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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)