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Catfish Creek Watershed Management Authority Member Appointment Copyright 2014 City of Dubuque Consent Items # 12. ITEM TITLE: Catfish Creek Watershed Management Authority Member Appointment SUMMARY: City Manager recommending approval to appoint Water and Resource Recovery Center Lab Technician I I Brian Noonan as the City staff representative on the Catfish Creek Watershed Management Authority's Board of Directors. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Catfish Creek Watershed Management Authority Staff City Manager Memo Appointment-MVM Memo Staff Memo Staff Memo 2012 Appointment Materials Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Catfish Creek Watershed Management Authority Board of Directors - Designate New City Staff Representative DATE: November 30, 2016 Planning Services Manager Laura Carstens has served as the City staff representative to the Catfish Creek Watershed Management Authority Board of Directors for the past four years when the board was focusing on policy, public outreach and planning. At this point, a City staff member with technical skills related to watershed and agricultural best management practices as well as nutrient reduction strategies would be a good resource for the Catfish Creek Watershed Management Authority Board of Directors. Water and Resource Recovery Center Manager William O'Brien and Planning Services Manager Laura Carstens recommend City Council approval to appoint Water and Resource Recovery Center Lab Technician II Brian Noonan as the City staff representative on the Catfish Creek Watershed Management Authority's Board of Directors. I concur with the recommendation and respectfully request Mayor and City Council approval. Zia-A^, Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager William J. O'Brien, Water & Resource Recovery Center Manager Laura Carstens, Planning Services Manager THE CITY OF Dubuque DUB E Masterpiece on the Mississippi MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: William J. O'Brien, Water Resource & Recovery Center Manager Laura Carstens, Planning Services Manager SUBJECT: Catfish Creek WMA Board of Directors— Designate New City Staff Rep DATE: November 1, 2016 INTRODUCTION The purpose of this memo is to request a change in the City staff representative on the Catfish Creek Watershed Management Authority (CCWMA) Board of Directors. BACKGROUND The CCWMA is an organization assembled to tackle concerns with water quality and flooding on a watershed level. Under Iowa law, the powers of the CCWMA are: • Assess the flood risks in the watershed. • Assess the water quality in the watershed. • Assess options for reducing flood risk and improving water quality in the watershed. • Monitor federal flood risk planning and activities. • Educate residents of the watershed area regarding water quality and flood risks. • Allocate moneys made available to the authority for purposes of water quality and flood mitigation. The CCWMA was created through a 28E Agreement on June 29, 2012 through a grant contract with the Iowa Economic Development Authority. The 28E Agreement established the 9-member Board of Directors as comprised of representatives from the Cities of Asbury (1), Centralia (1), Dubuque (3), and Peosta (1), Dubuque County (2), and the Dubuque Soil and Water Conservation District (1) to serve staggered terms of 4 years. At the direction of the City Council, the 3 City of Dubuque representatives were to be 2 city residents and 1 City staff representative. On July 16, 2012, the City Council appointed 2 residents to the CCWMA Board. At that same meeting, you designated Laura Carstens as the City staff representative on the CCWMA Board. DISCUSSION The first four years of the CCWMA Board were focused on policy, public outreach, and planning. Since July 2012, the Board has: • created a website, distributed brochures, installed signs, • co-sponsored the annual Low Impact Development (LID) conference, • partnered with the Iowa Economic Development Authority, the Iowa Flood Center, and the University of Northern Iowa, • undertaken public education and outreach efforts, • completed the Catfish Creek Watershed Management Plan, and • begun plan implementation with a State Revolving Fund (SRF) sponsored project for streambank restoration on City of Dubuque property. We feel it is time to appoint another City staff representative with the requisite skills for implementation of the Catfish Creek Watershed Management Plan. At this point, a City staff member with technical skills related to watershed and agricultural best management practices as well as nutrient reduction strategies would be a good resource for the CCWMA Board. RECOMMENDATION We are recommending your approval of Brian Noonan, who works as a Lab Technician II for the Water Resource & Recovery Center (W&RRC), as the next City staff representative on the CCWMA Board. Brian holds a Bachelor degree and Master's degree in Environmental Science from Iowa State University. Brian has studied watershed nutrient and sediment flux, and focused on stream channel erosion, as a source of sediment and phosphorus in a central Iowa stream, for his Master's thesis. Brian farms land near Bernard, where he has implemented best management practices. His skills, education, and field experience make him uniquely qualified to assist the CCWMA Board of Directors at this time. REQUESTED ACTION The requested action is to designate Lab Technician II Brian Noonan as the City staff representative on the Catfish Creek Watershed Management Authority's Board of Directors. cc: Brian Noonan, Lab Technician II 2 THE CITY OF Dubuque DUB3i&'E AII-America City Masterpiece on the Mississippi 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. 0� t /�&�- 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 THE CITY OF CONTACT: Dave Johnson,Assistant Planner U BB 56589-4210 J'-� (office)diohnson(ae,cityofdubuque•org Masterpiece on the Mississippi 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 afour-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 21 day of T4PJe , 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 h r� I � Al L p i•, { r na--� .,� � *r� •� It �' r�d-�� '4 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) The City of Dubuque: 3 Directors (2) Dubuque County: 2 Directors (3) The City of Asbury: 1 Director (4) The City of Peosta: 1 Director (5) The City of Centralia: 1 Director (6) 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. 5 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 Date: JuNe- IF 2012 Daryl Klein, hair �^ ATTEST: ) Q17 ..d"hC.o�ct e Mona Manternach Dubuque County Auditor STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the /6 day of 2012 by Wayne Demmer and Mona Manternach, as Chair of the Dubuque County Board of Supervisors and Dubuque County Auditor, respectively. 'wwo9 AV( NOTARY PUBLIC FOR THE STATE OF IOWA E99F.Gl egwnN U01081=00 = ` IJ- 'N,V AHVW 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 Date: 2012 Wayne Demmer, Chair ATTEST: 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 Date: 5 , 2012 Melvin Wilgenb66h, Chairman STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the J E�day of 2012 by Melvin Wilgenbusch as Chairperson of the Dubuque Soil and Water Conservation District. Sandralee M. Scott Iowa Notarial Seal ARY P LIC E ST E OF IOWA Commission Number 146807 My Commission Expires 04/14/2015 APPROVE BY: CITY OF DUBUQUE -4-11 Date: May 7 , 2012 Roy b. Buhl, Mayor ATTEST: 4KiOS. F 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 Dubuqud and City Clerk of Dubuque, respectively. Commission Number 719986 NOTARY PUBLIC FOR THE STATE OF IOWA My Commission Expires �. 13, 1- APPROVED BY: ASBURY CITY COUNCIL Date: , 2012 James Adams, Mayor ATTEST: 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 Date: May 7 , 2012 Roy b. Rub, Mayor ATTEST: K i S. Firnstahl City Clerk STATE OF IOWA } COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the Z day of 5�- 2012 by Roy D. Buol and Kevin Firnstahl, as Mayor of the City of Dubuqu and City Clerk of Dubuque, respectively. I T?LAubN `.1JLL�t =')Y �JQt 1101 p Commission Number719986 NOTARY PUBLIC FOR THE STATE OF IOWA ' My Commission Expires APPROVED BY: ASBURY CITY COUNCIL Date: , 2012 James Adams, Mayor ATTEST: 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 Date: 2012 Roy D. Buol, Mayor ATTEST: 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 Date: May 22 2012 Obert Reisch, Mayor Protem ATTES : a Bur City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the 23rd day of MAY 2012 by Robert Reisctand Sara Burke, as Mayor of the City of Asbury and City Clerk of Asbury, respectively. aqw g 4U& NOTAR BLrC FOR THE STATE OF IOWA PEGGY J.THILL $ `,r Commission Number 713980 My Commission F�cpires ow December 10, 2013 �APPPPROVE/JD BY: PEOSTA CITY COUNCIL I._� ,c I) Date: d7 ' 12012 Dick Avenarius, Mayor ATTEST, Karen nyder City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on 2S' , 2012 by Dick Avenarius and Karen Snyder, as Mayor of the City of Peosta and City Clerk of Peosta, respectively. LINDA A. AUGUSTIN — b � aPF commission Hume r �zaass NOTARY PUBLIC FOR THE STATE OF IOWA . My Comm Exp. _lo�� ZG19 APPROVED BY: CENTRALIA CITY COUNCIL Date: 2012 Jean Wuertzer, Mayor ATTEST: 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 Date: 2012 Dick Avenarius, Mayor ATTEST: 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:6 CE�NTRALIA CITY COUNCIL Date: �7 �� ' 2012 Jean ertzer, Mayor ATTEST: )Q"4 -; � Da'v d Sc iu Iler City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on 1014q.y % 2012 by Jean Wuertzer and David Schueller, as Mayor of the City of Centralia and City Clerk of Centralia, respectively. 2 � 6w� _ _ NOTA BLIC FOR THE STATE OF IOWA PIGGY LEHkA111 ` •; Com^ ss!�on Wumdar 18'90+)5 G)Co r�*isa�on Esp!res�'� ��'