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Bee Branch Watershed_State Flood Mitigation Board - Amendment to Agreement Copyright 2014 City of Dubuque Consent Items # 13. ITEM TITLE: State Flood Mitigation Board - Amendment to Agreement SUMMARY: City Manager recommending approval to seek an amendment to the State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project. RESOLUTION Authorizing an amendment to the Agreement with the State of Iowa Flood Mitigation Board which authorizes 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 ❑ Amendment to State Flood Mitigation Board Funding Agreement for Bee City Manager Memo Branch-MVM Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Letterto State Flood Mitigation Supporting Documentation ❑ Attachment Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 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: September 1, 2015 Civil Engineer II Deron Muehring requests City Council approval to seek an amendment to the State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project requesting to use an additional $1,962,080 in sales tax increment collected in Fiscal Years 2014 and 2015 for the Bee Branch Watershed Flood Mitigation project. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Deron Muehring, Civil Engineering II Gus Psihoyos, City Engineer T'F-lE CITY OF DUB uque DUB- E AR. caCRY 11111" Masterpiece oY1 the Mississippi zoo,•2012•n„; TO: Michael C. Van Milligen, City Manager FROM: Deron Muehring, Civil Engineer II DATE: August 31, 2015 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 seek an amendment to the State Flood Mitigation Board Funding Agreement 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 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. 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 if the sales tax collections grow. And a city can only use the portion of sales tax that represents the actual growth. As part of its application, the City of Dubuque projected that the state sales tax collected within the City would grow annually by 1.97% based on the average growth from 2003 to 2013. This annual growth rate was then utilized to predict the amount of sales tax increment that would be available for the City's use in order to fund the Bee Branch Watershed Flood Mitigation Project. The 1.97% annual growth rate was thought to a conservative approach which would ensure that the actual sales tax growth would allow the City to receive the annual sales tax increment funding outlined in the Project Plan and reflected in the City's budget. The actual sales tax growth from Fiscal Year 2013 to Fiscal Year 2014 was 5.20%. Therefore, In March of 2015, the City sought an amendment to the funding agreement that would modify the 20-year distribution schedule and allow the City's use of $5 million more in sales tax increment in Fiscal Years 2014 through 2018 and $5 million less in sales tax increment from Fiscal Years 2031 through 2033. This request was subsequently approved by the Board on April 13, 2015. This amendment did not modify the total sales tax increment funding available for the City's use; the amended schedule still reflects that the City will receive a total of$98,494,178.00 in sales tax increment funds for the Bee Branch Watershed Flood Mitigation Project. DISCUSSION Because the actual sales tax growth in Fiscal Year 2014 and Fiscal Year 2015 exceeded the projected totals, the City is eligible to receive the additional sales tax increment if the funding agreement is amended accordingly. Therefore, a letter was sent (attached) to the State requesting 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 12-phase Bee Branch Watershed Flood Mitigation Project. Specifically, the City inquired about the use of the actual sales tax increment generated in Fiscal Year 2014 in the amount of$487,080.00 and the estimated increase in sales tax increment to be generated in Fiscal Year 2015 in the amount of$1,475,000.00 for a total request of$1,962,080.00. If approved, the funding agreement would reflect that the City will receive $100,456,258.00 in sales tax increment disbursed from 2014 through 2033. Attachment 1 shows a comparison between the adopted annual disbursement schedule versus the proposed schedule. 2 RECOMMENDATION I recommend that the City seek an amendment to the State Flood Mitigation Board Funding Agreement in order to secure an additional $1,962,080.00 in sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project. BUDGET IMPACT The use of the additional $1,962,080.00 in sales tax increment funding would be considered as part of an amendment to the Fiscal Year 2016 Storm Water Utility Fund Budget. REQUESTED ACTION I respectfully request adoption of the attached resolution approving the City's request for the use of additional sales tax increment collected in Fiscal Years 2014 and 2015 for the Bee Branch Watershed Flood Mitigation Project. Encl. Cc: Barry Lindahl, City Attorney Jennifer Larson, Budget Directot Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Alexis Steger, Senior Budget Analyst 3 Prepared by: Deron Muehring, City Hall, 50 W 13th Street, Dubuque IA 52001 563-589-4270 RESOLUTION NO. 295-15B A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH THE STATE OF IOWA FLOOD MITIGATION BOARD WHICH AUTHORIZES 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 actual sales tax growth in Fiscal Year 2014 and Fiscal Year 2015 exceeded the projected totals so that the City would be eligible to receive up to an additional $1,962,080.00 in sales tax increment if the Funding Agreement is amended accordingly; and WHEREAS, it is in the best interest of the City to seek the use of the additional sales tax increment through an amendment to the Funding Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1: The City's request to amend the Funding Agreement with the Iowa Flood Mitigation Board in order for the City to receive an additional $1,962,080.00 in sales tax increment funding for the City's flood project fund for the above purposes is hereby authorized. Passed, approved and adopted this 8th day of September, 2015. Attest: Ade r Kevin Firnstah C ' ""lerk 4). Roy D. By`I, Mayor THE CDtUB OF Dubuque City Manager's Office City Hall AD-MOcaCRY 50 West 13`h Street E ' ' Dubuque,Iowa 52001-4805 I I Office(563)589-4110 Masterpiece on the Mississippi Fax(563)589-4149 2007.2012.2013 TTY(563)690-6678 ctyi-ngr@cityofdubuque.org www.cityofdubuque.org August 26, 2015 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 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 12-phase Bee Branch Watershed Flood Mitigation Project. Specifically, the City is requesting the use of sales tax increment generated in Fiscal Year 2014 in the amount of $487,080 and the estimated increase in sales tax increment generated in Fiscal Year 2015 in the amount of $1,475,000 for a total of$1,962,080. On May 18th, 2015, two construction contracts for Phase 7, the Upper Bee Branch Creek Restoration, were awarded at $9,532,946 over the estimate. Due to the current bidding environment it was established that although this was a significant overage, it was in the best interest of the City and its citizens to award the contracts in order to avoid the risk associated with the recurring flash flooding. The City of Dubuque updated the annual projected increase for sales tax increment in 2014 to reflect the increases that were being realized. The city continues to exceed even the updated 2.15% annual projected increase. The City produced $316,420 more in sales tax increment in the first two quarters of Fiscal Year 2015 than projected. Previously, through an amendment, the City was allowed to utilize more FY14 increment than originally awarded. The City has yet to receive this increase. In accordance with Chapter 418.4(3)d of the Iowa Code, the City of Dubuque passed a resolution on February 07, 2014 authorizing the use of sales tax increment revenue for the Bee Branch Creek Watershed Flood Mitigation Project and, as required, provided a copy of the resolution to the Department of Revenue. This established that the Department of Revenue was to begin depositing money in the dedicated sales tax increment fund for the City of Dubuque beginning on April 1, 2014. The City was notified in June of 2014 that the Department of Revenue was to distribute $695,828.72 in sales tax increment collected in the 3rd quarter of FY 2014 into the sales tax increment fund. The City subsequently asked for and received its first disbursement of FY14 sales tax increment in the amount of$332,469.00 in August of 2014. The Department of Revenue later retracted this deposit in March 2015, believing the City was not eligible to use of the 3rd Quarter of Fiscal Year 2014 sales tax increment, citing Chapter 418.4(3)d. This was not an issue at the time because the City's sales tax increment for the 4th quarter of FY 2014 still exceeded the sales tax increment approved for the City's use in FY14. For reference, Chapter 418.12(3) of the Iowa Code states: "The Department of revenue shall deposit in the fund the moneys described in subsection 1 beginning the first day of the quarter following receipt of a resolution under section 418.4, subsection 2, paragraph "d". However, in no case shall a sales tax increment be calculated under section 418.11 or such moneys be deposited in the fund under this section prior to January 1, 2014" Chapter 418.12(3) of the Iowa Code outlines when the Department of Revenue is expected to begin depositing sales tax increment into the fund and make it available to the City. The Department of Revenue complied with this provision when it deposited the sales tax increment collected in the 3rd quarter of FY 2014 into the fund in June of 2014. Therefore, the City is seeking the use of the $487,080 sales tax increment generated in the 3rd quarter of FY 2014. Because the actual sales tax increment collected in the first two quarters of FY15 exceeded the City's projections, the City is also seeking the use of an estimated increase in sales tax increment generated in Fiscal Year 2015 in the amount of $1 ,475,000.00. As outlined in the Project Plan, the City purposefully limited its yearly request 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. At this time, the additional sales tax increment the City is seeking with this amendment would be unavailable to new applicants. Should the Board approve the City of Dubuque amendment, the board would have several million dollars remaining to allocate to other Cities who may approach the board for an increase in their Fiscal Year 2015 sales tax increment funding. The City of Dubuque respectfully requests $1 ,962,080 additional sales tax increment revenue from Fiscal Year 2014 and Fiscal Year 2015. Therefore amending Exhibit B (Amended #1) of funding Agreement 2013-0 to reflect the increased sales tax increment remittance schedule outlined in the attachment. Thank you in advance for your consideration. Sincerely, A�� 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, Senior Budget Analyst ATTACHMENT 1 PROPOSED AMENDMENT TO CITY OF DUBUQUE'S SALES TAX INCREMENT DISBURSEMENT SCHEDULE DUBUQUE DUBUQUE PROPOSED DUBUQUE YEAR APPROVED AMENDMENT INCREASE 2014 $ 395,704.00 $ 882,784.00 $ 487,080.00 2015 $ 2,655,058.00 $ 4,130,058.00 $ 1,475,000.00 2016 $ 3,476,709.00 $ 3,476,709.00 $ 2017 $ 4,316,027.00 $ 4,316,027.00 $ 2018 $ 5,173,389.00 $ 5,173,389.00 $ 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 $ 6,944,414.00 $ 2024 $ 6,968,288.00 $ 6,968,288.00 $ 2025 $ 6,946,514.00 $ 6,946,514.00 $ 2026 $ 6,957,577.00 $ 6,957,577.00 $ 2027 $ 6,947,487.00 $ 6,947,487.00 $ 2028 $ 6,947,500.00 $ 6,947,500.00 $ 2029 $ 6,500,000.00 $ 6,500,000.00 $ 2030 $ 6,000,000.00 $ 6,000,000.00 $ 2031 $ 2,935,823.00 $ 2,935,823.00 $ 2032 $ 1,500,000.00 $ 1,500,000.00 $ 2033 $ 1,500,000.00 $ 1,500,000.00 $ $ 98,494,178.00 $ 100,456,258.00 $ 1,962,080.00