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Fiscal Year 2010 Annual Action Plan Amendment #2THE CITY OF Du13 Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager FY2010 Annual Action Plan - Amendment 2 January 11, 2010 Dubuque ketri AMlmedcaCily 2007 Housing and Community Development Director David Harris is recommending approval of an amendment to the Fiscal Year 2010 Annual Action Plan — Amendment 2 for the City's Community Development Block Grant Program. This amendment provides for an amendment to the FY2009 and FY2010 Annual Action Plans by reallocating funds from the prior FY2009 Annual Plan into the FY2010 Annual Plan and reprogramming funds for existing and new projects. The existing FY2010 Annual Plan allocated $1,712,782 for approved programs and activities. The CDBG balance as of June 30, 2009 as per the CAPER report was $1,015,499, creating a total of $2,850,291 of CDBG funds. In addition, the proposed amendment will carry forward the Homelessness Prevention and Rapids Re- housing Program (HPRP) funds of $502,294 and $328,269 of Community Development Block Grant Recovery (CDBG -R) funds. The proposed Amendment 2 incorporates obligated funds and remaining FY 2009 funds into the FY 2010 Annual Action Plan. In addition, the following changes are being proposed to the FY 2010 Annual Plan. The Green Alley Pilot Project used CDBG- Recovery funds for reconstruction of two existing alleys from 11 Street to 13 Street between White Street and Jackson Street. The FY 2009 plan proposed $246,202 for the project but it was recently completed for $199,967. The amendment proposes $95,475 for the reconstruction of another alley from 15 to 16 Streets between Elm Street and Washington Street, an area where CDBG funds were used to rehab nine properties. The amendment also proposes to increase CDBG funding by $49,240 for Homeowner Rehabilitation ($432,428). In addition, the amendment would increase CDBG funding by $45,686 for the First Time Homeowner ($153,136) to facilitate increased loans to first time homeowners in the Washington Neighborhood. The narrative for the FY2010 Plan would also be amended to remove the $5000 loan limit as shown on Exhibit B for down - payment assistance, which will increase to $15,000. concur with the recommendation and respectfully request Mayor and City Council approval. eI C. V Mich an Milligen MCVM:lw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing & Community Development Director Masterpiece on the Mississippi To: Michael Milligen, City Manager From: David Harr , Housing and Community Development Subject: FY 2010 Annual Action Plan- Amendment 2 Date: January 7, 2010 CDBG Entitlement FY 2010 1,236,260 Projected Program Income 451,330 ED Revolving Loan Funds 25,192 Prior Year CDBG Balance 1,015,499 FY 08 Lump Sum Balance 122.011 Available CDBG Funds 2,850,291 HPRP 502,294 CDBG- R 328,269 Dubuque AIWAewkalky I 2007 200/ INTRODUCTION The purpose of this memorandum is to request the City Council's approval of the attached resolution approving FY 2010 Annual Action Plan- Amendment 2. This amendment provides for an amendment to the FY 2009 and FY 2010 Annual Action Plans by reallocating funds from the prior FY 2009 Annual Plan into the FY 2010 Annual Plan and reprogramming funds for existing and new projects. BACKGROUND Housing and Urban Development (HUD) regulations require that each year a city must prepare and file an Annual Plan prior to receipt of its CDBG entitlement. The Annual Plan is adopted following a public participation process that includes a published notice, a public comment period, and a public hearing. A city must follow its adopted plan as it expends entitlement funds. If its revenues or activities change, the city must amend. This requirement applies to plans for previous years as well as the current year. DISCUSSION Attached is a summary of the funds available for reprogramming. The existing FY 2010 Annual Plan allocated $1,712,782 for approved programs and activities. The CDBG balance as of June 30, 2009 as per the CAPER report was $1,015,499, creating a total of $2,850,291 of CDBG funds. In addition, the proposed amendment will carry forward the Homelessness Prevention and Rapid Re- Housing Program (HPRP) funds of $502,294 and $328,269 of Community Development Block Grant Recovery (CDBG -R) funds. PROPOSED AMENDMENT The attached summary shows the reallocation of these federal funds. The proposed Amendment 2 incorporates obligated funds and remaining FY 2009 funds into the FY 2010 Annual Action Plan. In addition, the following changes are being proposed to the FY 2010 Annual Plan. The Green AIIey Pilot Project used CDBG- Recovery funds for reconstruction of two existing alleys from 11 Street to 13 Street between White Street and Jackson Street. The FY 2009 plan proposed $246,202 for the project but it was recently completed for $199,967. Since CDBG -R funds cannot be co- mingled with existing CDBG projects, the attached amendment therefore proposes to move the $49,240 in CDBG - Recovery funds from Homeowner Rehabilitation (0) to Green AIIey Pilot Project ($295,442). This will provide $95,475 for the reconstruction of another alley from 15 to 16 Streets between Elm Street and Washington Street, an area where CDBG funds were used to rehab nine properties. The amendment also proposes to increase CDBG funding by $49,240 for Homeowner Rehabilitation ($432,428). In addition, the attached amendment would increase CDBG funding by $45,686 for the First Time Homeowner ($153,136) to facilitate increased loans to first time homeowners in the Washington Neighborhood. The narrative for the FY2010 Plan would also be amended to remove the $5000 loan limit as shown on Exhibit B for down - payment assistance, which will increase to $15,000. Public notices regarding the proposed changes were published in the Telegraph Herald, Dubuque Advertiser, and on the City of Dubuque website. These notices advised the public of the intent of the amendments and invited comment at or before the public hearing. This initiated the 30 -day public comment period as required in the Citizen Participation Plan. At the public hearing, staff reviewed the Green AIIey Pilot project at the public's request. The Commission voted to approve the amendment and forward to the City Council. RECOMMENDATION It is recommended that the City Council approve the FY 2010 Annual Action Plan - Amendment 2 as shown in Exhibits A and B for the use of Community Development Block Grant funds. These changes will allow CDBG funds to be used to meet citizens' needs and facilitate the timely expenditure of funds as required by HUD. ACTION STEP The action requested of the City Council is to approve the Mayor's execution of the attached resolution, approving an FY 2010 Annual Action Plan- Amendment 2. Prepared by Aggie Tauke, Community Development Specialist F:\ USERS\ATAUKE \CDBG\AnnualPlan\Fy 2010 \Council FY 10 Amend2. memo.doc RESOLUTION NO. 9 -2010 (9-10) RESOLUTION APPROVING AN FISCAL YEAR 2010 (PROGRAM YEAR 2009) ANNUAL ACTION PLAN - AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOMELESSNESSS PREVENTION AND RAPID RE- HOUSING (HPRP) AND COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG -R) FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2009 and 2010; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended FY 2010 Annual Plan as per the attached Exhibit A; and Whereas, the City of Dubuque now proposes to amend the First Time Homebuyer program to remove the loan limit as per the attached Exhibit B; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a 30 day public comment period beginning December 1 2009; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on January 6, 2010, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2009 and 2010 are hereby rescinded and the balance of funds from these plans are incorporated into a Fiscal Year 2010 (Program Year 2009) Annual Action Plan- Amendment 2, attached hereto as Exhibit A. Section 2. That the First Time Homeowner program is hereby amended as per Exhibit B. Section 3. That said Fiscal Year 2010 (Program Year 2009) Annual Action Plan - Amendment 2 attached hereto as Exhibit A and Exhibit B is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and Plan to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 19 day of January, 2010. Attest: Jeanne F. Schneider, City Clerk David T. Resnick, Mayor Pro -Tem Housing Programs FY2010 Annual Plan FY 2010 Amendment 2 CDBG HPRP CDBG -R First Time Homebuyer Program 70,000 153,136 Historic Preservation Rehab Grant 19,467 39,384 Homeowner Rehab Progarm 225,000 432,428 - Housing Administration 61,769 61,769 Housing Code Enforcement 153,267 154,526 Housing Rehabilitation Services and Staff 319,437 337,770 Housing Trust 69,723 Lead Paint Hazard Abatement Project 60,000 118,161 Purchase /Rehab /Resale DREAMS 69,958 Rental Unit Rehabilitation 40,000 103,159 Housing Totals 948,940 1,540,014 Economic Development Programs: - Commercial/Industrial Building Rehab Loans 99,080 E.D. Financial Assistance Program- 72,535 72,535 Economic Development Totals 72,535 171,615 Neighborhood /Commmunity Development Programs - Accessible Curb Ramps 30,000 64,553 Child Care Resource /Referral- Project Concern 9,098 9,856 Community Partnership Program (CP2)* 12,125 Dubuque Dispute Resolution Center 1,000 1,000 Green Alley Pilot Project- Washington Neighborhood - 295,442 Information & Referral - Project Concern 25,821 27,973 Leadership Training - Multicultural Center 76,540 445,511 Neighborhood Development Services and Staff 89,479 89,479 Neighborhood Infrastructure Improvements 40,000 45,946 Neighborhood Recreation Program 140,561 145,551 Neighborhood Support Grants 24,000 37,663 Opening Doors 10,000 10,000 Senior Center 25,000 29,197 Washington Tool Library 15,500 15,500 Zoning Inspection /Enforcement 13,000 13,000 Neighborhood & Community Development Totals 499,999 947,354 Planning & Administration Programs: - CDBG Admin. Services and Staff 137,459 137,459 32,827 Finance 4,671 4,671 City Planning Services and Staff - City Planning 49,178 49,178 Planning and Administration Totals 191,308 191,308 CONTINGENCY BALANCE TO ALLOCATE Homelessness Prevention and Rapid Re- Housing Program (HPRP) 502,294 Year -to -Date Expenditures and Budget Balances 1,712,782 2,850,291 502,294 328,269 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2010 ACTION PLAN AMENDMENT 2 Exhibit A F: \USERS\ATAUKE \CCBGWnnualPlan\Fy 2010 \(Fy10 Amd 2.xls]FY10Amd2 PROJECTED SOURCES Amend FY10 CDBG Entitlement 1,236,260 Projected Program Income 451,330 ED Revolving Loan Funds 25.192 Subtotal Prior Year CDBG Balance 1,157,000 Payroll liability (16,842) Lump Sum Balance 122,011 City Balance (124.659) Subtotal Available CDBG Funds Available CDBG Recovery Funds Available HPRP Funds 1,712,782 1.137.509 2,850,291 328,269 502,294 EXHIBIT A THE CDBG -R SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Dubuque, Iowa Jurisdiction Web Address: www.cityofdubuque.org • (URL where CDBG -R Substantial Amendment materials are posted) CDBG -R Contact Person: David Harris Address: 350 West 6 Street, Suite 312, Dubuque, Iowa 52001 Telephone: 563-589-4239 Fax: 563- 690 -6692 Email: dharris @cityofdubuque.org ENSURING RESPONSIBLE SPENDING OFRECOVERYACT FUNDS Funding available under the Recovery Act has clear purposes — to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBG- R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG -R funding. A. SPREADSHEET FOR REPORTING PROPOSED CDBG -R ACTIVITIES Grantees must provide information concerning CDBG -R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG -R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD's recovery website at http: / /www.hud.gov /recovery. 1 B.1 CD B G- R INFORMATION BY ACTIVITY (CO MPL E T E FOR EACH ACTIVITY) 1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG -R Activities — this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) Green Alley Pilot Project 2) Activity Narrative: In addition to the Spreadsheet for Reporting Proposed CDBG -R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG -R funds will meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG -R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG -R funds obligated, and will address the Recovery Act, by: Response: • Preserving and creating jobs and promoting economic recovery; • Assisting those most impacted by the recession; • Providing investment needed to increase economic efficiency; • Investing in transportation, environmental protection, or other infrastructure that will provide long -term economic benefits; • Minimizing or avoiding reductions in essential services; or • Fostering energy independence. Green Alley Pilot Project: This project will involve the reconstruction of two existing asphalt alleys from 11 Street to 13 Street between White Street and Jackson Street in the Washington Neighborhood, a low- and - moderate income area as defined by census data. Since this is a pilot project, two different pervious pavement surfaces will be constructed to help in evaluating suitable pavement types for future alley reconstruction projects. The engineering has been completed, with project bids to be received in early June, a contract awarded June 15, 2009 and project completed in August, 2009. The $246,202 will provide that over 50 percent of the CDBG -R funds will be for activities that can be initiated by June 17, 2009. The project will create job opportunities for the construction trades and address a sector that has been negatively impacted by the recession. Amendment 2009: The Green Alley Pilot Project used CDBG- Recovery funds for reconstruction of two existing alleys from 11 Street to 13 Street between White Street and Jackson Street, which was recently completed for $199,967. The amendment therefore proposes to move the $49,240 in CDBG - Recovery funds from Homeowner Rehabilitation (0) to Green Alley Pilot Project ($295,442). This will provide $95,475 for the reconstruction of another alley from 15 to 16 Streets between Elm Street and Washington Street. 2 3) Jobs Created: (Report the number of full- and part -time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). Green Alley Pilot Project should create 4 full time jobs. Amendment 2009: The addition of another alley will create or retain 3 full time additional jobs. 4. Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) The Green Alley Pilot Project will reconstruct alleys that are in poor condition with pavement surfaces will allow rainfall from low- intensity storms to pass through the pavement structure. This will recharge the water table and minimize storm water runoff. 5. Responsible Organization: (Contact information for the organization that will implement the CDBG -R activity, including its name, location, and administrator contact information) Jon Dienst Civil Engineer City Hall, 50 West 13 Street Dubuque IA 52001 Phone: 563 -589 -4270 Email: idienst @cityofdubuque.org B.2 CDBG-R INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) 1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG -R Activities — this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) Amendment 2009: The Homeowner Rehabilitation Activity will be deleted and funding moved to the Green Alley Pilot Project. B.3 CDBG -R INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) 1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG -R Activities — this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) CDBG administration 2) Activity Narrative: In addition to the Spreadsheet for Reporting Proposed CDBG -R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG -R funds will 3 meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG -R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG -R funds obligated, and will address the Recovery Act, by: • Preserving and creating jobs and promoting economic recovery; • Assisting those most impacted by the recession; • Providing investment needed to increase economic efficiency; • Investing in transportation, environmental protection, or other infrastructure that will provide long -term economic benefits; • Minimizing or avoiding reductions in essential services; or • Fostering energy independence. Response: - CDBG administration: Oversight and coordination of the Community Development Block Grant- Recovery program to assure compliance with federal regulations and reporting requirements. This meets the allowed 10 % grant amount for administration. 3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). CDBG administration: No new jobs will be created since current staff wills administrator the CDBG -R funds. 4) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) Not Applicable 5) Responsible Organization: (Contact information for the organization that will implement the CDBG -R activity, including its name, location, and administrator contact information) David Harris, Housing and Community Development Director 350 West 6 Street, Suite 312 Dubuque IA 52001 Phone: 563 -589 -4239 Fax: 563- 690 -6692 Email: dharris(a�cityofdubuque.org 4 C. PUBLIC COMMENT Provide a summary of public comments received to the proposed CDBG -R Substantial Amendment. Note: A Proposed CDBG -R Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 7 calendar days for public comment. Response: The proposed substantial CDBG -R amendment was posted on the City of Dubuque website cityofdubuque.org beginning May 14, 2009. Copies of the proposed amendment were available for public viewing at the City Clerk's Office, Carnegie Stout Public Library and City of Dubuque's Housing and Community Development Department. The amendment was available to persons with disabilities at these accessible locations and non - English speaking persons had access via the City's website. A public notice was published in the Telegraph Herald on May 15, 2009. The City of Dubuque Community Development Advisory Commission held a public hearing on Wednesday, May 27, 2009. There was no one present to comment on the proposed amendment. The City Council reviewed and approved the substantial amendment on June 1, 2009. Upon review by HUD, the City revised the use of CDBG- R funds from the Multicultural Center Director to Homeowner Rehabilitation. The Commission reviewed and approved the revised allocation at a public hearing on September 9, 2009. The City Council will review on September 21, 2009. Amendment 2009: The Community Development Advisory Commission reviewed the proposed amendment at their November 18, 2009 meeting and held a public hearing on January 6, 2009. The amendment included reallocating funds from the prior FY 2009 Annual Plan into the FY 2010 Annual Plan and reprogramming funds for existing and new projects. F: \USERS\ATAUKE \CDBG\ CDBG -R \CDBG -R Amendment.FY1 0 amd2.doc 5 FY 2010 CDBG ANNUAL ACTION PLAN AMENDMENT 2 First Time Home Buyer Program Existing Proposed This program provides for loans of up to $5000 to assist low and moderate income families to purchase their first homes. These funds are used to cover the "entry costs" of homeownership — down payments and closing costs. This program provides for loans of i p-ie $5000 to assist low and moderate income families to purchase their first homes. These funds are used to cover the "entry costs" of homeownership — down payments and closing costs. EXHIBIT B