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CDBG Funds - HUD letterU.S. Department of Housing and Urban Development Nebraska State Office Executive Tower Centre 10909 Mill Valley Road Omaha, Nebraska 68154-3955 May 2, 2001 Honorable Terrence M. DUggan Mayor City Hal 50 West 13m Street Dubuque, IA 52201-4864 Dear Mayor Duggan: On May 2, 2001, we verified the balance of Community Development Block Grant (CDBG) funds remaining in the Line-of-Credit for the City of Dubuque. The funds available for all grant years totaled $2,540,554.11. The Code of Federal Regulations, Title 24, Part 570.902 states "Before the funding of the next annual grant and absent contrary evidence satisfactory to HUD, HUD will consider an entitlement recipient to be failing to carry out its CDBG activities in a timely manner if: sixty days prior to the end of the grantee's current program year, the amount of entitlement grant funds available to the recipient under grant agreements but undisbursed by the U.S. Treasury is more than 1.5 times the entitlement grant amount for its current program year; and the grantee fails to demonstrate to HUD's satisfaction that the lack of timeliness has resulted from factors beyond the grantee's reasonable control." Since 1.5 times Dubuque's current program year is $2,161,500 and the balance of $2,540,554.11 falls outside the threshold, we are asking that the city provide at this tune the reasons for its failure to carry out activities in a timely manner. Upon receipt of the city's response, we will determine if the lack of timeliness resuked from factors beyond the city's control, and if not, what corrective action should be taken. Please provide the city's response within 15 days from the date of this letter. Include in your response any actions that the city will take which would reduce the amount of unexpended funds such that it will be at or below the 1.5 threshold by May 1, 2002, the amount of funds on hand that is currently obligated by the city or any of its subreciPients for specific activities; and any other relevant information. 2 If you have any questions in this regard, please contact Mr. Barry Linstrom, Public Trust Specialist, at 402/492-3161. Sincerely, Gregory A. Bevirt Community Planning and Development Division cc: David Harris 15 May 01 Greg Bevirt, Director Community Planning & Development Division Nebraska State Office Dept of Housing & Urban Development 10909 Old Mill Valley Road Omaha NE 68154 Re: Status of CDBG funds balance - City of Dubuque Greg: Thanks for your letter dated 2 May regarding our CDBG funds timely expenditure issue. This letter responds to your requests for additional information. 1. Planned actions to reduce unexpended funds The first action planned is to purchase the former Star Brewery, as part of the Citys efforts  toward $180 million in riverfront improvements now underway. The City Council has authorized expenditure of $245 000 for this purchase, using Community Development Block Grant funds. The City has initiated condemnation proceedings, in order to take ownership of this property and direct its future use. The condemnation action is expected to be concluded by the end of June. We expect to disburse the $245 000 by that date. The second expenditure concerns the renovation of the Iowa Inn, the former YMCA planned for conversion to affordable senior apartments. This project received a $2.3 million award of housing tax credits, from IFA, and is ready to commence construction. We expect to close a $165 000 CDBG loan to MetroPlains Development, of St Paul, by the end of May, with expenditure of the full amount no later than the end of June. These two expenditures, totaling $410 000, should reduce our available balance to within compliance with requirements at 24 CFR Part 570. Additional planned expenditures include major renovations at two neighborhood parks, with CDBG funds to be expended in the amount of $147 000. These parks are planned for completion by 15 July. 2. Amount of funds on hand obligated for specific activities A total of $123 898 is currently obligated, as follows: Community Partnership Program $ 44 074 Senior Center 4 166 Neighborhood recreation program 62 548 Family Self-Sufficiency program 8 535 Project Concern 3 700 Washington Tool Library 875 Total $123 898 . 3. Reasons for failure to attain spend-down requirements The primary reason for the timely expenditures failure concerns unanticipated revenues. Three major loans were repaid during the past twelve months; none of these was anticipated. These included: Farmland Foods $ 968 010 Cooper Wagon Works 263 239 Iowa Inn 245 000 Total $1 476 249 Additionally, a primary reason for this situation was problems experienced with the Eagle Window Company. The City made a $500 000 loan to this company in July 2000, to assist with costs of construction of its new building in Dubuque. The new production facility opened in April and Eagle continues to function profitably. However, Eagles parent company - American  Architectural - declared bankruptcy subsequent to the City Councils approval of the loan and put  Eagle up for sale. Until a sale is finalized, we are waiting to disburse the $500 000 loan. No timetable has been established for that date. We expect to conduct a thorough review of our program in the coming months, particularly in regard to progress on spend-down of obligated funds and projections of unscheduled repayments. I will keep your office informed of any irregularities. It is my expectation that we will quickly be performing within compliance requirements and that this issue will not need to be addressed again in the coming fiscal year. Please contact me if I may provide you any additional information. Sincerely David Harris Department Director cc: Mike Van Milligen, City Manager Housing Services Department 1805 Central Avenue Dubuque, Iowa 52001-3656 (319) 589-4244 FAX (319) 5894239 15MayO1 Greg Bevirt, Director Community Planning & Development Division Nebraska State Office Dept of Housing & Urban Development 10909 Old Mill Valley Road Omaha NE 68154 Re: Status of CDBG funds b~lance - City of Dubuque Greg: Thanks for your letter dated 2 May regarding our CDBG funds timely expenditure issue. This letter responds to your requests for additional information. 1. Planned actions to reduce unexpended funds The first action planned is to purchase the former Star Brewery, as part of the City's efforts toward $180 million in riverfront improvements now underway. The City Council has authorized expenditure of $245 000 for this purchase, using Community Development Block Grant funds. The City has initiated condemnation proceedings, in order to take ownership of this property and direct its future use. The condemnation action is expected to be concluded by the end of June. We expect to disburse the $245 000 by that date. The second expenditure co_ncems the renovation of the Iowa Inn, the former YMCA planned for conversion to affordable senior apartments. This project received a $2.3 million award of housing tax credits, from IFA, and is ready to commence construction. We expect to close a $165 000 CDBG.loan to MetroPlains Development, of St Paul, by the end of May. with expenditure of the full mount no later than the end of Jane. These two expenditures, totaling $4 I0 000, should reduce our available balance to within compliance with requirements at 24 CFR Part 570. Additional planned expenditures include major renovations m two neighborhood parks, with CDBG funds to be expended in the amount of $147 000. These parks are planned for completion by 15 July. Service People Integrity Responsibility Innovation Teamwork 2. Amount of funds on hand obligated for specie activities A total of $123 898 is currently obligated, as follows: Community Partnership Program $ 44 074 Senior Center 4 166 Neighborhood recreation program 62 548 Family Self-Sufficiency program 8 535 Project Concern 3 700 Washington Tool Library 875 Total $123 898 3. Reasons for failure to attain spend-down requirements The primary reason for the timely expenditures failure concerns unamicipated revenues. Three major loans were repaid during the past twelve months; none of these was anticipated; These included: Farmland Foods $ 968010 Cooper Wagon Works 263 239 Iowa Inn 245 000 Total $1 476 249 Additionally, a primary reason for this situation was problems experienced with the Eagle Window Company. The City made a $500 000 loan to th~ company in Jllly 2000, to assist with costs of construction of its new building in Dubuque. The new production fac~flity opened in Apr~ and Eagle continues to function profitably. However, Eagle's parent company - American Architectural - declared bankruptcy subsequent to the City Council's approval of the loan and put Eagle up for sale. Until a sale is fl~ali?ed, we are waiting to disburse the $500 000 loar~ !'4o timetable has been established for that date. We expect to conduct a thorough review of our program in the com~g months, particularly in regard to progress on spend-down of obligated funds and projections ofunscbeduled repayments. I will keep your office informed of any irregularities. It is my expectation that we will quickly be performing within compliance requirements and that this issue vo]l not need to be addressed again in the com~g fiscal year. Please contact me ifI may provide you any additioaal information~ ~x~mcerely David HanSs Department Director cc: Mike Van Mitligen, City Manager