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Bee Branch Watershed Flood Mitigation Project, Iowa Flood Mitigation Board 4th AmendmentCity of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted June 15, 2020 Consent Items # 14. Bee Branch Watershed Flood Mitigation Project, Iowa Flood Mitigation Board, 4th Amendment to Funding Agreement City Manager recommending approval of Amendment No. 4 to the Funding Agreement with the Iowa Flood Mitigation Board in order to utilize state sales tax increment funding 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 Bee Branch Watershed Flood Mitigation Project Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Bee Branch 4th Amendment to Iowa Flood Mitigation Board Funding Agreement-MVM Memo Staff Memo Exhibit A Exhibit B Resolution Draft Amendment #4 Agreement Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation Resolutions Supporting Documentation Masterpiece on the Mississippi Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Watershed Flood Mitigation Project, Iowa Flood Mitigation Board, 4th Amendment to Funding Agreement DATE: June 8, 2020 City Engineer Gus Psihoyos recommends City council approval of Amendment Number Four to the Funding Agreement with the Iowa Flood Mitigation Board in order to utilize $98,474,178 in state sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project. I concur with the recommendation and respectfully request Mayor and City Council approval. /.. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Wit Masterpiece on the Mississippi Dubuque bend III -America City 11111 r 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: June 5, 2020 SUBJECT: Bee Branch Watershed Flood Mitigation Project, Iowa Flood Mitigation Board, 4th Amendment to Funding Agreement INTRODUCTION The purpose of this memorandum is to request approval of an amendment to the funding agreement (Agreement) with the State Flood Mitigation Board (Board) in order to utilize $98,474,178.00 in State sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project. BACKGROUND The Bee Branch Watershed, which includes the City's most developed areas where over 50% of city residents either live or work, has experienced repeated flooding impacting thousands of properties and over seventy businesses. Six Presidential Disaster Declarations have been issued since 1999 as a result of flood damage to public and private property. In 2012 the State of Iowa Flood Mitigation Program (Program) was created. It established a Sales Tax Increment Fund for 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. To qualify for sales tax increment funding, federal financial assistance must have been secured for the project. A local match is also required and the State sales tax increment cannot exceed 50% of the total project cost. In 2013, the City Council adopted the Drainage Basin Master Plan authored by HDR Engineering that outlines improvements to mitigate flooding. Collectively, the 12- phase project is referred to as the Bee Branch Watershed Flood Mitigation Project. 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 Bee Branch Watershed Flood Mitigation Project. The City's application was approved by the Iowa Flood Mitigation Board on December 4, 2013. In February of 2014, the City Council adopted Resolution 31-14 authorizing the execution of the Funding Agreement with the Iowa Flood Mitigation Board. As outlined in Exhibit of the Funding Agreement, the City will receive a total of $98,494,178.00 in State sales tax increment funds distributed over the course of 20 years. DISCUSSION On January 29, 2020 the Flood Mitigation Board (Board) approved the City of Burlington's request to adjust their Sales Tax Increment Projections. The adjustment made sales tax increment funding available in fiscal years 2020 through 2032. Subsequently, Iowa Homeland Security & Emergency Management (IHSEM) asked various funding recipients if they would be in a position to utilize the increment. While the total amount of increment to be received could not be increased, it would be possible to receive more increment sooner. Several recipients expressed interest. Working collaboratively with IHSEM and the other recipients, the additional increment was made available to the City of Dubuque starting in Fiscal Year 2023 for which the City could seek through Amendment Number Four to the Funding Agreement (Amendment). Attached Exhibit A shows how the Amendment will allow the City to utilize sales tax increment sooner than currently authorized. For example, the City is currently authorized to receive a combined $3,422,548 in fiscal year 2033 and 2034. Per the Amendment, the City will receive $3,058,940 of that spread out over the preceding ten years. The proposed Amendment also adjusts the totals in past fiscal years to reflect increment received. The Amendment will not adjust the total sales tax increment to be received. That remains fixed at $98,494,178.00. While the City did issue two sales tax increment bonds which are being retired using the annual sales tax increment payments from the State, the City is also using sales tax increment funding to pay for project elements on a "pay-as-you-go" basis. Therefore, receiving sales tax increment funding sooner will allow the City to move forward with project elements sooner. The City sent a letter requesting the modification of the schedule of payments. And with the help of IHSEM, the Amendment was presented and approved by the Board at their June 2020 meeting. The Amendment modifies the schedule of remittances that the City will receive payable over the term of the agreement and pursuant to the schedule as set out in the attached Exhibit B. All other paragraphs in the Agreement will remain unchanged. RECOMMENDATION I recommend execution of the attached Amendment Number Four to the Funding Agreement with the Iowa Flood Mitigation Board establishing the annual schedule of sales tax increment funds the City will receive from the State, totaling $98,494,178.00, for the Bee Branch Watershed Flood Mitigation Project. 2 REQUESTED ACTION I respectfully request adoption of the attached resolution approving Amendment Number Four to the Funding Agreement with the Iowa Flood Mitigation Board establishing the revised annual schedule of remittances of sales tax increment that the City will receive, totaling $98,494,178.00, for the Bee Branch Watershed Flood Mitigation Project. Attach. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Deron Muehring, Civil Engineer Jennifer Larson, Director of Finance and Budget 3 YEAR DUBUQUE APPROVED EXHIBIT A DUBUQUE PROPOSED AMENDMENT #4 DUBUQUE INCREASE/ (DECREASE) 2014 $ 395,704.00 $ 728,173.00 $ 332,469.00 2015 $ 2,655,058.00 $ 2,322,589.00 $ (332,469.00) 2016 $ 3,476,709.00 $ 3,476,709.00 $ - 2017 $ 3,906,383.00 $ 3,906,383.00 $ - 2018 $ 3,660,485.00 $ 3,666,608.93 $ 6,123.93 2019 $ 4,392,361.00 $ 4,392,361.00 2020 $ 5,175,452.00 $ 5,175,452.00 $ - 2021 $ 5,973,893.00 $ 5,973,893.00 $ - 2022 $ 6,787,982.00 $ 6,787,982.00 $ - 2023 $ 6,944,414.00 $ 7,080,998.50 $ 136,584.50 2024 $ 6,968,288.00 $ 7,115,772.00 $ 147,484.00 2025 $ 6,946,514.00 $ 7,105,141.00 $ 158,627.00 2026 $ 6,957,577.00 $ 7,127,595.50 $ 170,018.50 2027 $ 6,947,487.00 $ 7,203,282.58 $ 255,795.58 2028 $ 6,947,500.00 $ 7,334,631.00 $ 387,131.00 2029 $ 6,500,000.00 $ 6,911,458.00 $ 411,458.00 2030 $ 6,000,000.00 $ 6,436,319.00 $ 436,319.00 2031 $ 2,935,823.00 $ 3,397,545.00 $ 461,722.00 2032 $ 1,500,000.00 $ 1,987,676.00 $ 487,676.00 2033 $ 1,500,000.00 $ 363,608.49 $ (1,136,391.51) 2034 $ 1,922,548.00 $ - $ (1,922,548.00) 2035 $ - $ - $ 98,494,178.00 $ 98,494,178.00 $ 0.00 EXHIBIT B (Amendment #4) CITY OF DUBUQUE Flood Mitigation Program SALES TAX USE PROJECTIONS YEAR ORIGINAL REMITTANCE approved 02/10/14 AMENDMENT #1 REMITTANCE approved 04/29/15 AMENDMENT #2 REMITTANCE approved 06/28/17 *reverted back to Amendment #1 amount AMENDMENT #3 REMITTANCE approved 09/16/19 AMENDMENT#4 REMITTANCE Proposed 2014 $ 332,469 $ 395,704 $ 395,704 $ 395,704 $ 728,173.00 2015 $ 1,407,664 $ 2,655,058 $ 2,655,058 $ 2,655,058 $ 2,322,589.00 2016 $ 2,132,255 $ 3,476,709 $ 3,476,709 $ 3,476,709 $ 3,476,709.00 2017 $ 2,871,049 $ 4,316,027 $ 4,316,027 $ 3,906,383 $ 3,906,383.00 2018 $ 3,624,322 $ 5,173,389 $ 5,173,389 $ 3,660,485 $ 3,666,608.93 2019 $ 4,392,361 $ 4,392,361 $ 4,392,361 $ 4,392,361 $ 4,392,361.00 2020 $ 5,175,452 $ 5,175,452 $ 5,175,452 $ 5,175,452 $ 5,175,452.00 2021 $ 5,973,893 $ 5,973,893 $ 5,973,893 $ 5,973,893 $ 5,973,893.00 2022 $ 6,787,982 $ 6,787,982 $ 6,787,982 $ 6,787,982 $ 6,787,982.00 2023 $ 6,944,414 $ 6,944,414 $ 6,944,414 $ 6,944,414 $ 7,080,998.50 2024 $ 6,968,288 $ 6,968,288 $ 6,968,288 $ 6,968,288 $ 7,115,772.00 2025 $ 6,946,514 $ 6,946,514 $ 6,946,514 $ 6,946,514 $ 7,105,141.00 2026 $ 6,957,577 $ 6,957,577 $ 6,957,577 $ 6,957,577 $ 7,127,595.50 2027 $ 6,947,487 $ 6,947,487 $ 6,947,487 $ 6,947,487 $ 7,203,282.58 2028 $ 6,947,500 $ 6,947,500 $ 6,947,500 $ 6,947,500 $ 7,334,631.00 2029 $ 6,500,000 $ 6,500,000 $ 6,500,000 $ 6,500,000 $ 6,911,458.00 2030 $ 6,000,000 $ 6,000,000 $ 6,000,000 $ 6,000,000 $ 6,436,319.00 2031 $ 5,500,000 $ 2,935,823 $ 2,935,823 $ 2,935,823 $ 3,397,545.00 2032 $ 3,260,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,987,676.00 2033 $ 2,824,951 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 363,608.49 2034 $ - $ - $ - $ 1,922,548 $ - 2035 $ - $ - $ - $ - $ - TOTAL $ 98,494,178 $ 98,494,178 $ 98,494,178 $ 98,494,178 $ 98,494,178.00 Prepared by: Deron Muehring, City Hall, 50 W 13th Street, Dubuque IA 52001 563-589-4270 RESOLUTION NO. 182-20 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 Funding Agreement established the sales tax increment that the City can receive by fiscal year; and WHEREAS, additional sales tax increment was made available to the City is fiscal years 2023 through 2032; and WHEREAS, the City of Dubuque submitted a request to amend the Funding Agreement to the Board that would modify the schedule of payments such that the City would receive sales tax increment sooner; and WHEREAS, the Board, on June 8, 2020, voted to approve Amendment Number Four (Amendment) modifying the Funding Agreement and the schedule of payments; and WHEREAS, it is in the best interest of the City to seek the use of the sales tax increment available in fiscal years 2023 through 2032 through an amendment to the Funding Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Amendment is approved. Section 2. The Mayor is hereby authorized to execute and deliver the Amended and execute such other documents as the Iowa Flood Mitigation Board may reasonably require that are necessary to bind the City to the terms of the Amended Agreement as required for the City's receipt of $ 98,494,178 in sales tax increment funds for the Bee Branch Watershed Flood Mitigation Project through the State Flood Mitigation Program. Passed, approved and adopted this 15th day of June 2020. Roy D. Buol, Mayor Attest: KevilK S. Firnstahl, City Clerk Amendment Number Four AGREEMENT Between THE FLOOD MITIGATION BOARD And THE CITY OF DUBUQUE, IOWA AGREEMENT NUMBER: 2013-0 PROJECT TITLE: Bee Branch Watershed Flood Mitigation Project This is Amendment Number Four to the above -referenced Agreement (AGREEMENT) between the Flood Mitigation Board and the City of Dubuque. The original AGREEMENT was executed on 2/10/14, Amendment Number One on 4/29/15, Amendment Number Two on 6/29/17, and Amendment Number Three on 10/21/2019. The Flood Mitigation Board, on June 8, 2020, voted to approve the Amendment Number Four to the Agreement between the Flood Mitigation Board and the City of Dubuque, Iowa. Article 5, APPROVAL OF USE SALES TAX REVENUES, of the said AGREEMENT is amended to read: The Board hereby approves the use of sales tax increment revenues under Iowa Code chapter 418 to the maximum amount of $ 98 494 178.00. Payable over the term of this AGREEMENT and pursuant to the schedule as set out in the attached Exhibit B Amended #4. All in accordance with and subject to the terms and conditions of this AGREEMENT, Iowa Code chapter 418, and applicable administrative rules. All other paragraphs in said AGREEMENT remain unchanged. IN WITNESS WIiEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above AGREEMENT and have caused their duly authorized representatives to execute this AGREEMENT. Date: el4la Attest: K: in S. Firnstahl, City Clerk Date: 47/6419.ale) FLOOD MITIGATION BOARD By: By: 1 Joy + Flinn, Chair 41A416(90 EXHIBIT B (Amendment #4) CITY OF DUBUQUE Flood Mitigation Program SALES TAX USE PROJECTIONS YEAR ORIGINAL REMITTANCE approved 02/10/14 AMEN DMENT #1 REMITTANCE approved 04/29/15 AMENDMENT#2 REMITTANCE approved 06/28/17 *reverted back to Amendment #1 amount AMENDMENT#3 REMITTANCE approved 09/16/19 AMENDMENT #4 REMITTANCE approved 06/08/2020 2014 $ 332,469 $ 395,704 $ 395,704 $ 395,704 $ 728,173.00 2015 $ 1,407,664 $ 2,655,058 $ 2,655,058 $ 2,655,058 $ 2,322,589.00 2016 $ 2,132,255 $ 3,476,709 $ 3,476,709 $ 3,476,709 $ 3,476,709.00 2017 $ 2,871,049 $ 4,316,027 $ 4,316,027 $ 3,906,383 $ 3,906,383.00 2018 $ 3,624,322 $ 5,173,389 $ 5,173,389 $ 3,660,485 $ 3,666,608.93 2019 $ 4,392,361 $ 4,392,361 $ 4,392,361 $ 4,392,361 $ 4,392,361.00 2020 $ 5,175,452 $ 5,175,452 $ 5,175,452 $ 5,175,452 $ 5,175,452.00 2021 $ 5,973,893 $ 5,973,893 $ 5,973,893 $ 5,973,893 $ 5,973,893.00 2022 $ 6,787,982 $ 6,787,982 $ 6,787,982 $ 6,787,982 $ 6,787,982.00 2023 $ 6,944,414 $ 6,944,414 $ 6,944,414 $ 6,944,414 $ 7,080,998.50 2024 $ 6,968,288 $ 6,968,288 $ 6,968,288 $ 6,968,288 $ 7,115,772.00 2025 $ 6,946,514 $ 6,946,514 $ 6,946,514 $ 6,946,514 $ 7,105,141.00 2026 $ 6,957,577 $ 6,957,577 $ 6,957,577 $ 6,957,577 $ 7,127,595.50 2027 $ 6,947,487 $ 6,947,487 $ 6,947,487 $ 6,947,487 $ 7,203,282.58 2028 $ 6,947,500 $ 6,947,500 $ 6,947,500 $ 6,947,500 $ 7,334,631.00 2029 $ 6,500,000 $ 6,500,000 $ 6,500,000 $ 6,500,000 $ 6,911,458.00 2030 $ 6,000,000 $ 6,000,000 $ 6,000,000 $ 6,000,000 $ 6,436,319.00 2031 $ 5,500,000 $ 2,935,823 $ 2,935,823 $ 2,935,823 $ 3,397,545.00 2032 $ 3,260,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,987,676.00 2033 $ 2,824,951 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 363,608.49 2034 $ - $ - $ - $ 1,922,548 $ - 2035 $ - $ - $ - $ - $ - TOTAL $ 98,494,178 $ 98,494,178 $ 98,494,178 $ 98,494,178 $ 98,494,178.00 Kevin Firnstahl From:Kevin Firnstahl Sent:Tuesday, June 16, 2020 4:13 PM To:carol.tomb@iowa.gov Cc:Deron Muehring; Kerry Bradley; Teri Goodmann; Alexis Steger Subject:City of Dubuque / Flood Mitigation Board Agreement - Amendment No. 4 Attachments:Flood Mitigation Board Amendment 4 - Dubuque.pdf Hello Carol, Attached for your signature is the partially executed Amendment No. 4 to the Agreement between the Flood Mitigation Board and the City of Dubuque, Iowa Agreement No. 2013-0 – Bee Branch Watershed Flood Mitigation Project Please return an executed copy to me for my files. Please contact me if you have any questions or difficulty with the attachments. Thank you. Kevin S. Firnstahl, City Clerk th 50 W. 13 Street Dubuque, IA 52001 kfirnsta@cityofdubuque.org 563-589-4100 563-589-4121 Please note: I am currently working between City Hall and home. You may continue to contact me using the above listed information. My hours of work are Monday – Friday, 8:00 a.m. to 5:00 p.m. CST. Are you interested in how the City of Dubuque is responding to COVID-19? Please visit www.cityofdubuque.org/dubuquecovid19response HERE FOR YOU: The City of Dubuque is committed to and prepared for providing all essential services to our residents during the Coronavirus (COVID-19) pandemic. Most City of Dubuque offices and facilities are closed to the public through at least July 6, 2020, but staff are still working. We are continuing to provide services to the public electronically, by phone, by mail, and when/if necessary, by appointment.  For contact information and service delivery changes for all departments, visit www.cityofdubuque.org.  To report a concern or submit an online service request, visit www.cityofdubuque.org/citizensupport.  For the latest local information on COVID-19, visit www.cityofdubuque.org/covid19 or call 563.556.6200. 1