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Amendment to State Flood Mitigation Board Funding Agreement_Bee Branch Watershed_Resolution Copyrighted June 21, 2017 City of Dubuque Consent Items # 1. ITEM TITLE: Amendment to State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project SUMMARY: City Manager recommending approval to amend the State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project. RESOLUTION 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 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Request Letter Supporting Documentation Exhibit B Supporting Documentation Resolution Resolutions THE CITY OF ¶fi DUBE Masterpiece on the Mississippi 2007.2012.2010 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project DATE: June 20, 2017 City Engineer Gus Psihoyos recommends City Council approval to amend the State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project. Recently, the City of Cedar Falls reached out to the City of Dubuque seeking help. They believe that their sales tax growth in Fiscal Year 2017 will not grow as originally projected, preventing them from collecting approximately $700,000 in sales tax increment funding from the state. And the State Flood Mitigation Board (Board) would not have the ability to re-allocate the funding later on as the Board has already allocated the maximum they can in subsequent years. This is where the City of Dubuque may be able to help. In contrast to Cedar Falls, sales tax collections in the City of Dubuque have exceeded the projections outlined in the City's original application. It is possible the City will generate enough sales tax increment in Fiscal Year 2017 to support the City's receipt of additional funding. The proposal to the Board will be to shift up to $700,000 in Fiscal Year 2017 sales tax increment from the City of Cedar Falls to the City of Dubuque and in Fiscal Year 2019 to shift a corresponding amount from the City of Dubuque to the City of Cedar Falls. The amendment will take into consideration that the amount shifted will be limited to the actual sales tax increment generated in the City of Dubuque above and beyond what the City is currently programmed to receive. Hence, the "up to $700,000" language. Essentially, the City will not lose out on sales tax increment funding as a result of the proposed amendment. This amendment will not modify the total sales tax increment funding available for the City's use. It would simply accelerate the City's receipt of up to $700,000, shifting it from Fiscal Year 2019 to Fiscal Year 2017. I concur with the recommendation and respectfully request Mayor and City Council approval. / 7iIt/L JGt�t Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 Dubuque THE CITY OF heal DUB E 'Iv Clly Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: June 20, 2017 SUBJECT: Amendment to State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project INTRODUCTION The purpose of this memorandum is to request approval to amend the State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project. BACKGROUND In 2012, the State of Iowa Flood Mitigation Program (Program) was created. It established that sales tax increment collected in a City can be used to fund flood mitigation projects. The Sales Tax Increment Fund is to consist of the increase in the state share of the sales tax revenues from communities with qualifying applications. The maximum state share of sales tax increment that can be diverted from the state and used instead for flood mitigation projects is 30 million per year. The maximum award for any qualifying single community is $15 million per year. In April of 2013 the State Flood Mitigation Program Board the Board) was established. And at its third meeting in July of 2013, the Board adopted the administrative rules for the Program. In November of 2013, the City Council adopted Resolution 336-13 authorizing the City's application to the State for the use of up to $98,494,178 in sales tax increment funds for the 12-phase Bee Branch Watershed Flood Mitigation Project. The City's application included a Project Plan that included information about the various phases of the project, the schedule for construction, and the financing plan utilizing sales tax increment funds. On December 4, 2013, the Iowa Flood Mitigation Board approved the City's application and the City's use of $98,494,178.00 in state sales tax increment funds for the Bee Branch Watershed Flood Mitigation Project. In February of 2014, the City Council adopted Resolution 31-14 authorizing the execution of a 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 Mitigation Project. The sales tax increment is to be distributed to the City based on a set schedule over a twenty-year period as outlined in the City's Project Plan and as reflected in the funding agreement. In April of 2015, the City Council adopted Resolution 138-15 authorizing an amendment to the funding agreement with the Iowa Flood Mitigation Board that provided for the City to receive an additional $5 million in sales tax increment in Fiscal Years 2014 through 2018 offset by a reduction of$5 million in sales tax increment in Fiscal Years 2031 through 2033. On June 19, 2017, the City Council approved seeking an amendment to the State Flood Mitigation Board Funding Agreement in order to secure up to $700,000.00 in additional sales tax increment funding in FY2017 offset by a corresponding decrease in FY2019 for the Bee Branch Watershed Flood Mitigation Project. DISCUSSION The legislation establishing the State Flood Mitigation Program (Program) and the subsequent amendments to the Iowa Code enacting the Program established limitations on a city's use of sales tax increment. A city is only eligible to use state sales tax increment funding if the sales tax collections within the city actually grow. Recently, the City of Cedar Falls reached out to the City of Dubuque seeking help. They believe that their sales tax growth in FY17 will not grow as originally projected, preventing them from collecting approximately $700,000 in sales tax increment funding from the state. And the State Flood Mitigation Board (Board) would not have the ability to re-allocate the funding later on as the Board has already allocated the maximum they can in subsequent years. This is where the City of Dubuque may be able to help. In contrast to Cedar Falls, sales tax collections in the City of Dubuque have exceeded the projections outlined in the City's original application. There is the possibility that the City will generate enough sales tax increment in FY17 that would support the City's receipt of additional funding. The proposal to the Board will be to shift up to $700,000 in FY17 sales tax increment from the City of Cedar Falls to the City of Dubuque and shift a corresponding amount in FY19 from the City of Dubuque to the City of Cedar Falls. The amendment will take into consideration that the amount shifted will be limited to the actual sales tax increment generated in the City of Dubuque above and beyond what the City is currently programmed to receive. Hence, the "up to $700,000" language. Essentially, the City will not lose out on sales tax increment funding as a result of the proposed amendment. This amendment will not modify the total sales tax increment funding available for the City's use. It would simply accelerate the City's receipt of up to $700,000, shifting it from FY19 to FY17. 2 RECOMMENDATION I recommend that the City amend the State Flood Mitigation Board Funding Agreement in order to secure up to $700,000.00 in additional sales tax increment funding in FY2017 offset by a corresponding decrease in FY2019 for the Bee Branch Watershed Flood Mitigation Project. BUDGET IMPACT If realized, the use of the additional sales tax increment funding would be considered as part of an amendment to the Fiscal Year 2018 Storm Water Utility Fund Budget and further reflected in the upcoming FY19-FY23 Capital Improvement Program Budget. REQUESTED ACTION I respectfully request adoption of the attached resolution approving an amendment to the State Flood Mitigation Board Funding Agreement in order to secure up to $700,000.00 in additional sales tax increment funding in FY2017 offset by a corresponding decrease in FY2019 for the Bee Branch Watershed Flood Mitigation Project. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Jennifer Larson, Budget Director Teri Goodmann, Assistant City Manager Alexis Steger, Senior Budget Analyst Deron Muehring, Civil Engineer 3 ue Dubuq THE CITY OF City Manager's Office City Hall UBR All-America City 50 West 13"'Street 1 I I ic I ' Dubuque,Iowa 52001-4805 Office(563)589-4110 Masterpiece on the Mississippi Fax(563)589-4149 2007•2012•2013 TTY(563)690-6678 ctymgr@cityofdubuque.org www.cityofdubuque.org June 20, 2017 Carol Tomb Hazard Mitigation Project Officer - Infrastructure Iowa Department of Homeland Security and Emergency Management. 7900 Hickman Rd., Suite 500 Windsor Heights, IA 50324 VIA EMAIL RE: State Flood Mitigation Program, Proposed Amendment#2 to Agreement 2013-0 Dear Ms. Tomb, The purpose of this letter is to seek an amendment to the funding agreement between the Flood Mitigation Board and the City of Dubuque related to the City's use of state sales tax revenues for the Bee Branch Watershed Flood Mitigation Project. Specifically, the City is requesting changes to Exhibit B, the schedule of remittances for the use of sales tax revenues. The City of Dubuque 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. The City of Dubuque has analyzed its projected sales tax increment for FY 2017 in an to attempt to assist the City of Cedar Falls. Although the City of Dubuque may generate sales tax increment in excess of what it projected in Amendment#1, it is uncertain that this will occur. However, the City of Dubuque is willing to propose an amendment to the remittance schedule for 2017 and 2019 that 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. If the City generates $700,000 in excess increment in FY 2017, then the City's requested remittance for FY 2019 would be reduced by $700,000 to the amount shown on proposed amendment #2 ($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 ($4,392,361). As outlined in the City's Project Plan, the City purposefully limited its yearly requests by proposing to spread the construction of project phases over several years in order to both limit borrowing and allow for the availability of more sales tax increment for other Iowa communities that may have funding requests through the state flood mitigation program. The City remains cognizant of the limits placed on the sales tax increment funding that the Board can allocate per year. Approving the City's amendment will continue to provide the Board with the flexibility to assist cities that may not be generating as much sales tax increment as needed in the early years of the Flood Mitigation Program by freeing up excess increment in later years. The City of Dubuque respectfully requests amending Exhibit B of funding Agreement 2013-0 as set forth in the attached Proposed Amendment #2 to reflect the proposed revised sales tax increment remittance schedule contingent on the City's ability to generate the additional $700,000 in excess sales tax increment in FY 2017. Thank you in advance for your assistance. Sincerely, / LJ* k /' 1L Michael C. Van Milligen City Manager Attachments cc: Jennifer Larson, Budget Director Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer Alexis Steger, Confidential Account Clerk Prepared by: Deron Muehring, City Hall, 50 W 13th Street, Dubuque IA 52001 563-589-4270 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 developed areas where over 50% of city residents either live or work, has experienced flooding 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 collectively 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 reconstruction 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 necessary 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 conditions 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 increment 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: 1. 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 — Infrastructure 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). 2. 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. D. Roy D. BI, Mayor Attest: Ke in S. Firnsta"l, City'Clerk EXHIBIT B CITY OF DUBUQUE CITY OF DUBUQUE Flood Mitigation Program Flood Mitigation Program Approved Amendment#1 Proposed Amendment#2 submitted June 2017 _ SALES TAX INCREMENT PROJECTIONS SALES TAX INCREMENT PROJECTIONS YEAR AMOUNT YEAR AMOUNT 2014 $ 395,704 2014 $ 395,704 2015 $ 2,655,058 2015 $ 2,655,058 2016 $ 3,476,709 2016 $ 3,476,709 2017 $ 4,316,027 2017 $ 5,016,027 * 2018 $ 5,173,389 2018 $ 5,173,389 2019 $ 4,392,361 2019 $ 3,692,361 * 2020 $ 5475,452 2020 $ 5,175,452 2021 $ 5,973,893 2021 $ 5,973,893 2022 $ 6,787,982 2022 $ 6,787,982 2023 $ 6,944,414 2023 $ 6,944,414 2024 $ 6,968,288 2024 $ 6,968,288 2025 $ 6,946,514 2025 $ 6,946,514 2026 $ 6,957,577 2026 $ 6,957,577 2027 $ 6,947,487 2027 $ 6,947,487 2028 $ 6,947,500 2028 $ 6,947,500 2029 $ 6,500,000 2029 $ 6,500,000 2030 $ 6,000,000 2030 $ 6,000,000 2031 $ 2,935,823 2031 $ 2,935,823 2032 $ 1,500,000 2032 $ 1,500,000 2033 $ 1,500,000 2033 $ 1,500,000 2034 2034 2035 2035 TOTAL $ 98,494,178I TOTAL $ 98,494,178 *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. If the City generates$700,000 in excess increment in FY 2017,then the City's requested remittance for FY 2019 would be reduced by$700,000. However, if the excess increment in FY 2017 is less than $700,000,the difference between the actual excess increment and $700,000 shall be added to the FY2019 requested amount as approved in Amendment#1. RESOLUTION NO. 20,616 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE FLOOD MITIGATION AGREEMENT 2014-0 BETWEEN THE CITY OF CEDAR FALLS AND THE FLOOD MITIGATION BOARD FOR THE USE OF SALES TAX INCREMENT REVENUES FOR THE DOWNTOWN LEVEE PROJECT WHEREAS, the City Council of the City of Cedar Falls, Iowa on March 24, 2014 approved submission of an application to the Iowa Flood Mitigation Board requesting approval for the use of sales tax revenues through the State of Iowa Flood Mitigation Program for the Downtown Levee Improvement Flood Mitigation Project, and WHEREAS, the City has determined that projections for the timing of revenues and expenses related to that project have changed since that initial application, and WHEREAS, the City has been working with the City of Dubuque to exchange funds from 2017 to 2019 in an amount not to exceed $700,000 and to request funds of $762,221.13 that were not received in 2014 be moved to 2034, and WHEREAS, the City is not changing the total amount requested ($6,625,000.00) that was approved in the original application and that the City Council of the City of Cedar Falls, Iowa deems it in the best interest of the City of Cedar Falls, Iowa to approve and authorize execution of this amendment request for the use of sales tax increment revenues for the Downtown Levee Improvement Flood Mitigation project. NOW THEREFORE, be it resolved by the City Council of the City of Cedar Falls, Iowa, that said amendment is hereby approved and the City Administrator is authorized to execute this amendment on behalf of the City of Cedar Falls, Iowa. ADOPTED this 22nd day of June 2017. ATTEST: ADA? 'A/ rc line Danielsen, CMC, City Clerk James P. Brown, Mayor EXHIBIT B (Amended #1) CITY OF CEDAR FALLS Flood Mitigation Program SALES TAX USE PROJECTIONS ORIGINAL AMOUNT approved YEAR 2/28/14 Proposed Amended #1 submitted June 2017. 2014 $ 580,134.00 $ 2015 $ 1,177,673.00 $ 2016 $ 1,793,137.00 2017 $ 2,427,065.00 2018 $ 646,991.00 2019 $ - $ 2020 $ - $ 2021 $ - $ 2022 $ - $ 2023 $ - $ 2024 $ $ 2025 $ - $ 2026 $ - $ 2027 $ - $ 2028 $ - $ 2029 $ - $ 2030 $ $ 2031 $ - $ 2032 $ - $ 2033 $ $ 2034 $ 2035 $ - $ TOTAL $ 6,625,000.00 $ 995,585.86 1,793,137.01 $ 1,727,065.00 646,991.00 700,000.00 $ 762,221.13 6,625,000.00 * *This amount is contingent upon the amount that the City of Dubuque is able to generate. If this amount is Tess than $700,000, then the exchange amount in FY19 would change by the exact amount. The City of Cedar Falls would then move the amount that is less than $700,000 to FY34. 1 Kevin Firnstahl From:Deron Muehring Sent:Friday, July 14, 2017 9:23 AM To:Kevin Firnstahl Subject:Agreement, Amendment No 2, State Flood Mitigation Board Attachments:Agreement, Amendment No 2, executed.pdf Kevin,    Attached is the executed amendment no 2 to the agreement with the State Flood Mitigation Board. It is associated with  Resolution 229‐17 adopted by the City Council during a special session on June 21.    Do you want an original paper copy?    Deron      Deron L. Muehring, Civil Engineer  City of Dubuque, IA    50 W. 13th Street  Dubuque, IA 52001  P: 563‐589‐4276  F: 563‐589‐4205    Imagine Dubuque! Have you shared your ideas to make Dubuque a more viable, livable, and equitable community? To  learn more and share your ideas visit http://imaginedubuque.com or download the project app today!