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CDBG Notice of Intent to Release Funds for FY 2011 ProgramsMasterpiece on the Mississippi TO: 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 FY 2011 Community Development Block Grant (CDBG) Programs DATE: April 12, 2010 Dubuque bfrid All- AmedcaCity 2007 Housing and Community Development Department Director David Harris is recommending publication of the Notice of Intent to Request Release of Funds for the proposed projects approved in the FY 2011 (Program Year 2010) Annual Action Plan for Community Development Block Grant (CDBG) activities. I concur with the recommendation and respectfully request Mayor and City Council approval. ichael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director Masterpiece on the Mississippi MEMORANDUM To: Michael Van Milligen, City Manager From: David Ha s, Housing and Community Development Department 9 Y p p Subject: Publication of Notice of Intent to Request Release of Funds for FY 2011 Community Development Block Grant (CDBG) Programs Date: April 9, 2010 Dubuque All4modeaCti r 2007 Introduction 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 2011 (Program Year 2010) 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 activities. 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 10, 2010 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: \Users\ATAUKE \ERR\Annual Err\ERRmem.doc RESOLUTION NO. 108-2010 (108-10) A RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 2011(PROGRAM YEAR 2010) Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 2010, 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 10, 2010. 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 2011 (Program Year 2010) 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; 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 6 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 S'- rtification. Passed, approved and adopted this 19 day of Apri Attest: Roy D. B I, Mayor eanne F. Schneider, City Clerk F:\Users\ATAUKE \ERR\Annual Err \RROFres.doc Exhibit A April 23, 2010 NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Housing and Community Development 350 West 6 Street Suite 312 Dubuque Iowa 52001 563 - 589 -4239 On or about May 10, 2010 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 2011 (Program Year 2010) 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; 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 6 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 6 Street Suite 312, Dubuque, Iowa 52001. All comments received by 5:00 pm on Monday May 10, 2010 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. F: \USERS\ATAUKE \ERR\Annual Err \NOIRROF HUD.Exh A doc Roy D. Buol, Mayor Request for Release of Funds and Certification 1. Program Title(s) Community Development Block Grant (CDBG) 4. OMB Catalog Number(s) 6. For information about this request, contact (name & phone number) Aggie Tauke, 563 - 589 -4212 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 U.S. Department of Housing and Urban Development Office of Community Planning and Development 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. Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 2. HUD /State Identification Number B- 10 -MC -19 -0004 5. Name and address of responsible entity City of Dubuque 50 West 13th Street Dubuque IA 52001 -4864 OMB No. 2506 -0087 (exp. 3/31/2011) 3. Recipient Identification Number (optional) 42 6004596 7. Name and address of recipient (if different than responsible entity) 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 Development City of Dubuque, Dubuque County,Dubuque, IA Block Grant (CDBG) Program for Fiscal Year 2011 (Program Year 2010) 11. Program Activity /Project Description Community Development Block Grant Annual Plan Projects Fiscal Year 2011 (Program Year 2010) 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; City Planning Previous editions are obsolete form HUD - 7015.15 (1/99) Part 2. Environmental Certification (to be completed by responsible entity) 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 n did 7 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. Signature of Certifying Officer of the Responsible Entity X Address of Certifying Officer City Ha11,50 West 13th Street, Dubuque, IA 52001 Part 3. To be completed when the Recipient is not the Responsible Entity X Previous editions are obsolete Date signed Date signed 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. I 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. Title of Certifying Officer Roy D. Buol, Mayor City of Dubuque 05/10/2010 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 any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient Title of Authorized Officer Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) form HUD - 7015.15 (1/99)