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Five Points Building Relocation ProjectTHE CITY OF Dubuque -~ h DUB E A~~ Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 5 Points Building Relocation Project: Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds DATE: September 8, 2008 Housing and Community Development Department Director David Harris is recommending approval of the publication of the combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the 5 Points Building Relocation Project. I concur with the recommendation and respectfully request Mayor and City Council approval. V~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director THE CTTY OF Dubuque DUB E Masterpiece on the Mississippi 2007 To: Micha,\el Van Milligen, City Manager From: David ~ arris, Housing and Community Development Department Subject: 5 Points Building Relocation Project :Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds Date: September 5, 2008 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 5 Points Building Relocation Project. Background The City Council will be reviewing the use of Community Development Block Grant (CDBG) funds for the 5 Points Building Relocation Project. The project involves the use of $265,500 in CDBG funds for the relocation of a historic building at 397 East 20tH Street to a vacant lot at the southwest corner of 10tH and Main Street. The building will be renovated for commercial and residential uses. The City of Dubuque must publish a notice of environmental review finding for projects to be funded with 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 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 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 funds 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 5 Points Building Relocation 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 pm on October 6, 2008 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:\USERSWTAUKE\ERR\5 Points Bldg Relocation\5 Points Bldg Relocation ERR memo.mvm.doc RESOLUTION NO. 311-2008 A RESOLUTION AUTHORIZING PUBLICATION OF A CONCURRENT NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE 5 POINTS BUILDING RELOCATION PROJECT. Whereas, the City of Dubuque has received a Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regulation as promulgated by the U.S. Department of Housing and Urban Development, and environmental review has been processed for the 5 Points Building Relocation 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 concurrent 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 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 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 5 Points Building Relocation Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on October 6, 2008. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. Tha the environmental review record for the project shall be placed on file in the Office of the Housing and Community Development Department 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 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 in 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 hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted thi 15th day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider. City Clerk ENVIRONMENTAL ASSESSMENT (24 CFR 58, Section 58.36 revised 1/99) Responsible Entity [24 CFR 58.2(x)(7)]: City of Dubuque, Iowa Certifying Officer [24 CFR 58.2(x)(2)]: Roy D. Buol, Mayor Project Name: 5 Points Building Relocation Project Project Location: 397 East 20th Street to SW corner of 10th & Main Dubuque, Dubuque County, IA Estimated project cost: $ 565,500 ($265,500 CDBG) Grant Recipient [24 CFR 58.2(x)(5)]: City of Dubuque Recipient Address: 350 West 6th Street, Suite 312 Project Representative: Aggie Tauke Telephone Number: 563-589-4239 Conditions for Approval: (List all mitigation measures adopted by the responsible entity to eliminate or minimize adverse environmental impacts. These conditions must be included in project contracts or other relevant documents as requirements.) [24 CFR 58.40(4), 40 CFR 1505.2(c)] FINDING: [58.40(8)] Q Finding of No Significant Impact (The project will not result in a significant impact on the quality of the human environment) (Check) Finding of Significant Impact (The project may significantly affect the quality of the human environment) Prepare Signature: Aggie Tauke Community Development Specialist City of Dubuque, Iowa Date: September 5, 2008 Certifying Officer Signature: Date: September 15, 2008 Title/Agency: Kevin J. Lynch, Mayor Pro-Tem City of Dubuque, Iowa Exhibit A CONCURRENT NOTICE TO PUBLIC OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE TO PUBLIC OF INTENT TO REQUEST RELEASE OF FUNDS NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Date of Publication: September 19, 2008 City of Dubuque, Iowa 350 West 6t" Street Suite 312 Dubuque, Iowa 52001 563-589-4239 These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Dubuque, Iowa. REQUEST FOR RELEASE OF FUNDS On or about October 6, 2008 the City of Dubuque will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant (CDBG) funds for the purpose of undertaking the project here in after described: The project is proposing to relocate a historic building at 397 East 20t" Street to a vacant lot at the southwest corner of 10t" and Main Street in the City of Dubuque, Dubuque County, Iowa. The building will be renovated for commercial and residential uses. FINDING OF NO SIGNIFICANT IMPACT The City of Dubuque has determined that the project will have no significant impact on the human environment. 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 Record (ERR) on file at City of Dubuque Housing and Community Development, 350 West 6t" Street, Suite 312, Dubuque, Iowa and may be examined or copied 8:00 am to 5:00 pm from Monday to Friday and available for public inspection. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the City of Dubuque Housing and Community Development Department, 350 West 6th Street, Suite 312, Dubuque, Iowa 52001. All comments received by October 6, 2008 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 HUD 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 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 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 in fact executed by the responsible entity's Certifying Officer; (b) the responsible entity has failed to make one of the two findings pursuant to Sec. 58.40 or to make the written determination required by Secs.58.35, 58.47, or 58.53 for the project, as applicable; (c) the responsible entity has omitted one or more of the steps for the preparation, publication and completion of an EA. (d) the recipient or other participants in the development process have committed funds, incurred costs or undertaken activities before release of funds and approval of the environmental certification by the State and HUD. (e) Another federal agency pursuant to 40 CFE 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 an Urban Development (HUD), Omaha Area Office, Edward Zorinsky Federal Building, Suite 329, 1616 Capitol Avenue, Omaha, Nebraska 68102-4908. Roy D. Buol, Mayor September 19, 2008 F:\USERSWTAUKE\ERR\5 Points Bldg Relocationl5 Pts ERR Exhibit A HUD.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. 3/3112011) 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. Pro ram Descri tion and Re uest for Release of Funds to be com leted b Res onsible Entit 1. Program Title(s) 2. HUD/State Identification Number 3. Recipient Identification Community Development Block Grant B-07-MC-19-0004 Number (optional) (CDBG) 42-6004596 4. OMB Catalog Number(s) 5. Name and address of responsible entity City of Dubuque 50 West 13~" Street 6. For information about this request, contact (name Dubuque IA 52001 & phone number) Aggie Tauke 563-589-4239 7. Name and address of recipient (if different than responsible entity) 8. HUD or State Agency and office unit to receive request HUD Omaha, Edward Zorinsky Federal Building, Suite 329, 1616 Ca itol Avenue, Omaha NE 68102-4908 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 followin 9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, State) 5 Points Building Relocation 397 East 20`h Street to SW corner of 10`h & Main Street, Dubuque, Dubuque County Iowa 11. Program Activity/Project Description The 5 Points Building Relocation project involves the relocation of a historic building at 397 East 20th Street to a vacant lot at the southwest corner of 10th and Main Street in the City of Dubuque, Dubuque County, Iowa. The building will be renovated for commercial and residential uses. Previous editions are obsolete Page ~ Of 2 form HUD-7015.15 (1/99) Part 2. Environmental Certification (to be completed by responsible entit ) 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 no 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 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 Certify g~fficer ~, d ~ f Mayor ~~'. Date"signed October 6;'2008 Address of Certifying Officer City Hall, 50 West 13`h Street, Dubuque, Iowa 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 an change in environmental conditions in accordance with 24 CFR 58.71 b . Signature of Authorized Officer of the Recipient Title of Authorized Officer Date signed Warning: HUD will prosecute false darns and statemer>Is. Conviction may result in aininal arxVor cnn1 penalties. 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