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CDBG FY 2003 NoticesCITY OF DUBUQUE, IOWA MEMORANDUM May 14, 2002 TO: Michael Van Milligen, City Manager FROM: 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 FY 2003 Community Development Block Grant (CDBG) Programs 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 proposed projects approved in the FY 2003(Program Year 2002) 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 15 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 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. Recommendation Staff recommends 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 Community Development Block Grant activities. Copies of the environmental review record will be made available to the public and interested agencies. Public comment wi!! be accepted until 5:00 p.m. on June 7, 2002 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,AUsers~AKRAM ER~ERR~Ann ual Err~ERRrnem,doc RESOLUTION NO. 260-02 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 CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 2003 (PROGRAM YEAR 2002) Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 2002, 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, based on said environmental review, the Department of Community and Economic Development has determined that said projects wilt have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Envir(~nment" and of "Intent to Request Release of Funds" for said projects will be sent by regular mail to vadous tdbal, 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 combined Notice of Finding of No Significant Impact on the Environment and 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 June 7, 2002. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Community Development Block Grant Annual Plan Projects Program Year 2002 (Fiscal Year 2003) Housing Programs: Problem Properties Management; Housing Trust; Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connection Loan); Housing Code Enforcement; First Time Home Buyer Program; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility Rahab; Single Room Occupancy Rahab); Purchase/Rehabilitation/Resale; Lead Paint Hazard Abatement; Historic Preservation Homeowner Grants; Housing Rehabilitation Services and Staff; Housing Planning/Administration Services and Staff Neighborhood and Community Development Programs: Community Partnership Program (cp2); Senior Center; Neighborhood Recreation Program; Information and Referral Service; Zoning Inspection/Enforcement; Child Care Resource and Referral; Deer Management Food Program; Washington Tool Library; Neighborhood Support Grants; Leadership Training; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood Step~¥all Repair) Handicap Curb Ramps; Dubuque Dispute Resolution Center; Downtown Resource Guide; Fair Housing Education; Neighborhood Development Services and Staff Economic Development Programs: Economic Development Financial Assistance Program; Economic Development Program Services and Staff ~ Planning and Administration: CDBG Administration Services and Staff; Finance Services and Staff; City Planning Services and Staff No funds will be committed prior to completion of a review for ether 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, 1805 Central, 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 fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake bhe said p~jects. 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 certification pertaining to the environmental review procedures. Passed, approved and adopted this 20th day of May, 2002. /s/ Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk City Clerk day of Ma_y 2002. ~.~ ~. ~ Tee'ar ce . ugga , vlF~o~/ // F:\Users'~ KRAM ERiE RRnA nnu al Err'~RROFres.rtf Exhibit A COMBINED PUBLIC NOTICE NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Dated and Published May 23, 2002 Housing and Community Development Department 1805 Central Ave Dubuque, Iowa 52001-4864 563-589-4239 Projects for Community Development Block Grant Program Year 2002 (Fiscal Year 2003) These Notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Dubuque, Iowa. FINDING OF NO SIGNIFICANT IMPACT The City of Dubuque has determined that the projects identified for use of Community Development Block Grant (CDBG) funds 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 (ERR) on file at the Housing and Community Development Department, 1805 Central, Dubuque, Iowa and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M. REQUEST FOR RELEASE OF FUNDS On or about June 10, 2002 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 following projects: Projects for Community Development Block Grant Program Year 2002 (Fiscal Year 2003) including: Housing Programs: Problem Properties Management; Housing Trust; Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connection Loan); Housing Code Enforcement; First Time Home Buyer Program; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single Room Occupancy Reheb); Purchase/Rehabilitation/ Resale; Lead Paint Hazard Abatement; Historic Preservation Homeowner Grants; Housing Rehabilitation Services and Staff; Housing Planning/Administration Services and Staff Neighborhood and Community Development Programs: Community Partnership Program (cp2); Senior Center; Neighborhood Recreation Program; Information and Referral Service; Zoning Inspection/Enforcement; Child Care Resource and Referral; Deer Management Food Program; Washington Tool Library; Neighborhood Support Grants; Leadership Training; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood Step/Wall Repair) Handicap Curb Ramps; Dubuque Dispute Resolution Center; Downtown Resource Guide; Fair Housing Education; Neighborhood Development Services and Staff Economic Development Programs: Economic Development Financial Assistance Program; Economic Development Program Services and Staff Planning and Administration: CDBG Administration Services and Staff; Finance Services and Staff; City Planning Services and Staff The City of Dubuque has found that the aforementioned projects have 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 lessen potential adverse impacts and to enhance the environment; 3) No loss of unique environmental resources; 4) No irreversible development trends; 5) A minimum occurrence of adverse effects that cannot be avoided; and 6) No impacts on properties possessing historical, archaeological, architectural or cultural significance. 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. PUBLIC COMMENTS Any individual, group or agency disagreeing with this determination or wishing to comment on the projects may submit written comments to the Housing and Community Development Department, 1805 Central, Dubuque, Iowa 52001. All comments received by 5:00 pm on Friday June 7, 2002 will be considered by the City of Dubuque pdor 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 objection 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 am 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) 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 F:\Users~AKRAMER~ERR~,nnual En~EXHibitANOT.doc