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HomeMy WebLinkAbout10/12/2015 Council Work Session October 12, 2015 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:35 p.m. Presentation by Middle Cedar River Watershed Management Association. Submitted By:Eric Thorson Approx. Former Tri-City Clothing building discussion. 4:55 p.m. Submitted By: City Attorney, Dave Zellhoefer ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director Council Work Session October 12, 2015 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 435 p.m. Presentation by Middle Cedar River Waste Management Association. Submitted By:Eric Thorson Approx. Former Tri-City Clothing building discussion. 4:55 p.m. Submitted By:City Attorney, Dave Zellhoefer ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director Middle Cedar Watershed Management Improvement Authority Agreement Between Benton County and your entity/governmental body THIS AGREEMENT is entered into pursuant to Iowa Code chapter 28E by and between Benton County, Iowa, a municipal corporation, and other parties including counties, cities, soil and water conservation districts to wit: WHEREAS, Iowa Code section 466B.22 authorizes two (2) or more political subdivisions, defined as including cities, counties, and soil and water conservation districts, all of which must be located within the same United States Geological Survey Hydrologic Unit Code 8 watershed, to enter into agreement under Iowa Code chapter 28E to establish a Watershed Management Authority to enable cooperation in supporting watershed planning and improvements for the mutual advantage of the political subdivisions involved; and WHEREAS, pursuant to Iowa Code Section 466B23, a Watershed Management Authority may perform all of the following duties: 1. Assess the flood risks in the watershed. 2. Assess the water quality in the watershed. 3. Assess options for reducing flood risk and improving water quality in the watershed. 4. Monitor federal flood risk planning and activities. 5. Educate residents of the watershed area regarding water quality and flood risks. 6. Allocate moneys made available to the authority for purposes of water quality and flood mitigation. 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. and WHEREAS, counties of ; and the cities of ; and the Soil and Water Conservation Districts of deem establishment of the Cedar Watershed Management Improvement Authority, a Watershed Management Authority encompassing all of the Iowa portion of the Middle Cedar Watershed, a Hydrologic Unit Code 8 (HUC 8) watershed, to be of mutual advantage; and 1 WHEREAS, it is mutually desired to enter into this Agreement pursuant to Iowa Code chapter 28E for the purpose of establishing the Middle Cedar Watershed Management Improvement Authority to carry out watershed planning and improvements in the Iowa portion of the Middle Cedar Watershed NOW THEREFORE, it is agreed by and between the parties as follows: SECTION 1. IDENTITY OF THE PARTIES. 1.1 The Counties of are each a municipality of the State of Iowa, organized and operating pursuant to Iowa Code chapter 331. Their respective addresses are: 1.2The Cities of are each a municipality of the State of Iowa, organized and operating pursuant to Iowa Code chapter 364. Their respective addresses are: 1.3The Soil and Water Conservation Districts of are each a governmental division of the State of Iowa as defined in Iowa Code section 161A3(6) and a soil and water conservation district established pursuant to Iowa Code section 161A5(1). Their respective addresses are: SECTION 2. PURPOSE. 2.1 The purpose of this Agreement is to provide for the manner in which the parties shall cooperate with one another to successfully plan for and implement watershed improvements within the Iowa portion of the Middle Cedar Watershed, including but not limited to the following activities authorized pursuant to Iowa Code section 466B.22: 1. Assess the flood risks in the watershed. 2. Assess the water quality in the watershed. 3. Assess options for reducing flood risk and improving water quality in the watershed. 4. Monitor federal flood risk planning and activities. 5. Educate residents of the watershed area regarding water quality and flood risks. 6. Allocate moneys made available to the authority for purposes of water quality and flood mitigation. 2 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. SECTION 3. NO SEPARATE ENTITY CREATED. 3.1 No separate legal or administrative entity shall be created by this Agreement. 3.2 A joint board of the participating political subdivisions known as the Middle Cedar Watershed Management Improvement Authority Board (the Board) shall be responsible for coordinating the projects. The Board shall be comprised of one appointee from each county, city and district participating in this Agreement. The Board shall adopt Bylaws governing the administration, development, operation and management of the Middle Cedar Watershed Management Improvement Authority. 3.3 Each participating political subdivision shall be known as a Member. Each Member shall appoint a Director to the Board of the Middle Cedar Watershed Management Improvement Authority. SECTION 4. DURATION. This Agreement shall be in effect perpetually until terminated pursuant to Section 10. SECTION 5. POWERS AND DUTIES. 5.1 The Members shall retain all powers and duties conferred by law and shall assist each other in the exercise of such powers and the performance of this Agreement. Each Member shall be jointly responsible for focusing attention on: 1. Assessing the flood risks in the watershed. 2. Assessing the water quality in the watershed. 3. Assessing options for reducing flood risk and improving water quality in the watershed. 4. Monitoring federal flood risk planning and activities. 5. Educating residents of the watershed area regarding water quality and flood risks. 6. Allocating moneys made available to the authority for purposes of water quality and flood mitigation. 3 7. Making and entering into contracts and agreements and executing 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. 5.2 A Member may accept a specific responsibility to assist in achieving the goals of the watershed management authority, including but not limited to: 1. identifying opportunities for funding and in-kind support for the undertaking of watershed planning and improvements within the Iowa portion of the Upper Cedar Watershed; 2. serving as fiscal agent for the watershed management authority when funds are received from any source; 3. identifying opportunities for infrastructure development and planning capable of assessing and mitigating flood risks in the watershed; 4. identifying the most effective best management practices for water quantity and water quality improvements in the watershed; 5. participating in any educational/outreach programs regarding water quality and flood risks; 6. identifying opportunities for infrastructure development and planning capable of assessing and mitigating water quality in the watershed; 7. providing support for the administration of any projects, including technical, financial and clerical, as agreed to by the parties; 8. securing such financing, including grants, loans and the issuance of bonds or loan agreements, as determined to be necessary or desirable to achieve the objectives of the agreement; 9. coordinating with local wastewater utilities; 10.designing and bidding of projects; 11. administering contracts; and 12. observing construction. SECTION 6. MANNER OF FINANCING. The Board may solicit, accept and receive donations, endowments, gifts, grants, reimbursements and other such funds as necessary to support work pursuant to this Agreement. 4 No action to contribute funds by a Director of the Authority is binding on the Member that he or she represents without official approval by the governing board of that Member. No Member may be required to contribute funds to the Authority, except to fulfill any obligation previously made by official action by the governing body of the Member. All funds received for use by the Authority shall be held as a special fund by the fiscal agent designated by the Board of Directors of the Middle Cedar Watershed Management Improvement Authority. When funds are provided as a grant or loan directed to a Member of the Authority for a project administered by that Member, the funds shall be retained and administered by that Member. SECTION 7. ENTIRE AGREEMENT. 7.1 This Agreement contains the entire agreement and integrates all of the terms and conditions contained in and incidental to such Agreement. 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 effect of the other provisions shall not be affected thereby. 7.2 If any provision of this Agreement is found to be invalid by any court, administrative agency or tribunal or competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions hereof. SECTION 8. GOVERNING LAW. This Agreement shall by governed by and interpreted under the laws of the State of Iowa and shall meet all the necessary legal requirements and publications as outlined in Iowa Code section 28E. SECTION 9. AMENDMENTS. This Agreement may be amended at any time by approval from all of the governing boards of the Members of the Authority. All amendments shall be in writing, executed by the authorized representative of each governing board of the Members, and filed in an electronic format with the Iowa Secretary of State as required by Iowa Code section 28E.8. SECTION 10. TERMINATION. This Agreement shall terminate upon the mutual agreement of the governing bodies of all Members of the Authority. Upon termination, all property and money then owned by the Authority shall be distributed equally among its members after payment of all debts. Any funds donated under a stipulation limiting their use shall be disbursed consistent with the donor's direction. SECTION 11. EFFECTIVE DATE. This Agreement shall take effect upon execution by the parties as required by law and filing with the Secretary of State in an electronic format as required by Iowa Code section 28E.8. 5 SECTION 12. WITHDRAWAL FROM MEMBERSHIP. Any Member may withdraw from the Authority by the action of its governing board, unless the Authority then has unpaid debts or legal obligations, in which case the consent of the governing boards of the remaining Members to the withdrawal is required. 6 Dated this day of , 2012. FLOYD COUNTY, IOWA BY: Board of Supervisors Chair ATTEST: County Auditor 7 city , IOWA BY: Mayor ATTEST: City Clerk 8 SWCD , IOWA BY: President ATTEST: Secretary 9 CEDAR RIVER WATERSHED COALITION WORKING TOGETHER TO REDUCE FLOOD RISK AND IMPROVEWATER QUALITY FORA HEALTHY AND PRODUCTIVE CEDAR RIVER WATERSHED. Cedar River Watershed Coalition Fall Meeting: -Floodplain Management in the Cedar River Watershed- Friday, November 13th, 2015 • 10:00 am—3:00 pm City of Cedar Falls Public Works(2200 Technology Pkwy, Cedar Falls, IA 50613) Program Agenda 10:00 am Welcome&Introductions Cedar River Watershed Coalition Co-Chairs: Rob Hogg, State Senator Vern Fish, Black Hawk County Conservation Board Executive Director 10:10 am Flooding in Black Hawk County Supervisor John Miller, Black Hawk County 10:15 am Flooding in Iowa:A Statewide Perspective Director Mark Schouten, Iowa Homeland Security and Emergency Management Department 10:45 am Panel Presentation: Managing Floodplains in Urban& Rural Areas Panelists from Cedar Falls, Waterloo, Black Hawk County, and the Iowa Floodplain &Stormwater Managers Association will describe tools, strategies, and resources for managing floodplains and other flood-impacted lands. • Cedar Falls: Richard McAlister, City Administrator& Ron Gaines, Community Development • Waterloo: Aric Schroeder, City of Waterloo Department of Planning and Zoning • Black Hawk County SWCD: Shaffer Ridgeway, NRCS District Conservationist • Iowa Floodplain Managers Association: Mark Land, Snyder&Associates Noon Lunch Participants can choose to participate in a group lunch order(-$10), or bring a sack lunch. 12:30 pm Updates from Around the Watershed Opportunity for watershed projects and other partners to share water quality updates and events. 1:00 pm Cedar Coalition Priorities for 2016 Discussion on future educational topics and policy priorities for the upcoming year. 1:30 pm Bus Tour Departs: Floodplain Buy-Outs in Cedar Falls&Waterloo Managing large blocks of flood buyout property can be challenging. This tour will explore two different models and the different partnerships that were developed to solve these challenges. 3:00 pm Bus Returns,Adjourn Meeting www.iihr.uiowa.edu/cedarriverwatershed/ V"I1'F E IS H authorizing In thor Iowathe lawmakerscreation pofassedWatershe legislationd Management Authorities. A Watershed mA NAGE Management Authority (WMA) is a - .� � mechanism for cities, counties, Soil and Water Conservation Districts (SWCDs) and A L T ll 0 R ITI ES stakeholders to cooperatively engage in watershed planning and management. What is a Watershed Management Authority? The WMA is formed by an intergovernmental (Chapter 28E) agreement by two or more eligible political subdivisions within a specific eight-digit hydrologic unit code watershed. A board of directors governs the WMA which may undertake the following activities ` .:, �sQ> Zgatie • 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 • Allocate moneys made available to the Authority for purposes of water quality and flood mitigation Reuirements of a WMA: Benefits of forming a WMA: (per Iowa Code Chapter 466B Subchapter II) • Must be located within an 8-digit HUC There are multiple benefits to cooperating watershed with other jurisdictions within a watershed: • All eligible political subdivisions (cities, • Conduct planning on a watershed Counties, SWCDs) must be notified and scale, which has greater benefits for water provided the opportunity to participate within quality improvement and flood damage 30 days prior to WMA organization reduction • A Chapter 28E agreement that includes a • Foster multi-jurisdictional partnership and map of the watershed must be filed with the Secretary of State cooperation • The WMA must be governed by a Board of • Leveraging resources such as funding, Directors and adopt by-laws technical expertise • WMAs may not acquire land through • Facilitate stakeholder involvement in eminent domain and do not have taxing watershed management authority More information about forming a WMA is available on the Iowa Department of Natural Resources (IDNR) website: http://www.iowad nr.gov/Environment/WaterQuality/WatershedMa nagementAuthorities.aspx The website includes: • A complete listing of the existing WMAs in Iowa• Example 28E agreements and by-laws v ''` ��./i\t'/j\ • More information on setting up a WMA • Contacts for technical assistance DEPARTMLN I 01 NATURAL RESOURCES §466B.10,WA1 ER PROTECTION AND WATERSHED MANAGEMENT 6 466B.10 Floodplain managers. The council shall encourage and support the formation of a chapter of the association of state floodplain managers in Iowa that would provide a vehicle for local floodplain managers and floodplain planners to further pursue professional educational opportunities. 2010 Acts, ch 1193, §128 466B.11 Flood education. The Iowa state university agricultural extension service,the council, and agency members of the council shall, to the extent feasible, work with floodplain and hydrology experts to educate the general public about floodplains, flood risks, and basic floodplain management principles. This educational effort shall include developing educational materials and programs in consultation with floodplain experts. 2010 Acts, ch 1193, §129 466B.12 through 466B.20 Reserved. SUBCHAPTER II WATERSHED MANAGEMENT AUTHORITIES 466B.21 Definitions. As used in this subchapter, unless the context otherwise requires: 1. `Authority" means a watershed management authority created pursuant to a chapter 28E agreement as provided in this subchapter. 2. "Board"means a board of directors of a watershed management authority. 2010 Acts, ch 1116, §3; 2013 Acts, ch 132, §58 [T]Subsection 3 stricken 466B.22 Watershed management authorities created. 1. Two or more political subdivisions may create, by chapter 28E agreement, a watershed management authority pursuant to this subchapter. The participating political subdivisions must be located in the same United States geological survey hydrologic unit code 8 watershed. All political subdivisions within a watershed must be notified within thirty days prior to organization of any watershed management authority within the watershed, and provided the opportunity to participate. 2. The chapter 28E agreement shall include a map showing the area and boundaries of the authority 3. A political subdivision may participate in more than one authority created pursuant to this subchapter. 4. A political subdivision is not required to participate in a watershed management authority or be a party to a chapter 28E agreement under this subchapter. 2010 Acts, ch 1116, §4 466B.23 Duties. A watershed management authority may perform all of the following duties: 1. Assess the flood risks in the watershed. • 2. Assess the water quality in the watershed. 3. Assess options for reducing flood risk and improving water quality in the watershed. 4. Monitor federal flood risk planning and activities. 5. Educate residents of the watershed area regarding water quality and flood risks. 6. Allocate moneys made available to the authority for purposes of water quality and flood mitigation. 7. Make and enter into contracts and agreements and execute all instruments necessary Thu Jan 09 12:06:25 2014 linc_system Iowa Code 2014, Chapter 466B (32, 14) 7 WATER PROTECTION AND WATERSHED MANAGEMENT, §466B.31 or incidental to the performance of the duties of the authority. A watershed management authority shall not acquire property by eminent domain. 2010 Acts, ch 1116, §5 466B.24 Board of directors. 1. An authority shall be governed by a board of directors. Members of a board of directors of an authority shall be divided among the political subdivisions comprising the authority and shall be appointed by the respective political subdivision's elected legislative body. 2. A board of directors shall consist of one representative of each participating political subdivision. This subsection shall not apply if a chapter 28E agreement under this subchapter provides an alternative board composition method. 3. 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. This subsection shall not apply if a chapter 28E agreement under this subchapter provides an alternative for the length of term, appointment, and reappointment of directors. 4. A 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. A 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. 6. A majority of the membership of a board of directors 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. 2010 Acts, ch 1116, §6 466B.25 Activities coordination. In all activities of a watershed management authority, the authority may coordinate its activities with the department of natural resources, the department of agriculture and land stewardship, councils of governments, public drinking water utilities, and soil and water conservation districts. 2010 Acts, ch 1116, §7 466B.26 through 466B.30 Reserved. SUBCHAPTER III WATERSHED PLANNING ACTIVITIES 466B.31 Watershed planning advisory council. 1. A watershed planning advisory council is established for purposes of assembling a diverse group of stakeholders to review research and make recommendations to various state entities regarding methods to protect water resources in the state, assure an adequate supply of water, mitigate and prevent floods, and coordinate the management of those resources in a sustainable, fiscally responsible, and environmentally responsible manner. The advisory council may seek input from councils of governments or other organizations in the development of its recommendations. The advisory council shall meet once a year and Thu Jan 09 12:06:25 2014 linc_system Iowa Code 2014, Chapter 466B (32, 14)