the City of Dubuque and five other jurisdictions to form Watershed Management Authorities to reduce future flood risks and improve water quality in their watersheds. In December 2011, the City signed a $24,500 grant contract with the IEDA to create a 28E agreement with all the political subdivisions in the Catfish Creek Watershed. The City has six months to invite all political subdivisions in the watershed to participate, establish a board of directors, and enter into a 28E agreement with all interested parties. Dubuque County and the Cities of Dubuque, Asbury, Peosta, and Centralia and the Dubuque Soil & Water Conservation District (SWCD) are the political subdivisions in the Catfish Creek Watershed. The Catfish Creek Watershed Management Authority Committee working to develop the 28E agreement and form the Authority includes: Laura Carstens, Planning Services Manager; Eric Schmechel, Soil and Water Conservation District; Todd Shoemaker, Environmental Engineer; Dean Mattoon, Engineering Technician; David Johnson, Assistant Planner; Teri Goodmann, Assistant City Manager; and Paul Schultz, Resource Management Coordinator. The Catfish Creek Watershed is 46,269 acres of residential, commercial and industrial centers, cropland, steep bluffs, sedimentary rock outcrops, and dense forest with abundant recreational activities. Catfish Creek meanders through 3 significant natural resources within the watershed: Swiss Valley Park, Swiss Valley Nature Preserve, and the Mines of Spain State Park. Under Iowa law, a Watershed Management Authority is a formal Chapter 28E agreement, or partnership, created by two or more political subdivisions to accomplish the following: ® Assess and reduce flood risk; o Assess and improve water quality; ® Monitor federal flood risk planning and activities; • Educate residents of the watershed regarding flood risks and water quality; and ® Allocate moneys made available for purposes of water quality and flood mitigation. Participation in a Watershed Management Authority offers the benefits of uniform, effective actions or controls to correct and prevent problems, because water management problems are greater than one community or county can handle. Also, state and federal money is available for work in Watershed Management Authorities. The Catfish Creek Watershed Management Authority will allow public and private stakeholders and policy makers to create effective sustainable watershed management policies and practices. It complements efforts of the Upper Catfish Creek Watershed pilot project. There is no upfront cost to join. Once the Authority is formed, it can apply for State funding to develop and implement a Watershed Management Plan to improve water quality and mitigate flooding. Other actions the Authority may undertake are: ® Cooperate or contract with local, state or federal agencies or private organizations. ® Act as an advisory development review committee, for all political subdivisions, for all or any land disturbing and /or hydrologic alternations to the Catfish Creek Watershed. ® Provide technical data to assist any community in preparing land use classifications, urban Best Management Practices (BMPs), or watershed management plans. • Record hydrological and water quality data within the Catfish Creek Watershed. ® Establish a Technical Advisory Committee (TAC) to assist with grant applications, review of development approvals or procedures, or technical evaluations of capital projects. © Function in an advisory capacity to communities outside of the watershed. The Catfish Creek Watershed Management Authority must be governed by a board of directors made up of appointed representatives of the participating political subdivisions. The proposed Board is based on population, land area, and assessed value as follows: 2 ® City of Dubuque: 3 Directors ® Dubuque County: 2 Directors ® City of Asbury: 1 Director ® City of Peosta: 1 Director m City of Centralia: 1 Director ® Dubuque Soil and Water Conservation District: 1 Director I concur with the recommendation and respectfully request Mayor and City Council approval. Ada Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager 3 Masterpiece on the Mississippi Dubuque toil All- Amenca CCily .1 6 2007 TO: Michael C. Van Milligen, City Manager , FROM: Laura Carstens, Planning Services Manager -1 SUBJECT: Draft 28E Agreement for Catfish Creek Watershed Management Authority DATE: April 30, 2012 Introduction This memo transmits a 28E agreement for the Catfish Creek Watershed Management Authority (CCWMA) for City Council review and approval. Staff also requests that the City Council appoint three representatives to the CCWMA. A resolution and background information are attached. Background In November 2011, the Iowa Economic Development Authority (IEDA) and Iowa Department of Natural Resources (IDNR) awarded grants to the City of Dubuque and five other jurisdictions to form WMAs to reduce future flood risks and improve water quality in their watersheds. In December 2011, the City signed a $24,500 grant contract with the IEDA to create a 28E agreement with all the political subdivisions in the Catfish Creek Watershed. The City has six months to invite all political subdivisions in the watershed to participate, establish a board of directors, and enter into a 28E agreement with all interested parties. Dubuque County and the Cities of Dubuque, Asbury, Peosta, and Centralia and the Dubuque Soil & Water Conservation District (SWCD) are the political subdivisions in the Catfish Creek Watershed. The CCWMA Committee working to develop the 28E agreement and form the CCWMA includes: myself; Eric Schmechel, SWCD; Todd Shoemaker, Environmental Engineer; Dean Mattoon, Engineering Technician; David Johnson, Assistant Planner; Teri Goodmann, Assistant City Manager; and Paul Schultz, Resource Management Coordinator. Discussion The Catfish Creek Watershed is 46,269 acres of residential, commercial and industrial centers, cropland, steep bluffs, sedimentary rock outcrops, and dense forest with abundant recreational activities. Catfish Creek meanders through 3 significant natural resources within the watershed: Swiss Valley Park, Swiss Valley Nature Preserve, and the Mines of Spain State Park. Under Iowa law, a WMA is a formal Chapter 28E agreement, or partnership, created by two or more political subdivisions to accomplish the following: • Assess and reduce flood risk; • Assess and improve water quality; • Monitor federal flood risk planning and activities; • Educate residents of the watershed regarding flood risks and water quality; and • Allocate moneys made available for purposes of water quality and flood mitigation. 1 Draft 28E Agreement for Catfish Creek Watershed Management Authority Participation in a WMA offers the benefits of uniform, effective actions or controls to correct and prevent problems, because water management problems are greater than one community or county can handle. Also, state and federal money is available for work in WMAs. The CCWMA will allow public and private stakeholders and policy makers to create effective sustainable watershed management policies and practices. It complements efforts of the Upper Catfish Creek Watershed pilot project. There is no upfront cost to join the CCWMA. Once the CCWMA is formed, it can apply for State funding to develop and implement a Watershed Management Plan to improve water quality and mitigate flooding. Other actions the CCWMA may undertake are: • Cooperate or contract with local, state or federal agencies or private organizations. • Act as an advisory development review committee, for all political subdivisions, for all or any land disturbing and /or hydrologic alternations to the Catfish Creek Watershed. • Provide technical data to assist any community in preparing land use classifications, urban Best Management Practices (BMPs), or watershed management plans. • Record hydrological and water quality data within the Catfish Creek Watershed. • Establish a Technical Advisory Committee (TAC) to assist with grant applications, review of development approvals or procedures, or technical evaluations of capital projects. • Function in an advisory capacity to communities outside of the watershed. To set up the CCWMA, all political subdivisions must be invited. Not all political subdivisions have to participate, however. The CCWMA must be created pursuant to a 28E agreement between at least two political subdivisions. The CCWMA must be governed by a board of directors made up of appointed representatives of the participating political subdivisions. The proposed CCWMA Board is based on population, land area, and assessed value as follows: • City of Dubuque: 3 Directors • Dubuque County: 2 Directors • City of Asbury: 1 Director • City of Peosta: 1 Director • City of Centralia: 1 Director • Dubuque SWCD: 1 Director On April 27, the CCWMA Committee held a Kick -off Meeting with elected officials and staff to discuss the CCWMA and the 28E agreement. Representatives of all four cities, the County Board and the SWCD were present, and all are reviewing the draft 28E agreement. Recommendations The CCWMA Committee recommends that the City Council review and comment on the attached CCWMA 28E agreement. A revised final 28E agreement will be returned for consideration at the next Council meeting. If the City Council concurs with the 28E agreement, then the CCWMA Committee recommends that the City Council approve the agreement. The CCWMA Committee further recommends that the City Council appoint three Dubuque representatives to serve on the CCWMA Board of Directors at this meeting or the next meeting. Attachments cc: CCWMA Committee F: \USERS \LCARSTEN \WP \Watershed Committee WMA \Staff Memo CCWMA 28 E Agreement.doc 2 �rJ Communities in Catfish Creek Watershed City of Dubuque City of Asbury City of Peosta :/' City of Centralia All other land area - Unincorporated Dubuque County Watershed CJ. i aari� itIPCYPEMIEfItakilLAW Catfish Creek Watershed Management Authority Kickoff Meeting April 26th - Swiss Valley Nature Center 6:30pm — 7:30pm Agenda I. Introductions II. WMA Overview Presentation (Eric and Todd) a. WMA Legislation b. Minnesota JPA c. Advisory vs. Regulatory d. Development Comments e. Grant Opportunities f. Administrative Duties g. Working outside the Catfish Creek Watershed III. Current Draft - 28e Agreement IV. Educational Outreach a. Website b. Logo c. Marketing Items V. Comments /Concerns /Discussion Dubuque Soil teea Conservation District 210 Bierman Fp►worth IA 52045 -9529 Phone: (563) 876 -3418, #3Fax: (563) 876 -3653 What is the Catfish Creek Watershed Management Authority? Communities in Catfish Creek Watershed _ City of Dubuque City of Asbury City of Peosta _ City of Centralia + All other land area - Unincorporated Dubuque County Watershed What is the Catfish Creek Watershed? The Catfish Creek Watershed is a 46,269 acres that includes the Cities of Dubuque, Asbury, Peosta, and Centralia as well as unincorporated Dubuque County. The watershed includes residential, commercial and industrial centers, cropland, steep bluffs, sedimentary rock outcrops, and dense forest. Recreational activities are abundant. Catfish Creek flows eastward, beginning near Peosta, and enters the Mississippi River on the south side of Dubuque, in the Mines of Spain State Park. Catfish Creek meanders through three significant natural resources within the watershed, Swiss Valley Park, Swiss Valley Nature Preserve, and the Mines of Spain State Park. These areas, managed by the Iowa Department of Natural Resources and the Dubuque County Conservation Board, attract over 380,000 users a year. Part of Catfish Creek is classified as a cold water stream and has naturally reproducing trout (one of only 30 streams in Iowa). What is a Watershed Management Authority (WMA)? Under Iowa law, a Watershed Management Authority is a formal Chapter 28E agreement, or partnership, created by two or more political subdivisions (e.g., cities, counties, Soil and Water Conservation Districts) to accomplish the following: • Assess and reduce flood risk; • Assess and improve water quality; • Monitor federal flood risk planning and activities; • Educate residents of the watershed regarding flood risks and water quality; and • Allocate moneys made available for purposes of water quality and flood mitigation. • Cannot acquire property by eminent domain. 1 Why participate in a Watershed Management Authority? • Water management problems are greater than one community or city can handle. • Local citizens, county boards or cities request them. • They allow for uniform, effective actions or controls, to correct and prevent problems. • State and federal money is available for work in WMAs. • The Iowa Legislature passed legislation to encourage the formation of WMAs. • Catfish Creek Watershed is one of 6 watersheds selected as WMA pilots for Iowa. How we can set up a Watershed Management Authority? • All cities, counties, and Soil and Water Conservation Districts (SWCDs) within a watershed must be invited. Not all political subdivisions have to participate, however. • A WMA must be created pursuant to a Chapter 28E agreement between a minimum of two political subdivisions from the same watershed. • The WMA must be governed by a board of directors made up of appointed representatives of the participating political subdivisions. The board shall adopt bylaws, elect a chairperson and vice chairperson, and appoint a secretary. What is the Catfish Creek Watershed Management Authority (CCWMA)? • The concept of the CCWMA was initiated by the City of Dubuque and the Dubuque SWCD on behalf of the Catfish Creek Watershed. • The political subdivisions in the Catfish Creek Watershed are: Cities of Asbury, Dubuque, Peosta, and Centralia, Dubuque County, and Dubuque SWCD. • The City of Dubuque has received a State WMA Grant for establishment of the CCWMA to be used to facilitate the 28E Agreement. • The CCWMA will allow public and private stakeholders and policy makers to create effective sustainable watershed management policies and practices. • The CCWMA complements efforts of the Upper Catfish Creek Watershed pilot project. • There is no upfront cost to join the CCWMA. • Once CCWMA is formed, it can apply for State funding to develop a Watershed Management Plan to improve water quality and mitigate flooding in the watershed. • Once the CCWMA has a plan, it can apply for State funding to implement the plan. Who serves on the Board for the Catfish Creek WMA? • Members of the CCWMA Board will be divided among the political subdivisions. • Each CCWMA Board member must be appointed by their respective political subdivision. • One representative from each participating political subdivision unless agreed otherwise. • The proposal for CCWMA Board membership is based on population, area, and value: ➢ City of Dubuque: 3 Directors ➢ Dubuque County: 2 Directors ➢ City of Asbury: 1 Director ➢ City of Peosta: 1 Director ➢ City of Centralia: 1 Director ➢ Dubuque SWCD: 1 Director What may the Catfish Creek WMA do by law? • Assess and reduce flood risk; assess and improve water quality; monitor federal flood risk planning and activities; educate residents regarding flood risks and water quality; and allocate moneys made available to it for purposes of water quality and flood mitigation. • Enter into and execute contracts and agreements necessary to carry out its duties. • Coordinate activities with other agencies, such as the Iowa Department of Natural Resources, the Iowa Department of Agriculture and Land Stewardship, Councils of Governments, public drinking water utilities, and Soil and Water Conservation Districts. What other proposed actions may the CCWMA undertake? • Employ staff on a full -time, part -time, or consulting basis. • Contract for space, material and supplies to carry on its activities. • Cooperate or contract with local, state or federal agencies or private organizations. • In cooperation with the Dubuque SWCD, develop and complete a Watershed Management Plan for all of Catfish Creek Watershed. • Act as an advisory development review committee, for all political subdivisions, for all or any land disturbing and /or hydrologic alternations to the Catfish Creek Watershed. • Provide technical data to assist any community in preparing land use classifications, urban Best Management Practices (BMPs), or Watershed management plans. • Record hydrological and water quality data within the Catfish Creek Watershed. • Establish a Technical Advisory Committee (TAC) to assist with grant applications, review of development approvals or procedures, or technical evaluations of capital projects. • Function in an advisory capacity to communities outside of the watershed. aMt What is the timeline for establishment of the Catfish Creek WMA? March: Initial contacts with Mayors, Dubuque County Board, and Dubuque SWCD. April: Kick -off Meeting with elected officials and staff to discuss CCWMA. May: County Board, City Councils, and SWCD Commissioners review draft 28E Agreement, agree on any changes, and appoint representatives. June: County Board, City Councils, and SWCD Commissioners approve final 28E Agreement and file with the Iowa Secretary of State. For more information, contact: Eric Schmechel, Urban Conservationist Dubuque SWCD Office -- 210 Bierman Road Epworth IA 52045 -9529 1 Phone: (563) 876 -3418, #3 Email: eschmechel @dubuqueswcd.org