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Harvest Kitchen and Bar_Request for Release of CDBG FundsAuthority to Use Grant Funds U.S. Department of Housing and Urban Development Office of Community Planning and Development OM/ To: (name & address of Grant Recipient & name & title of Chief Executive Officer) Mayor Roy D. Buol City of Dubuque 50 West 13th Dubuque, IA 52001 Copy To: (name & address of SubRecipient) Erica Haugen 350 W. 6th Street, Suite 312 Dubuque, IA 52001 We received your Request for Release of Funds and Certification, form HUD -7015.15 on 7/28/2014 Your Request was for HUD/State Identification Number B -14 -MC -19-0004 All objections, if received, have been considered and the minimum waiting period has transpired. You are hereby authorized to use funds provided to you under the above HUD/State Identification Number. File this form for proper record keeping, audit, and inspection purposes. 900 Jackson Street, Dubuque, IA 52001, City of Dubuque, Dubuque County, Dubuque, IA Economic Development Financial Assistance Program Fiscal Year 2015 (Program Year 2014) The Economic Development Financial Assistance Program provides large and small business with low-interest and forgivable loans to support economic development efforts. Financial Assistance Program will provide a working capital loan to Harvest Kitchen and Bar, a restaurant, to create 18 full time equivalent jobs for low and moderate income workers. The restaurant will be located in an existing structure at 900 Jackson Street, Dubuque, IA. Typed Name of Authorizing Officer Francis T. Severin Title of Authorizing Officer Director, Community Planning and Development Division Previous editions are obsolete Date Signed 08/13/2014 form HUD -7015.16 (2/94) ref. Handbook 6513.01 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI -America City 11111r 2007 • 2012 • 2013 SUBJECT: Request Release of Funds for Fiscal Year 2015 Community Development Block Grant (CDBG) Economic Development Financial Assistance Program, Harvest Kitchen and Bar DATE: July 15, 2014 Housing and Community Development Department Director Alvin Nash recommends City Council approval of a resolution authorizing the Request Release of Funds for the proposed Economic Development Financial Assistance Program Community Development Block Grant loan to Harvest Kitchen and Bar in the amount of $175,000. I concur with the recommendation and respectfully request Mayor and City Council approval. bat44 ., Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing and Community Development Department Director THE CITY OF DUB Masterpiece on the Mississippi MEMORANDUM To: Michael Van Milligen, City Manager From: Alvin Nash, Housing and Community Development Department Dubuque kitietri All -America City 1 r 2007 • 2012 • 2013 Subject: Request Release of Funds for FY 2015 Community Development Block Grant (CDBG) Economic Development Financial Assistance Program, Harvest Kitchen and Bar Date: June 9, 2014 Introduction This memorandum transmits a proposed resolution authorizing the Request Release of Funds for the proposed Economic Development Financial Assistance Program CDBG loan to Harvest Kitchen and Bar in the amount of 175,000. 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. The City of Dubuque published a Notice of Intent to Request Release of Funds (NOI/RROF) on June 17, 2014. This required notice allows seven (7) days for citizen comments on the environmental assessment of these programs. Public comment will be accepted until June 25th, 2014 at 5:00 p.m. and will be taken into account before proceeding with the request for release of funds. The City may then file the Requests for Release of CDBG funds and Certification with the U.S. Department of Housing and Urban Development (HUD). The approved Fiscal Year 2014 Annual Action Plan for the use of CDBG funds provides 185,806 for Economic Development Financial Assistance Programs. Since the funds from FY 2014 have not been completely expended, the FY 2014 plan remains in effect until amended. The FY 2015 Annual Action Plan will be amended early in FY 2015 to reflect changes in projects and funding need. The loan to Harvest Kitchen and Bar will be used for working capital to purchase inventory necessary for the business. Harvest Kitchen and Bar proposes to create 18 full-time equivalent jobs for low and moderate income persons. Recommendation I recommend that the City Council authorize the Mayor to execute a Request for Release of Funds and Certification seven (7) days after publication of the NOI/RROF for the Release of Funds for Community Development Block Grant funds and submit to HUD. Action Step The action step is for the City Council to adopt the attached resolution. Prepared by Erica Haugen, Community Development Specialist FVUSERSVCDBGACDBGAHarvest Restaurant\ERR Council Memo. doc RESOLUTION NO. 210-14 A RESOLUTION AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE PROGRAM — HARVEST KITCHEN AND BAR Whereas, the City of Dubuque will enter into a subrecipient loan agreement with the Harvest Kitchen and Bar, a providing for financial assistance to the Harvest Kitchen and Bar 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 grants has been published on June 17, 2014 to commence the required seven (7) day public comment period; 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, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. Department of Housing and Urban Development at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification for the following identified Community Development Block Grant projects on or about June 26th, 2014 and submit to the U.S. Department of Housing and Urban Development. Economic Development Financial Assistance Program Harvest Kitchen and Bar Economic Development Financial Assistance Program provides large and small businesses with low-interest and forgivable loans to support economic development efforts. Financial Assistance Program will provide a working capital loan to Harvest Kitchen and Bar, a restaurant, to create 18 full-time equivalent jobs for low and moderate income workers. The restaurant will be located in an existing structure, at 900 Jackson Street, Dubuque IA. 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. Section 2. 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 3. 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 federaLcourts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Passed, approved and adopted 21st day of July, 2014. Roy D. B,oI, Mayor Attest: Kevin irnstahl, City Cler F:\USERS\CDBG\CDBG\Harvest Restaurant\ERR\Harvest RROF Resolution.doc Request for Release of Funds and Certification U.S. Department of Housing and Urban Development Office of Community Planning and Development OMB No. 2506-0087 (exp. 10/31/2014) 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) 1. Program Title(s) CDBG Economic Development Financial Assistance Program 2. HUD/State Identification Number B -14 -MC -19-0004 3. Recipient Identification Number (optional) 42-6004596 4. OMB Catalog Number(s) 6. For information about this request, contact (name & phone number) Erica Haugen 563-589-4212 5. Name and address of responsible entity City of Dubuque 50 West 13th Street Dubuque Iowa 52001-4864 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 688102-4908 7. Name and address of recipient (if different than responsible entity) The recipients) 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)/Protect Name(s) Economic Development Financial Assistance Program - Harvest Kitchen & Bar (CDBG) Program for Fiscal Year 2015 (Program Year 2014) 10. Location (Street address, city, county, State) 900 Jackson Street, Dubuque IA 52001 City of Dubuque, Dubuque County, Dubuque Iowa 11. Program Activity/Project Description Economic Development Financial Assistance Program Fiscal Year 2015 (Program Year 2014) The Economic Development Financial Assistance Program provides Targe and small businesses with low-interest and forgivable loans to support economic development efforts. Financial Assistance Program will provide a working capital loan to Harvest Kitchen and Bar, a restaurant, to create 18 full-time equivalent jobs for low and moderate income workers. The restaurant will be located in an existing structure at 900, Jackson Street, Dubuque, IA. 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(les)/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. The responsible entity has assumed responsibility for and complied with and will continue to comply with Section 106 of the National Historic Preservation Act, and its implementing regulations 36 CFR 800, including consultation with the State Historic Preservation Officer, Indian tribes and Native Hawaiian organizations, and the public. 4. 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 Z require the preparation and dissemination of an environmental impact statement. 5. 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. 6. 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. 7. 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: 8. 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. 9. 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. Signature of Certifying Officer of the Responsible Entity X Address of Certifying Officer Title of Certifying Officer Roy D. Bu , Mayor City of Dubuque Date signed July 21, 2014 50 W. 13th. St. 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 any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient Title of Authorized Officer X Date signed 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) Previous editions are obsolete form HUD -7015A5 (1/99)