Neighborhood Stabilization Program (NSP) Release of FundsTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Publication of Notice of Intent to Request Release of Funds for
Neighborhood Stabilization Program (NSP)
DATE: May 26, 2009
Housing and Community Development Department Director David Harris recommends
City Council approval of a Resolution authorizing the publication of a Notice of Intent to
Request Release of Funds for the Neighborhood Stabilization Program (NSP).
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
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MEMORANDUM
To: Mich a Van Milligen, City Manager
From: David arris, Housing and Community Development Department
Subject: Publication of Notice of Intent to Request Release of Funds for
Neighborhood Stabilization Program (NSP)
Date: May 19, 2009
Introduction
This memorandum transmits a proposed resolution authorizing the publication of a Notice of
Intent to Request Release of Funds for the Neighborhood Stabilization Program (NSP). A list of
the proposed projects is included in the attached resolution.
Background
On March 27, 2009 the City received notification from the Iowa Department of Economic
Development (IDED) of a $4.44,328 grant for the Neighborhood Stabilization Program (NSP).
The purpose of the grant is to provide emergency assistance to state and local governments to
purchase foreclosed or abandoned homes and to rehabilitate, resell or redevelop these homes
in order to stabilize neighborhoods and deter decline in valuation of neighboring housing.
The City of Dubuque must publish a notice of environmental review finding for projects to be
funded with NSP funds. This notice allows 7 days for citizen and public agency comments on the
environmental assessment of these programs. After that time, the City may file a Request for
Release of funds with the Iowa Department of Economic Development (IDED).
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 NSP funds.
Recommendation
Staff recommends that the City Council authorize publication of the Notice of Intent to Request
Release of Funds for Neighborhood Stabilization Program funds. 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 June 11, 2009 and will be taken into account before proceeding
with the request for release of funds.
Action Step
The action step is for the City Council to adopt the attached resolution.
Prepared by Aggie Tauke, Community Development Specialist
F:\USERSVITAUKE\ERR\Annual Em\NSP ERR Council Memo..doc
RESOLUTION NO. 170-2009 170-09
A RESOLUTION AUTHORIZING PUBLICATION F A NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR THE NEIGHBORHOOD
STABILZATION PROGRAM
Whereas, the City of Dubuque will enter into a Grant Agreement with the Iowa
Department of Economic Development for the Neighborhood Stabilization Program; 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 projects to be financed with Neighborhood Stabilization Program
funds; 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 projects to be funded
with Neighborhood Stabilization Program and to make the Environmental Review
Record for said projects available for public inspection and- comment until 5:00 p.m. on
June 11, 2009. Such notice shall be in the form of Exhibit "A" attached hereto and
made a part hereof.
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 Iowa Department of Economic 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 Iowa Department of
Economic 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 1St day of June, 209.
~h~~u~
Joyq " .Connors, Mayor Pro-Tem
Attest:
,!,~
eanne F. Schneider, CMC
City Clerk
F:\USERS\ATAUKE\ERR\NSP ERR res.doc
NT'ICE ®F' T'E1~1'I' T'® QITEST
12EL.EASE F FiTNI)S
Date of publication: June 4, 2009
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (NOI/RROF)
Notice is hereby given that on June 12, 2009 the City of Dubuque will submit to the Iowa Department
of Economic Development (IDED) a request and certification for the release of funds. The request and
certification relate to the application of the City of Dubuque for a grant of funds for the Neighborhood
Stabilization Program (NSP), as amended, for the purpose of undertaking the project(s) hereinafter _
described.
Purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon, in order to sell, rent or redevelop such homes and properties in Census Tracts
5 and 11.02 along the Central Avenue corridor north of 20th Street in the City of Dubuque,
Iowa.
The City of Dubuque has prepared an environmental review record respecting the above described
project for which the release of funds is being sought. The environmental review record is available at
the Housing and Community Development Department, 350 West 6th Street Suite 312, Dubuque, Iowa
between the hours of 8:00 am to 5:00 pm Monday thru Friday where the same may be examined by the
public and copies thereof obtained.
All interested agencies, groups and persons disagreeing with this decision are invited to submit written
comments for consideration by the City of Dubuque to the Housing and Community Development
Department, 350 West 6th Street, Suite 312, Dubuque Iowa 52001. Such written comments should be
received at the address specified on or before June 11, 2009. All such comments so received will be
considered and the City of Dubuque will not request the release of Neighborhood Stabilization
Program funds or take any administrative action on the project prior to the date specified in the
preceding sentence.
The recipient requesting release of funds for the above described project(s) is the City of Dubuque,
1305 Central Avenue, Dubuque, Iowa. The applicant's chief executive officer is Roy D. Buol, Mayor.
The City of Dubuque will undertake the project(s) described above with Neighborhood Stabilization
Program funds from IDED. The City of Dubuque is certifying to IDED that the City of Dubuque and
Roy D. Buol, in his official capacity as Mayor, consent 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; and that these responsibilities have been satisfied. The legal effect of the certification is
that upon its approval, the City of Dubuque may use the NSP funds, and IDED will have satisfied its
responsibilities under the National Environmental Policy Act of 1969. IDED will accept an objection
of its approval of the release of funds and acceptance of the certification only if it is on one of the
following bases: (a) the certification was not executed by the Certifying Officer; (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; 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
procedure (24 CFR Part 58) and maybe addressed to Benton Quade, Iowa Department of Economic
NSP Environmental Review Record -PAGE 9
Development, Division of Community Development, 200 East Grand Avenue, Des Moines, Iowa
50309. Objections to the release of funds on bases other than those stated above will not be considered
by IDED. Objections to the release of funds and the City of Dubuque's certification received by June
30, 2009 or a period of fifteen days from the receipt of the request (whichever is later) will be
considered by IDED.
June 1, 2009
Date
r ~ ~- ~
°~~ ~ - frRW. ie. €.,~,c-G Ma or Pro-Tem
Ivey - ; ~, City of Dubuque, Iowa
Mayor, City of Dubuque
F:\USERS\ATAUKE\ERR\NSP Env Review.IDED.doc
NSP Environmental Review Record -PAGE 10
QUEST F1212EI.,EASE F' FUN ~ CE TIFCATII~T
I~EIGII STA II~IZATIN PISG
(Pursuant to Section 104(g) of Title I, Housing and Cornrnunity Development Act of 1974, and Section 17(c)
of the U.S. Housing Act of 1937).
Recipient Name: City of Dubuque Contract Number: 08-NSP-019
Recipient Address: 1305 Central Avenue, Dubuque IA
For information on this request, contact (usually the grant administrator):
Contact Name: David Harris, Housing and Community Development Department
Contact Phone Number: 563-589-4239
PART 1. REQUEST FOR RELEASE OF FUNDS
The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of
grant conditions governing the use of the assistance for the following:
Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed
upon, in order to sell, rent or redevelop such homes and properties in Census Tracts 5 and 11.02
along the Central Avenue corridor north of 20th Street in the City of Dubuque, Iowa.
PART 2. ENVIl2ONIVIENTAL CERTIFICATION
With reference to the above Program Activity/Project, I, the undersigned officer of the recipient, certify that:
® The recipient has fully carried out its responsibilities for envi~°onmental review, decision-making and
action pertaining to this project Warned above.
® The recipient has complied with the National Environmental Policy Act of 1969, as amended, and with
the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR
58.5.
® The recipient has taken or will take into account the environmental criteria, standards, permit
requirements and other obligations applicable to the project or program activity under other Federal,
State and local laws that the recipient has the direct responsibility to comply with.
® 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
not require the preparation and dissemination of an environmental impact statement.
® The recipient has, prior to submitting this request for the release of funds and certification, published in
the manner prescribed by 24 CFR 58.43 a notice to the public in accordance with 24 CFR 58.70 and as
evidenced by the attached copy (copies).
® The dates upon which all statutory and regulatory time periods for review, comment or other action,
following the completion of the environmental review for the project/program activity, began and ended
as indicated below in compliance with the procedures and requirements of 24 CFR 58.
CDBG MANAGEMENT GUIDE -APPENDIX TWO -PAGE 11
How was SHPO Section 106 Compliance Completed? (mark one):
^ State Historical Preservation Office (SHPO) Concurrence letter: Date of letter:
(attach letter)
® Programmatic Memorandum of Understanding (PMOU): Project activity on list of Undertakings Not
Normally Requiring Consultation with SHPO. (attach Exempt from 5FIP0 Review, Project Determination Form)
^ USDA Lead Federal Agency for Section 106 Compliance (mark one):
^ Phased Review
^ SHPO Concurrence: Date of letter: (attach letter)
^ Exempt from SHPO review under USDA Programmatic Agreement (attach documentation)
^ Advisory Council on Historic Preservation (ACHP) Review
I Tribal Authority Comment Requested Date sent: I
(letters MUST be sent even if activity covered as part of PMOU)
Item
Publication Date:
Notice of Proposed
Project to be Located
in a Floodplain or Wetland
Local Comment Period:
(15 day comment period)
Commence
Expire
Publication Date:
Combined Notice: Finding of No Local Comment Period:
Significant Impact and Intent to (15 day comment period)
Request Release of Funds State Comment Period:
(15 day comment period)
Publication Date:
Notice of Intent to Request Local Comment Period: June 4, 2009 June 11, 2009
Release of Funds (7 day comment period)
(Use only for Categorically Excluded State Comment Period: June 15, 2009 June 30, 2009
Projects subject to related Federal (15 day comment period)
laws and Authorities)
As the duly designated certifying official of the recipient, I also certify that: I am authorized to and do consent to assume the status
of responsible 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 provision of these laws applies to the HUD responsibilities for environ-
mental review, decision-making and actions that have been assumed by the recipient. By so consenting, I have assumed the
responsibilities for the conduct of environmental review, decision-making and actions as to environmental issues, preparation and
circulation of draft, final and supplemental environmental impact statements, and lead agency or cooperating agency responsibilities
for preparation of such statements on behalf of federal agencies including HUD, when these agencies consent to such assumptions. I
am authorized to and do accept, on behalf of the recipient and personally, the jurisdiction of the federal courts for the enforcement of
all these responsibilities, in my capacity ~~ certifying officer of the recipient.
``~
e P
~` ; ~-~:~~ °~ ~..wt i ~,l ~` ~ Mavor Pro-T.em
~o~~>~ I,-~ayu~; City of Dubuque, Iowa
Signature al~fd Title of the Certifying Officer of Applicant
YT'ARNING: Section 1001 of Title 18 of the United States Code and the Criminal Procedure shall apply to this certification. Title 18
provides, among other things, that whoever knowingly makes or uses a document or writing containing any false, fictitious, or
fraudulent statement or entzy, in any manner within the jurisdiction of any department or agency of the United States, shall be ftned
not more than$10,000 or imprisoned not more than five years or both.NOTE: When submitting this form to IDED, be
sure it includes an original signature of the certifying officer and is accompanied by the certificate of publication for or
copy of the environmental notice.
CDBG MANAGEMENT GUIDE -APPENDIX TWO -PAGE 12