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Brewery Acq. & Rehab NoticeCITY OF DUBUQUE, IOWA MEMORANDUM May 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Brewery Acquisition and Rehabilitation Housing and Community Development Department Director David Harris is recommending publication of the Combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Brewery acquisition project. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director CITY OF DUBUQUE, IOWA MEMORANDUM May 24, 2001 To: From: Michael Van Milligen, City Manager David Harris, Housing and Community Development Department Subject: Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Brewery Acquisition and Rehabilitation Introduction This memorandum transmits a proposed resolution authorizing the publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Brewery Acquisition and Rehabilitation project. Background The City Council has approved an agreement to proceed with the condemnation and acquisition of the Brewery property, located at 500 East 4th Street. As part of the proposed acquisition, Community Development Block Grant (CDBG) funds will be used to pay a portion of the cost to acquire the building and rehabilitation. As required by the Community Development Act of 1974, as amended, the City of Dubuque must publish a notice of environmental review finding for projects to be funded through the Community Development Block Grant Program. This notice allows 15 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 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 carded out its responsibilities according to regulations of HUD. 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 for this project. Recommendation It is recommend that the City Council authorize publication of the combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the brewery acquisition project. 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 22, 2001 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 Kramer, Community Development Specialist F:\USERS~AKRAMER\ERR\Brewery\BreweryERR~doc RESOLUTION NO. 230-01 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE BREWERY ACQUISITION AND REHABILITATION PROJECT Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year commencing July 1,2000, 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 Brewery Acquisition and Rehabilitation project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area 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 combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Brewery Acquisition and Rehabilitation project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on June 22, 2001. 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 the project shall be placed on file in the Office of the City Clerk and the Housing and Community Development office 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 fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. 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 carded 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 be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 4th day of June, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS~AKRAMER\ERR\Brewery~Brewe~jres.doc Request for Release of Funds OMBNo. 2506-0087 and Certification (exp. 6/30/2001) 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) 1. Program Title(s) 2. HUD/State[dentiticationNurnber 3. Recipient Identification Number Community Development Block Grant B-00-MC-19-0004 (options]) 42-6004596 4. OMB Catalog Number(s) 6. For information about this request, contact (name & phone number) Aggie Kramer, Community Development Specialist 8. HUD or State Agency and office unit to receive request HUD, Omaha Area Office, Executive Tower Centre 10909 Mill Valley Road, Omaha, Nebraska, 68153 5. Name and address of responsible entity City of Dubuque Housing and Community Development 1805 Central Dubuque, IA 52001 7. Name and address of recipient (if d tiferent 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. Pmgrarn Activity(ies)/Project Name(s) 10, Location (Street address, city, county, State) Brewery Acquisition and Rehabilitation 500 East 4th Street Dubuque, Dubuque County, Iowa 11, Program Activity/Project Description Acquire and rehabilitation of building and land Previousedtiionsareobsolete 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 [] 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 ali 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. t 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 Termnce M. Duggan, Mayor, Ciiy of Dubuque, Iowa Date signed X Addross of Certifying Officer 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). Signatare 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 cdminal and/or civil penalties. (18 U.S.C. 1001,1010,10'12; 31 U.S.C. 3729.3802) Previous editions are obsolete form HUD-7015,15 (1/99)