Catfish Creek Watershed Managment Authority_Staff RepMasterpiece 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 Board Appointments
DATE: July 12, 2012
As directed at a recent City Council meeting, I am making a staff appointment to the
Catfish Creek Watershed Management Authority Board.
I am appointing Planning Services Manager Laura Carstens.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
CONTACT:
Dave Johnson, Assistant Planner
563 -589 -4210
(office)djohnson@cityofdubuque.org
NEWS RELEASE
July 6, 2012 — For Immediate Release
Applicants Sought for Catfish Creek
Watershed Management Authority
DUBUQUE, Iowa — Applications are being accepted for two positions to represent the City of
Dubuque on the newly formed Catfish Creek Watershed Management Authority (CCWMA).
The CCWMA, formed by 28E Agreement through a grant contract with the Iowa Economic
Development Authority, invites the Catfish Creek Watershed political subdivisions of Dubuque
County and the cities of Dubuque, Asbury, Peosta, and Centralia and the Dubuque Soil and
Water Conservation District 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.
Applications for a four -year term on the CCWMA can be requested from the City Clerk's Office,
50 W. 13th Street, Dubuque, 589 -4100, completed online or printed from the City of Dubuque
web site, www.cityofdubuque.org. The City Council will appoint the two members at their
meeting on July 16. Applicants must be a resident of the City of Dubuque.
Please submit applications before 5:00 p. m. on Friday, July 13, 2012. The first meeting of the
CCWMA is scheduled for July 27, 2012.
# ##
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 2I day of
JT je , 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
I-1 City of Asbury
City of Peosta
City of Centralia
+ All other land area - Unincorporated Dubuque County
Watershed
2
SECTION 4. MEMBERSHIP. The Authority shall consist of all the following
political subdivisions:
(1) The City of Dubuque;
(2) Dubuque County;
(3) The City of Asbury;
(4) The City of Peosta;
(5) The City of Centralia;
(6) 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 1 5. 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
�) Date: June_ re , 2012
Daryl Kleinhair
ATTEST:
Mona Manternach
Dubuque County Auditor
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the 1/3 day of )1-e,
2012 by Wayne Demmer and Mona Manternach, as Chair of the Dubuque
County Board of Supervisors and Dubuque County Auditor, respectively.
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£954',G [ JegwnH uojssiwwOO
1HJ ,'r "i AHHW
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
M vin ,
Wil enb h Chairman
9 �
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
Date: (4 5 , 2012
This instrument was acknowledged before me on the J day of �� L; �1 ,
2012 by Melvin Wilgenbusch as Chairperson of the Dubuque Soil and Water
Conservation District.
Sandralee 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
l
Roy b. Br I, Mayor
Date: May 7 , 2012
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the _] day of »Th
2012 by Roy D. Buoi and Kevin Firnstahl, as Mayor of the City of Dubuqud and
City Clerk of Dubuque, respectively.
(.1 Commission Number719986
My Commission Expires
. 3, raj
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. Buol, 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
Robert Reisch, Mayor Protein
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 MAS ,
2012 by Robert Reisct-8nd Sara Burke, as Mayor of the City of Asbury and City
Clerk of Asbury, respectively.
NOTVAI FOR THE STATE OF IOWA
" % G. THILL
= CommiPEssion GY NuJmber 713980
My Commission Expires
ow December 10, 2013
APPROVED BY: PEOSTA CITY COUNCIL
Dick Avenarius, Mayor
ATTES
Date: , 2012
Karen Snyder
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on --KA"-- 2 , 2012 by Dick
Avenarius and Karen Snyder, as Mayor of the City of Peosta and City Clerk of
Peosta, respectively.
LINDA A. AUGUSTIN
Commission Numb 9r )728899
o r' My Comm Exp. (05W -0)
NOTARY PUBLIC FOR THE STATE OF IOWA
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 / / &/ , 2012
.91,44")a-'7
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on /�4 r / f, , 2012 by Jean
Wuertzer and David Schueller, as Mayor of the City of Centralia and City Clerk of
Centralia, respectively.
pEGGY ILEHMANN
Corr. askon Numbl•r 18'9,005
dip Con^^,issior Expires. 'i
X69
NOTAIi BLIC FOR THE STATE OF IOWA