6 21 17 City Council Proceedings Official_Special CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on June 21 , 2017 in the
Municipal Services Center Conference Room, 925 Kerper Court.
Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick; City Man-
ager Van Milligen
Absent: Council Members Del Toro and Rios
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolution, and dispose
of as indicated. Seconded by Jones. Motion carried 5-0.
1 . Amendment to State Flood Mitigation Board Funding Agreement for the Bee Branch
Watershed Flood Mitigation Project: City Manager recommending approval to amend the
State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood
Mitigation Project. Upon motion the documents were received and filed and Resolution
No. 229-17 Authorizing an Amendment to the Funding Agreement between the City of
Dubuque and the State of Iowa Flood Mitigation Board for the City's use of Sales Tax
Increment Funding for the Bee Branch Watershed Flood Mitigation Project was adopted.
RESOLUTION NO. 229-17
AUTHORIZING AN AMENDMENT TO THE FUNDING AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND THE STATE OF IOWA FLOOD MITIGATION BOARD FOR
THE CITY'S USE OF SALES TAX INCREMENT FUNDING FOR THE BEE BRANCH
WATERSHED FLOOD MITIGATION PROJECT
Whereas, Six Presidential Disaster Declarations have been issued for flooding, severe
storms and tornados between 1999 and 2011 due to flash flooding; and
Whereas, the Bee Branch Watershed, which includes the City of Dubuque's most de-
veloped areas where over 50% of city residents either live or work, has experienced flood-
ing impacting thousands of properties and over seventy businesses; and
Whereas, the City Council of the City of Dubuque has adopted a drainage basin master
plan authored by HDR Engineering that outlines improvements to mitigate flooding col-
lectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Project);
and
Whereas, the Flood Mitigation Program was established by the Iowa Legislature and
the Governor of Iowa to support community projects for the construction and reconstruc-
tion of levees, embankments, impounding reservoirs, or conduits that are necessary for
the protection of property from the effects of floodwaters and may include the deepening,
widening, alteration, change, diversion, or other improvement of watercourses if neces-
sary for the protection of such property from the effects of floodwaters; and
Whereas, the City of Dubuque submitted an application to the Iowa Flood Mitigation
Board (the Board) requesting the use of$98,494,178.00 in sales tax increment funds for
the Project; and
Whereas, the Board, on December 4, 2013, voted to approve the City's application for
construction of the Project, subject to the requirements set forth in Iowa Code chapter
418 and the administrative rules promulgated under it and subject to the terms and con-
ditions set forth in an agreement; and
Whereas, the City Council, on February 3, 2014, adopted Resolution 31 -14 authorizing
the execution of an agreement (Funding Agreement) with the Iowa Flood Mitigation Board
binding the City to the terms of the agreement as required for the City's receipt of up to
$98,494,178.00 in state sales tax increment funds for the Bee Branch Watershed Flood;
and
Whereas, the City was contacted by the City of Cedar Falls due to a potential shortage
of sales tax increment for the City of Cedar Falls in FY 2017; and
Whereas, the City has analyzed its projected sales tax increment for FY 2017 in an
attempt to assist the City of Cedar Falls; and
Whereas, the City may generate sales tax increment in excess of what the City is
scheduled to receive in FY 2017, but it is uncertain that this will occur; and
Whereas, the City is willing to propose an amendment to its remittance schedule for
2017 and 2019 that is contingent upon the City generating up to $700,000 sales tax in-
crement in FY 2017 in excess of what the City is scheduled to receive as provided in the
Funding Agreement; and
Whereas, it is in the best interest of the City to seek the use of the additional sales tax
increment in FY 2017 through an amendment to the Funding Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
The City Council approves an amendment to the Funding Agreement as set forth in
the attached June 20, 2017 letter to Carol Tomb, Hazard Mitigation Project Officer — In-
frastructure and accompanying Exhibit B as follows:
The amendment to the remittance schedule for 2017 and 2019 shown on Exhibit B as
proposed amendment #2 is contingent upon the City of Dubuque generating up to
$700,000 sales tax increment in FY 2017 in excess of what is projected in Amendment
#1 shown on Exhibit B. If the City generates $700,000 in excess increment in FY 2017,
then the City's requested remittance for FY 2019 will be reduced by $700,000 to the
amount shown on proposed amendment #2 shown on Exhibit B ($3,692,361). However,
if the excess increment in FY 2017 is less than $700,000, the difference between the
actual excess increment for FY 2017 and $700,000 would be added to the remittance
request for FY 2019 as approved in Amendment #1 shown on Exhibit B ($4,392,361).
The City Manager is authorized and directed to take further action as is necessary to
finalize and implement the amendment.
Passed, approved and adopted this 21st day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
There being no further business, upon motion the City Council adjourned at 5:01 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk