Five Pts Housing Rehab ProjectMEMORANDUM
July 9, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Five Points Comprehensive Housing Rehabilitation Project Finding of No
Significant Impact on the Environment and Intent to Request Release of
HOME Investment Partnership Program and Special Purpose Grant
(SPG) Funds
Housing and Community Development Department Director David Harris is
recommending publication of a combined Notice of Finding of No Significant Impact on
the Environment and Notice of Intent to Request Release of HOME Investment
Partnership Program and Special Purpose Grant (SPG) funds for the Five Points
Comprehensive Housing 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
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 8, 2002
To: Michael Van Milligen, City Manager
From: David Harris, Housing and Community Development Department
Subject: Five Points Comprehensive Housing Rehabilitation Project
Finding of No Significant Impact on the Environment and
Intent to Request Release of HOME Investment Partnership Program
and Special Purpose Grant (SPG) funds
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 HOME Investment Partnership Program and Special Purpose Grant
(SPG) funds for the Five Points Comprehensive Housing Rehabilitation Project
Background
The Five Points Comprehensive Housing Rehabilitation project is located at properties
between and adjoining the block area bounded by Elm, Washington, 20th and 21st Streets.
The Iowa Department of Economic Development has awarded the City of Dubuque $202,500
in HOME funds for the rehabilitation of 15 rental units in the area. The remaining $133,508
balance in our HUD Special Purpose Grant will be used for rehabilitation of owner-occupied
homes in the area.
As required by the Community Development Act of 1974, as amended, the City of Dubuque
must publish an environmental review finding for projects funded with HOME and SPG. 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 HOME Funds from the Iowa
Department of Economic Development (IDED) and release of SPG funds from the U.S.
Department of Housing and Urban Development (HUD).
Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has carried
out its responsibilities according to regulations of HUD and IDED. The approval of the
attached resolution and the publication of its accompanying public notice are required
procedural steps for securing the release of HOME and SPG 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
the Five Points Comprehensive Housing Rehabilitation Project. Copies of the environmental
review record are available to the public and interested agencies at the Housing and
Community Development office. Public comment will be accepted until 5:00 p.m. on August
5, 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:~Users~KRAMER',ERR~IOME 5 PTS'~IOME SPG ERRmemo.doc
RESOLUTION NO. 359-02
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 HOME INVESTMENT PARTNERSHIP
PROGRAM AND SPECIAL PURPOSE GRANT (SPG) FUNDS FOR THE FIVE
POINTS COMPREHENSIVE HOUSING REHABILITATION PROJECT.
Whereas, the City of Dubuque has received a HOME Investment Partnership
Program grant from the Iowa Department of Economic Development (IDED) and a
Special Purpose Grant (SPG) from the U.S. Department of Housing and Urban
Development; and
Whereas, pursuant to the rules and regulations as promulgated by the Iowa
Department of Economic Development and U.S. Department of Housing and Urban
Development, an environmental review has been processed for the Five Points
Comprehensive Housing Rehabilitation project.
Whereas, based on said environmental review, the Housing and Community
Development Department 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 has been
sent by regular mail to various tribal, 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 Five Points Comprehensive
Housing Rehabilitation project and to make the Environmental Review Record for said
project available for public inspection and comment until 5:00 p.m. on August 5, 2002.
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 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 Iowa Department of Economic Development and U.S.
Department of Housing and Urban Development fifteen (15) days after publication of
apprepdate 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 Iowa Department of
Economic Development and 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 15th day of July, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\Users~AKRAMER~ERR~HOME 5 PTS~HOME SPG res.doc
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: July 19, 2002
TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:
Housing and Community Development Department
City of Dubuque
1805 Central
Dubuque, Iowa 52001-3656
319-589-4239
The City of Dubuque will request the U.S. Department of Housing and Urban
Development (HUD) for the release of Special Purpose Grant (SPG) funds and will
request from the Iowa Department of Economic Development (IDED) for the release of
HOME Investment Partnership Program funds for the following project:
Five Points Comprehensive Housin.q Rehabilitation
The project is located at properties between and adjoining the block area bounded by
Elm, Washington, 20th and 21st streets in the City of Dubuque, Dubuque County, Iowa.
The HOME funds will be used the rehabilitation of rental units in the area. The SPG
funds will be used for rehabilitation of owner-occupied homes in the area.
These Notices shall satis~ 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 Five Points Comprehensive Housing
Rehabilitation project identified for use with Supportive Housing Program (SHP) and
HOME Investment Partnership Program 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 Record(ERR) on file at the Housing and
Community Development Department at 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 August 6, 2002, the City of Dubuque will submit a request to the U.S.
Department of Housing and Urban Development and the Iowa Department of Economic
Development for the release of funds to undertake the Five Points Comprehensive
Housing 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 lessen 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) Impacts on properties possessing historical, amhaeological,
architectural or cultural significance will be reviewed individually prior to rehabilitation.
PUBLIC COMMENTS
Any individual, group or agency disagreeing with this determination or wishing to
comment on the project may submit written comments to the Housing and Community
Development Department, -1805 Central Avenue, Dubuque, Iowa 52001. All comments
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 and the Iowa Department of Economic 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. IDED's and HUD's
approval of the certification satisfies its responsibilities under NEPA and related laws
and authorities, and allows the Five Points Comprehensive Housing Rehabilitation
project to use Special Purpose Grant (SPG) and HOME Investment Partnership
Program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD and IDED 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; (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; 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 for the use of Special Purpose Grant (SPG) funds 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
pedod.
Objections for the use of HOME Investment Partnership Program funds must be
prepared and submitted in accordance with the required procedures (24 CFR Part 58)
and shall be addressed to Iowa Department of Economic Development, 200 East Grand
Avenue, Des Moines, Iowa 50309 -1827. Potential objectors should contact IDED to
verify the actual last day of the objection period.
Terrance M. Duggan, Mayor
F:\Users'~KRAMER~ERR~IOME 5 PTS~HOME SPG EXHA.doc
Re luest 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. 11/30/2{)04)
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 provi'de 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, ~ be completed by Responsible Entity)
1. Program Trtie(s) 2. HUD/State Identification Number 3. Recipient Identification Number
HOME Investment Partnership program (optional)
02-HM-134-20 ~2-6004586
4. OMB Catalog Number(s)
6. For information about this request, contact (name & phone number)
Ag~jie Kr~mer Co~u~ity DeveZc~Eaent
8. HUD or State Agency and olfice unit to receive requect
Iowa Depa=tment of Economic Development
200 East Grand Avenue
Des Molnes, IA 50309-1827
5. Name and address of responsible entity
City of Dubuque
180S Central
Dubuque iA 52001-3656
7. Name and address of recipient (if d~ferent than responsible entity)
The recipient(s) of assLstance 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 Acl~,ity(ies)/Project Name(s) 10. Location (Stre~ address, city, county, State)
Five Points Coa~prehensive Rehabi14tation Area between and adjoining Elm, Washington,
Project 20th and 21st Streets,Dubuque,Dubuque County,
IA
11. Pmgmm A~vi~/P~e~ Desc~tion
Rehabilitation of 15 rants1 ~nlts in the area between and adjoining the block area
bounded by Elm, Washington, 20th and 21st Streets.
Previous editions are obsolete form HUD-7015.15 (1/99)
Part 2, Envir,mmental Certffication (m 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 carded 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
projectdescribedinPart I ofthisrequnst, Ihavefouadthattheproposal[]did []didnotrequirethepreperationanddissemination
of an environmental impact statement.
4. The responsible entity has disseminated and/or published in the mannor prescribed by 24 CFR 58.43 and 58-55 a notice to the pubilc
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 Pert 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 tu and d~ accept~ ~n beha~f ~f the recipient pers~nal~y~ th~ jurisdicti~n ~f th~ Federal courts f~r thc enforcemant ~f
all these responsibilities, in my capacity as certifying officer of the responsible entity.
Signature of Certiflfing Officer of the ResponsiVe Enffiy
I T'r~le of Cer~ying Offer
it~r o~ Dubuque Iowa
I D~m signed
X
Address of Cer~ng Officer
50 West 13th Street
Dtlbuque, IA 520Sl-4864
Part 3. To be completed when the Recipient is not the Responsible Entity
The recipiant requests the release of funds for the programs and activities ide ntified in Part 1 and agrees to abide by the special co nditions,
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 58.71Co).
Signmure o( Authorized Off, er o~ ~ae Reoi0iem IT~e of ~mhofiznd Offioer
l Date s~ned
X
Warning: HUD will prosecute false c~aims and statements. Conviction may result in criminal and/or ci, n'l penal'des. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729,
38O2)
Previous editions are obsolete form HUD-7015.15 (1/99)
Re luest 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. 11/30/2004)
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, seamhing existing data soumes, gathering and
maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and
a pemon 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 9 be completed by Responsible Entity)
1. Program Ttile(s) 2. HUD/State Identification Number 3.(optional)Recipient Iden~fieation Number
SPecial Purpose Grant iA05~PG23 42-6004596
4. OMB Cstalcg Number(s)
6. For information about this request, contact (name & phone number)
A~ie Kramer
mum, O~aha ARea Ofice,
Executive Tower Centre
10909 ~/11 Valley Road, ~maha NE 68153
5. Nameandaddre~ ~ msponsibleentity
City o~ Dubuque
1805 Central
Dubuque IA 52001-3656
7. Name and address of recipient (if differect then responsible entity)
The recipient(s) of assistance uuder 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 Ac~vity(ies)/Project Name(s) 10. Location (Street address, city, county, State)
Five Points Comprehensive Rehahilltation Area between and adjoining Elm, Washington,
Project 20th and 21st Streets,Dubuque,Dubuque County,
IA
11. Pregmm A~v~/P~e~ Desc~n
Rehabilitation of owner-occupied homes in the area between and adjoining the block area
bounded by Elm, Washington, 20th and 21st Streets.
Previous editions are obsctete 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:
t. The responsible entity has fully carded 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 requiremeuts and statutory obligations
of the laws cited in 24 CI~R 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 envirommentel effects identified by the environmental review completed for the proposed
projectdeseribedinPart 1 ofthisrequest, Ihavefoundthattheproposal[]did [~didnotrequirethepreparationanddissemination
of an environmental impact statement.
4. The responsible entity has disseminated and/or publisbed in the manner presctibed 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 Co), the responsible entity will advise the recipieut (if differen£ from the responsible entity) nf 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 t 969 and
each provision of law designated in the 24 CFR 58.5 list of NEPA-reinted 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.
~gnafure of Cer~ylng O~er of the Respons~ Enffiy
it!r o£ l)~fl3ucl~e To,ara
Addre~ of Ceding Offmer
Terrace ~. ~ggan
50 West 13th Street
~uque, IA 52001-~86%
P~t 3. To ~ ~mple~d when the Re~pient is n~ the R~nsible En~ty
~e~cipieut r~sts ~e rele~e of ~ds for ~e~o~ ~d acfi~fies iduutffi~ in P~ 1 a~ a~e~ te abide by ~e speci~ condition,
proced~es and re~kements of ~e en~omen~ review ~d to advi~ ~e res~nsible enfi~ of any ~op~ed ch~ge in ~e sco~ of
~e project or ~y change ~ en~omenml con~fions in a~ord~ wi~ 24 CFR 58.71~).
xSignature of Authorized Officer of the Recipient T~deDate OfsignedAUthofized Officer
Warning: HUDwillprosecutefalseclaimsandstatements. Conviction may result in criminatand/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C.3729,
38O2)
Previous editions are obsolete form HUD-7015.15 (1/99)