CDBG Fiscal Year 2010 Request to Release FundsTO: The Honorable Mayor and City Council Members
F®M: Michael C. Van Milligen, City Manager
SUBJECT: Publication of Notice of Intent to Request Release of Funds for FY 2010
Community Development Block Grant (CDBG) Programs
®ATE: April 14, 2009
Housing and Community Development Department Director David Harris is
recommending approval of a resolution authorizing the publication of a Notice of Intent
to Request Release of Funds for the proposed projects approved in the Fiscal Year
2010 (Program Year 2009) Annual Action Plan for Community Development Block
Grant activities.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~'
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
Subject: Publication of Notice of Intent to Request Release of Funds for
FY 2010 Community Development Block Grant (CDBG) Programs
Date: April 17, 2009
Intr®ducfion
This memorandum transmits a proposed resolution authorizing the publication of a
Notice of Intent to Request Release of Funds for the proposed projects approved in the
FY 2010 (Program Year 2009) Annual Action Plan for Community Development Block
Grant (CDBG) activities. A list of the proposed projects is included in the attached
resolution.
Background
As required by the Community Development Act of 1974, as amended, the City of
Dubuque must publish an environmental review finding for projects to be funded in the
Community Development Block Grant Program. This notice allows seven days for
citizen comments on the environmental impact of these programs. After that time, the
City may file a Request for Release of Community Development Block Grant Funds
with the U.S. Department of Housing and Urban Development (HUD).
Discussion
Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has
carried out its responsibilities according to HUD regulations. The approval of the
attached resolution and the publication of its accompanying public notice are required
procedural. steps for securing the release of Community Development Block Grant
funds.
Recommendation
Staff recommends that the City Council authorize publication of the Notice of Intent to
Request Release of Funds for Community Development Block Grant activit ies. Copies
of the environmental review record will be made available to the public and interested
agencies. Public comment will be accepted until 5:00 p.m. on May 4, 2009 and will be
taken into account before proceeding with the request for release of funds.
,fiction Step
The action step is for the City Council to adopt the attached resolution.
Prepared by Aggie Tauke, Community Development Specialist
F:\UsersWTAUKE\ERR\Annual Err\ERRmem.doc
RESOLUTION NO. 127-09
A RESOLUTION AUTHORIZING PUBLICATI®N OF A NOTICE OF INT NT TO
REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY
DEVELOPMENT LOCK GRANT PROJECTS FOR FISCAL YEAR 2010
(PROGRAM YEAR 2009)
Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal
Year commencing July 1, 2009, with the U.S. Department of Housing and Urban
Development, providing for financial assistance to the City under Title I of the Housing
and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S.
Department of.Housing and Urban Development, an environmental review has been
processed for the hereinafter listed projects to be financed with Community
Development Block Grant funds; and
Whereas, a notice of "Intent to Request Release of Funds" for said
projects will be sent by regular mail to various tribal, federal, state and local public
agencies; to the appropriate Regional Office of the Environmental Protection Agency, to
the HUD Field Office and to the local news media, individuals and groups known to be
interested and believed to be appropriate to receive such a notice; and
Whereas, any and all comments received as a result of such notice will be duly
considered before proceeding with a Request for Release of Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby authorized and directed to
publish a Notice of Intent to Request Release of Funds for the following identified
projects and to make the Environmental Review Record for said projects available for
public inspection and comment until 5:00 p.m. on May 4, 2009. Such notice shall be in
the form of Exhibit "A" attached hereto and made a part hereof.
Community Development Block Grant Annual Plan Projects
Fiscal Year 2010 (Program Year 2009)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program;
Sewer Connection Loan); Housing Administration Services and Staff; Housing Code
Enforcement; Housing Rehabilitation Services and Staff; Lead Paint Hazard Abatement
Project; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program;
Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single Room
Occupancy Rehab);
Economic Development Programs: Commercial Industrial Building Rehab and
Revolving Loan Fund; Economic Development Financial Assistance Program and
Revolving Loan Fund
Neighborhood and Community Development Programs: Accessible Curb
Ramps; Child Care Resource and Referral; Dubuque Dispute Resolution Center;
Information and Referral Service; Leadership Training; Neighborhood Development
Services and Staff; Neighborhood Support Grants; Neighborhood Infrastructure
Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program;
Neighborhood Step/V1/all Repair); Neighborhood Recreation Program; Neighborhood
Support Grants; Opening Doors; Senior Center; Washington Tool Library; Zoning
Inspection/ Enforcement
Planning and Administration: CDBG Administration Services and Staff; Finance
Services and Staff; City Planning
No funds will be committed prior to completion of a review for other related laws
of 24 CFR 58.5, including Section 106, for site-specific projects that are currently
unidentified.
Section 2. That the environmental review record for each of the projects shall be
placed on file in the Office of the Housing and Community Development Department,
350 West 6t" Street, Suite 312, Dubuque Iowa where said record may be examined and
copied by any interested party.
Section 3. That the Mayor of the City of Dubuque is hereby authorized and
directed to submit to the U.S. Department of Housing and Urban Development seven
(7) days after publication of appropriate notice a Request for Release of Funds to
undertake the said projects.
Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent
to assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and
action assumed and carried out by the City of Dubuque as to environmental issues.
Section 5. That the Mayor of the City of Dubuque is hereby authorized to
consent personally, in his official capacity and on behalf of the City of Dubuque, to
accept the jurisdiction of the federal courts if an action is brought to enforce
responsibilities in relation to environmental review, decision-making and action.
Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized
and directed to execute a Request for Release of Funds and Certification.
Passed, approved and adopted this 20th day of April , 2009
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Exhibit A
April 24, 2009
N®TICE ®F' INTENT T® QiJEST I~EI.EASE ®F F'UNI)S
Housing and Community Development
350 West 6t" Street Suite 312
Dubuque Iowa 52001
563=589-4239
On or about May 5, 2009 the City of Dubuque will submit a request to the U.S.
Department of Housing and Urban Development for the release of Community
Development Block Grant funds under Title 1 of the Housing and Community
Development Act of 1974, as amended, to undertake the following projects:
Community Development Block Grant Annual Plan Projects
Fiscal Year 2010 (Program Year 2009)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer
Connection Loan); Housing Administration Services and Staff; Housing Code Enforcement;
Housing Rehabilitation Services and Staff; Lead Paint Hazard Abatement Project; Rental Unit
Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab
Loan Program; Accessibility Rehab; Single Room Occupancy Rehab);
Economic Development Programs: Commercial Industrial Building Rehab and Revolving
Loan Fund; Economic Development Financial Assistance Program and Revolving Loan Fund
Neighborhood and Community Development Programs: Accessible Curb Ramps; Child
Care Resource and Referral; Dubuque Dispute Resolution Center; Information and Referral
Service; Leadership Training; Neighborhood Development Services and Staff; Neighborhood
Support Grants; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays;
Neighborhood Sidewalk Program; Neighborhood Step/UVall Repair); Neighborhood Recreation
Program; Neighborhood Support Grants; Opening Doors; Senior Center; Washington Tool
Library; Zoning Inspection/ Enforcement
Planning and Administration: CDBG Administration Services and Staff; Finance Services and
Staff; City Planning
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required, for site-specific projects that are currently
unidentified.
The activities proposed are exempt or categorically excluded under HUD regulations at
24 CDF Part 58 from National Environmental Policy Act requirements. An
Environmental Review Record (ERR) that documents the environmental determinations
for this project is on file at Housing and Community Development, 350 West 6th Street
Suite 312, Dubuque, Iowa and may be examined from 8 A.M. to 5 P.M.
PUBLIC COMMENTS
Any individual, group or agency may submit written comments on the ERR to the
Housing and Community Development Department, 350 West 6th Street Suite 312,
Dubuque, Iowa 52001. All comments received by 5:00 pm on Monday May 4, 2009 will
be considered by the City of Dubuque prior to authorizing submission of a request for
release of funds.
RELEASE OF FUNDS
The City of Dubuque certifies to the U.S. Department of Housing and Urban
Development that Roy D. Buol in his capacity as Mayor consents to accept the
jurisdiction of the Federal courts if an action is brought to enforce responsibilities in
relation to the environmental review process and that these responsibilities have been
satisfied. HUD's approval of the certification satisfies its responsibilities under NEPA
and related laws and authorities, and allows the City of Dubuque to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and the City of Dubuque's certification
for a period of fifteen days following the anticipated submission date or its actual receipt
of the request (whichever is later) only if they are on one of the following bases: (a) the
certification was not executed by the Certifying Officer of the City of Dubuque; (b) the
City of Dubuque has omitted a step or failed to make a decision or finding required by
HUD regulations at 24 CFR Part 58; (c) the grant recipient has committed funds or
incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds
by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has
submitted a written finding that the project is unsatisfactory from the standpoint of
environmental quality. Objections must be prepared and submitted in accordance with
the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to U.S.
Department of Housing and Urban Development (HUD), Omaha Area Office, Edward
Zorinsky Federal Building, Suite 329, 1616 Capitol Avenue, Omaha, Nebraska 68102-
4908. Potential objectors should contact HUD to verify the actual last day of the
objection period.
Roy D. Buol, Mayor
F:\USERS\ATAUKE\ERR\Annual Err\NOIRROF HUD.Exh A.doc
u ~t r I
undo and
rtiicatin
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
OMB No. 2506-0087
(exp. 3/31 /2011)
This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release
of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the
assumption of the environmental review responsibility by units of general local government and States. Public reporting
burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless that collection displays a valid OMB control number.
Previous editions are obsolete Page 1 Of 3 form HUD-7015.15 (1/99)
Part 1. Program Description and Request for Release of Funds (to be completed b Responsible Entit )
1. Program Title(s) 2. HUD/State Identification Number 3. Recipient Identification
Community Development Block Grant B-09-MC-19-0004 Number (optional)
(CDBG) 42-6004596
4. OMB Catalog Number(s) 5. Name and address of responsible entity
City of Dubuque
50 West 13th Street
6. For information about this request, contact (name Dubuque IA 52001-4864
& phone number)
Aggie Tauke, Community Development Specialist
563-589-4212
7. Name and address of recipient (if different than responsible
entity)
8. HUD or State Agency and office unit to receive
request
HUD Omaha Area Office, Edward Zorinsky Federal
Building, Suite 329, 1616 Capitol Avenue, Omaha NE
68102-4908
The recipient(s) of assistance under the program(s) listed above requests the release of
funds and removal of environmental grant conditions governing the use of the assistance
for the following
9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, State)
Annual Action Plan for Community City of Dubuque, Dubuque County, Dubuque,
Development Block Grant (CDBG) IA
program for Fiscal Year 2010
(Pro ram Year 2009)
11. Program Activity/Project Description
Community Development Block Grant Annual Plan Projects
Fiscal Year 2010 (Program Year 2009)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program;
Sewer Connection Loan); Housing Administration Services and Staff; Housing Code
Enforcement; Housing Rehabilitation Services and Staff; Lead Paint Hazard Abatement
Project; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program;
Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single Room
Occupancy Rehab);
Economic Development Programs: Commercial Industrial Building Rehab and
Revolving Loan Fund; Economic Development Financial Assistance Program and
Revolving Loan Fund
Neighborhood and Community Development Programs: Accessible Curb Ramps; Child
Care Resource and Referral; Dubuque Dispute Resolution Center; Information and
Referral Service; Leadership Training; Neighborhood Development Services and Staff;
Neighborhood Support Grants; Neighborhood Infrastructure Improvements
(Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood
Step/Wall Repair); Neighborhood Recreation Program; Neighborhood Support Grants;
Opening Doors; Senior Center; Washington Tool Library; Zoning Inspection/
Enforcement
Planning and Administration: CDBG Administration Services and Staff; Finance
Services and Staff; Cit Plannin
Part 2. Environmental Certification (to be completed by responsible entity)
Previous editions are obsolete Page 2 Of 3 form HUD-7015.15 (1/99)
With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify
that:
1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action
pertaining to the project(s) named above.
2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the
National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements
and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR
58.6 and applicable State and local laws.
3. After considering the type and degree of environmental effects identified by the environmental review completed for
the proposed project described in Part 1 of this request, I have found that the proposal did did not require the
preparation and dissemination of an environmental impact statement.
4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a
notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of
posting and mailing procedure.
5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with
procedures and requirements of 24 CFR Part 58.
6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible
entity) of any special environmental conditions that must be adhered to in carrying out the project.
As the duly designated certifying official of the responsible entity, I also certify that:
7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy
Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the
provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that
have been assumed by the responsible entity.
8. 1 am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for
the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity.
Signature of Certifying Officer of the Responsible Entity Title of Certifying Officer
Roy D. Buol, Mayor, City of Dubuque
Date signed
May 5, 2009
Address of Certifying Officer
City Hall, 50 West 13`h Street, Dubuque, IA 52001
Part 3. To be completed when the Recipient is not the Responsible Entity
The recipient requests the release of funds for the programs and activities identified in Part 1 and
agrees to abide by the special conditions, procedures and requirements of the environmental
review and to advise the responsible entity of any proposed change in the scope of the project or
an change in environmental conditions in accordance with 24 CFR 58.71 b .
Signature of Authorized Officer of the Recipient Title of Authorized Officer
Date signed
Warning: HUD will prosecxate false darns and statemer>ts. Conviction may result in criminal arxVordvil penalties. (18 U.S.C.1001,1010,1012; 31
U.S.C. 3729, 3802)
Previous editions are obsolete Page 3 Of 3 form HUD-7015.15 (1/99)