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Iowa Inn, Cornerstone, NoticeCITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Publication of Combined Notice of Find'mg of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Iun Rehabilitation Project Acting Community and Economic Development Director Pam Myhre is recommending publication of the Combined Notice of No Sio~nificant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Irm Rehabilitation 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 Pamela Myhre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM Febmary21,2001 To: Michael Van Milligen, City Mana~ From: Pamela Myhre, Acting Commu~y'and Economic Development Director 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 Iowa Inn Rehabilitation project Introduction This memorandum n'ansmits 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 Iowa Inn Rehabilitation project. Background The City Council is being requested at the March 5t~ meeting to approve the use of Community Development Block Grant funds for MetroPlalns Development to rehabilitate the Iowa Inn building at 125 West 9t~ Street. The Council has previously approved the use and release of Special Purpose Grant fimds for this development, which will create 31 housing rental units. The City of Dubuque must publish a notice of environmental review finding for projects to be funded with Community Development Block Grant (CDBG) funds. 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 CDBG fimds 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 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 CDBG fimds for this project. Recommendation I 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 Iowa Inn Rehabilitation 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 March 26, 2001 and will be taken into account before proceeding with the request for release of fimds. Action Step The action step is for the City Council to adopt the attached resolution. Prepared by Aggie Kramer, Community Development Specialist Exhibit A CONCURRENT NOTICE NOTICE TO PUBLIC OF NO SIGNiFICANT IMPACT ON THE ENVIRONMENT NOTICE TO PUBLIC OF iNTENT TO REQUEST RELEASE OF FUNDS Date of Publication: March 9, 2001 TO ALL iNTERESTED AGENCIES, GROUPS, AND PERSONS: Community and Economic Development Department City of Dubuque 50 West 13th Street Dubuque, Iowa 52001~4864 319-589-4393 The City of Dubuque will request the U.S. Department of Housing and Urban Development for the release of Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1974, as amended, for the following project: Iowa Inn Rehabilitation Project. The project will provide for the rehabilitation of the former Iowa Inn buildings at 125 West 9t~ Street by creating 31 residential apartment units in the existing buildings in the City of Dubuque, Dubuque County, Iowa in Census Tract 1, Block 3. These Notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Dubuque, Iowa. F1NDING OF NO SIGNIFICANT IMPACT The City of Dubuque has determined that the Iowa Inn Rehabilitation Project identified for use of Community Development Block Grant (CDBG) funds will have no significant impact on the human enviroument. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969(NEPA) is not required. Additional project information is contained in the Environmental Review (ERR) on file at the Community and Economic Development Department in City Hall, 50 West 13th Street, Dubuque, Iowa and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M. REOUEST FOR RELEASE OF FUNDS On or about March 26, 2001, the City of Dubuque will submit a request to the U.S. Department of Housing and Urban Development for the release of funds to undertake the Iowa Inn Rehabilitation Project. The City of Dubuque has found that the aforementioned project has no significant effect on the environment based on the following facts and reasons: 1) Assessment of the nature, magnitude and duration of any adverse and positive impacts; 2) Consideration of alternatives to the project, commitment of resources, known views of local groups, measures which can be instituted to less~n potential adverse impacts and to enhance the environment; 3) No loss of unique environmental resources; 4) review of development trends; 5) A minimum occurrence of adverse effects that cannot be avoided; and 6) No significant impacts on properties possessing historical, archaeological, architectural or cultural significance. PUBLIC COMMENTS Any individual, group or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Community and Economic Development Department, 50 West 13th Street, Dubuque, Iowa 52001. All commants received will be considered by the City of Dubuque prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. RELEASE OF FUNDS The City of Dubuque certifies to the U.S. Department of Housing and Urban Development that Terrance M. Duggan 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; Co) 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 ora 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) and shall be addressed to U.S. Department of Housing and Urban Development (HUD), Omaha Area Office, Executive Tower Centre, 10909 Mill Valley Road, Omaha NE 68153. Potential objectors should contact HUD to verify the actual last day of the objection period. Terrance M. Duggan, Mayor RESOLUTION NO. 78-01 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 IOWA INN 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 Iowa Inn Rehabilitation project; and Whereas, based on said environmental review, the Department of Community and Economic 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 oflntant to Request Release of Funds for the Iowa Inn Rehabilitation project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on March 26, 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 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 author/zed to consent to assume the stares 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 anthor/zed 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 author/zed and directed to execute a certification pertaining to the environmental review procedures. Attest: Jeanne F. Schneider, City Clerk 5th Passed, approved and adopted this; day of March, 2001. John H. Markham, Mayor Pro-Yem Request for Release of Funds oM8 No, 2506-0087 and Certification (exp. 6/30/2001) U.S. Department of Housing and Urban Development Office of Community P~anning and Deve]opment 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 Identification Number ! 3. Recipient Identification Number Community Development Block Grant B-00-MC- 19-0004 ! (opfiona) i 42-6004596 4. OMB Catalog Number(s) ' 5. Name and address of responsible entity City of Dubuque City Hall, 50 West 13th Street Dubuque, IA 52004 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 J 7. Name and address of recJpient (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 Activ[[y(ies)/Project Name(s) 10. Location (Street address, c~ty. county, State) Iowa Inn Rehabilitation Project 125 West 9th Street, Dubuque, Dubuque County, Iowa 11. Program Acfivity/Project Descripfion Rehabilitation of former YMCA building and gymnasium building into 31 residential housing units 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)/Projeet(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 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. 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 enfomement 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 Terrance M. Duggan,Mayor, City of Dubuque, Iowa Date signed x Address of Certifying Officer City of Dubuque 50 West 13th Street 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 I 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 Datesigned X Warning: HUD will prosecute false claims and statements. Conviction may result in cfiminaland/or civil penalties. (18 U.S.C. 1001,1010,1012; 31 U.S.C.3729,3802) Previouseditionsareobsolete form HUD-7015.15 (1/99) INTENT 1'O REQUEST RELEASE OF FUNDS TO ALL INTERESTED AGEN- CIES, GROUPS, AND PER- SONS: Ci of Dubuque Dubuque, Iowa 52001-4864 for Housing and Urban Oevel- procedural requmments for.~ 2001 sub- Dubuque has aforementioned wishing to project may and Economic STATE OF IOWA DUBUQUE COUNTY { SS: aris~ the laws ~EPA and '~ted and authorities, ~Fd~ allows the City of ~e to use Program funds. I ?~B~ECTIONS TO RELEASE OF FUND~ ~ ! f Dubuque S certi~cation l!t~g the a~ficipated I~b~S~io~ dat~ or its a~t~ : o~ the shall (~ CERTIFICATION OF PUBLICATION I,. TAMMY M. FELDMANN a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that ~e attached notice was published in said newspaper on the following dates ~//~ r-fJ~ ~ , 20 ~/ , and for which the charge is$ z./~.~.-- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this,~.~_.~ day of'~_.~Y 20 ~/ . Notary P~blic hi and for Dubuque Coup, Iowa