Audubon Ark Project Funds etcMEMORANDUM
November 26, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
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
Audubon Ark Project
Housing and Community Development Department Director David Harris is
recommending publication of the combined Notice of Finding of No Significant Impact
on the Environment and Notice of Intent to Request Release of Funds for the Audubon
Ark 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
November 21, 2002
To:Michael C. Van Milligen, City Manager
From:David Harris, Housing and Community Development
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
Audubon Ark project
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 Audubon Ark project.
Background
The City Council is being requested at the December 2nd meeting to request release of
Economic Development Initiative (EDI) funds for the Audubon Upper Mississippi River
Campaign. A $240,000 grant was received by the National Audubon Society for the Ark
project, which includes the following: 1) purchase of a an authentic operational riverboat
and barge (Audubon Ark) for educational and research programs and exhibits on the river;
2) design and construction of a dock and interpretive area in the Ice Harbor by the Dubuque
County Historical Society; and 3) design of a portable exhibit kiosk in the museum. The
grant funds will provide for the expansion of museum exhibit and educational facilities to
include dock space in the Ice Harbor for educational, historic and research vessels.
Although the National Audubon Society receives the grant funds, a local or state
government must conduct an environmental review for the project. The City of Dubuque
must publish a notice of environmental review finding for the project to be funded with EDI
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).
As a condition of approval for the environmental release of funds, it has been determined by
the State Historic Preservation Office that approval is required on a supplement to the
existing Memorandum of Agreement for the construction of the Dubuque County Historical
Society's River Discovery Center. The agreement will ensure that the actions stipulated in
the original agreement will apply to the Audubon Ark project and will also mitigate any
adverse impacts. The Council approved the original agreement on October 3, 2000. Your
approval of the supplemental agreement is requested at this time.
The attached release and indemnification agreement has been signed by the Dubuque
County Histor'mel Society and National Audubon Society to indemnify and release the City
from any liability pertaining to this project. The Council's approval of the agreement is also
requested.
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 Audubon Ark project. I also recommend approval of the Supplement to the
Memorandum of Agreement and the Release and Indemnification Agreement for this
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 December 23
2003 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
RESOLUTION NO. 627-02
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 AUDUBON ARK PROJECT.
Whereas the Dubuque County Historical Society and the National Audubon
Society have reCeived an Economic Development Initiative (EDI) Grantin tl~e~'~0dnt of
$240,000 from the U.S. Department of Housing and Urban Developmentl Providing for
financial assistanCe for the Audubon Ark project, and
Whereas, pursuant to the rules and regulations as promulgated by the U.S.
Depaih~ent of Housing and Urban Development, an environmental review has been
processed for the Audubon Ark 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 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~efomproceeding 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
~ ~ ~;~ --~ Fi~d!?..qq3fNo~ on the En iron ent a d N of
___ :__ v m n otice
intent toRequest Release of Funds for the Audubon .~_rk. project and to make the
Environmental Review Record for said project available for public inspection and comment
until 5:00 p.m. on December 23, 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 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 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
Housingand Ud:~an 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 City of Dubuque hereby consents to the jurisdiction of the
federal courts in an action brought to enforce th~'City'~r~sponsibilities in relation to
environmental review, decision-making and action in connection with the project.
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.
Section 7. That the City Council of the City of Dubuque does hereby concur in the
Release and Indemnification Agreement between the City of Dubuque, the Dubuque County
Historical Society and the National Audubon Society for the Audubon Ark project and
author',~es the Mayor to execute the agreement.
Section 8. That the City Council of the City of Dubuque does hereby concur in the
Supplement to the Memorandum of Agreement regarding construction of the Dubuque
County Historical Society's River Discovery Center and authorizes the Mayor to execute the
supplement agreement.
Passed, approved and adopted this2nd day of 2002
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
RESOLUTION NO. -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 AUDUBON ARK PROJECT,
Whereas the Dubuque County H storical Society and the Nation.al Audubon
Society have received an Economic Development nitiative (EDI) Grant~ff~"~Unt of
$240,000 from the U.S. Department of Housing and Urban Developme'n~i Pr0~iding for
financial assistance for the Audubon Ark project, 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 Audubon Ark 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 combined notioe 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 of
~ ~,,..., ,..., ,, n Ark projer-~ ~nd tn make the
intent to Request Release ,~,, ,,,,..s .... he A,.dubo .............
Environmental Review Record for said project available for public inspection and comment
until 5:00 p.m. on December 23, 2002. Such notice shall be in the form of Exhibit '%"
attached hereto and made a part hereof.
Section 2. -r.,, ,a.* m. ,e environmental review record for the project, shall be .l~laced 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.
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) approval of a supplement to the
existing Memorandum of Agreement for the construction Dubuque County Historical
Society's River Discovery Center.
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 that Terrance M. Duggan in his capacity as Mayor consents to the
jurisdiction of the federal courts in an action brought to enforce the City's 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 Audubon Ark project to use
Economic Development Initiative (EDI) 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; (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 Economic Development Initiative (EDI) 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 vedfy the actual last day of the
objection period.
Terrance M. Duggan, Mayor
F:\Users~AKRAMER~ERR~Audubon EDI EXHA.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. 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, 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. F~,~r&n~ O~.s¢~;ption and R=-qL'e~t for ,"__';~'=,' of Funds
i. Pr0gramTifle(s) ' ' :
Economic Development Znltla~ive: (EDI)
4. OMB Catalog Number(s)
6. For information about this request contac~ (name & phone number)
Aggie Kramer, Coam~unity Development
o be c(~mpleted by Responsible Entity)
2. HUD/State de [;[;-~.~ Number 3. Rec pent l(:;~,~,[dg,=tion Number
(optional)
B-02-SP-IA- 0179 42-6004596
5. Name and address of responsible emily
City o£ Dubuque
Clt~ Hall
Dubuque IA 52001-4864
7. Nameanda~ress~ mcipiem W d~em~thanmsponsibleem~)
Natlonal A=dUbOn ~ociety
700 Broadway
New York NY 100~3
10909 Mill Valley Road,
conditions govern~gtheuseoftheassistance ~rthe ~llowing
9. Pr~mmAc~(~)/Pr~ Name(s) 10. Locafi~ (Stre~ ~dmss, c~,~un~,Smte)
Audubon Ark project National ~issiesippi Hirer Museum and A~uar~'u~
350 Hast 3rd Ice Harbor
~abuque IA 52001
11. Progmm Ac~i~mjectDe~ription
The project will allow the National ~iaslssi~i ~iver Museu~ to construct a dock s~ace in
the Ice Harbor ~or historic and educational boats. The project will include purchase o£
the Audubon Ark, an authentic working sternwheel riverboat, and interpretive ~is~lays on
the dock, boardwalks through a wetland exhibit, occasional benches for seating and a
protable interpretive kiosk.
form HUD-7015.15 (1199)
Previous editions are obsolete
Part 2. Environmental Certification (to be completed by responsible entity)
With reference to the above Program Acfivity(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
Enviromnental 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. Aftex considering the type and degree of environmental effects identified by the environmental review completed for the proposed
project describedin part 1 ofthis request, I have found that the proposat[] did [] did not require the preparation and dissemination
of an-environmental impact statement. '
4. The reSPonsible entity has disseminated and/0~ published in the manner prescribed by 24 cFR'58.43 and 58.55 a notice to the public
ia aCcordanCe with 24 CFR 58.70 und as evidenced by the attached copy (copies)or evidence 0f posting and mailing procedu;'e~ :
5. The dates for ali statutory and regulatory me periods for review, comment or other actmn a~e ns comphance 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 differant from the responsible antity) °f anY
special environmental conditions that must be adhered to ia 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 Enviroamantal Policy Act of 1969 and
each provision of law designated in the 24 CFR 58.5 list of N-EPA-related authorities insofar as the provisions of these laws apply
to the HUD responsibilities for eavironmantal review, decision-making and action that have been assumed by the responsible entity.
8. i am authorized to and do acaept, on behalf of the mcipiant personally, the jurisdiction of the Federal courts for the enforcemant °f
all these responsibilities, ia my capacity as certifying officer of the responsible entity.
Signature of Certifying OWmer of the Responsible Enlf~
X
Addmss of Cefffi~yingOff~er
50 West 13th Street
Dubuc/lze IA 52001-4864
T~eof CerffiyingOfficer
Mayor Cit~ of Dubuque IA
Date ~gned
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 spoalal 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 58.71Co).
Signature of Authorized Officer of the Recipient 1 Tiffs of ALffhorLzed Officer
I Date signed
Warning: HUD will prosecute false claims and statements. Conviction may result in c~iminal and/or civil penalties. (18 U.S.C. 1001, 1010,1012; 31 U.3.C. 3729,
3802)
Previous editions are obsolete form HUD-7015.15 (1/99)
SUPPLEMENT TO
MEMORANDUM OF AGREEMENT
BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION,
U.S. FISH AND WILDLIFE SERVICE,
U.S. ARMY CORPS OF ENGINEERS,
NATIONAL ENDOWMENT FOR THE HUMANITIES,
THE CITY OF DUBUQUE,
DUBUQUE COUNTY HISTORICAL SOCIETY,
THE IOWA DEPARTMENT OF TRANSPORTATION,
AND THE IOWA STATE HISTORIC PRESERVATION OFFICE,
PURSUANT TO 36 CFR PART 800
REGARDING CONSTRUCTION OF
THE DUBUQUE COUNTY HISTORICAL SOCIETY'S
RIVER DISCOVERY CENTER
ICE HARBOR, DUBUQUE, IOWA
WHEREAS, the ARK project will facilitate the purchase of an operational riverboat and barge
(Audubon Ark) for educational and research programs and exhibits on the river and will provide
for the construction of a dock, a wetland interpretive exhibit and portable exhibit kiosk in the Ice
Harbor by DCHS; and
WHEREAS, U.S. Housing and Urban Development (HUD) has provided funding for the ARK
project through an EDI special project grant; and
WHEREAS, pursuant to 24 CFR Part 58, the City of Dubuque (City) is authorized to act on
behalf of HUD in granting approval to proceed; and
WHEREAS, the DCHS is seeking to construct and install a wetland interpretive exhibit and
portable exhibit kiosk within the constructed wetland in the Ice Harbor. The constructed wetland
was addressed and mitigated as part of the original agreement; and
WHEREAS, the DCHS is seeking to construct the floating boat dock on the east end of the
newly constructed wetland at the River Discovery Center, and the National Audubon Society, in
conjunction with the DCHS, is acquiring and refurbishing a vessel to serve as the Audubon Ark
which will be moored at the floating boat dock on a part-time basis; and
WHEREAS, the DCHS, CITY, and Federal Highway Administration (FHW) have determined
that the proposed construction of the floating boat dock at the River Discovery Center will have
effects on the Ice Harbor a property determined eligible for listing on the National Register of
Historic Places, as depicted on the map attached hereto as Attachment A (site map); and
WHEREAS, a vessel has not yet been selected for purchase and it is unknown whether the vessel
will be a significant historic property; and
WHEREAS, the DCHS and FHW have consulted with the Iowa State Historic Preservation
Officer (SHPO) pursuant to the Advisory Council on Historic Preservation's (Council)
regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation
Act (16 U.S.C. 470) to seek ways to avoid, reduce, or mitigate the adverse effects of the project
on the historic property;
NOW, THEREFORE, the parties undersigned agree that the DCHS's compliance with the
previously described stipulations in the original Memorandum of Agreement shall be sufficient
to mitigate any such effects on the Ice Harbor and that the parties hereby agree that DCHS may
proceed with the project. The parties also agree that when a vessel has been purchased that the
CITY and DCHS will consult with the SI[PO in accordance with Section 106 of the National
Historic Preservation Act (16 U.S.C. 470) to seek ways to avoid, reduce, or mitigate any adverse
effects of proposed refurbishments to the vessel if the vessel is evaluated as a significant historic
property.
APPROVED: FEDERAL HIGHWAY ADMINISTRATION
By: Date:
NalTle
Title
APPROVED: U.S. FISH AND WILDLIFE SERVICE
By: Date:
Nalne
Title
APPROVED: U.S. ARMY CORPS OF ENGINEERS
By: Date:
NmTle
Title
APPROVED: NATIONAL ENDOWMENT FOR THE HUMANITIES
By: Date:
Nallle
Title
APPROVED: CITY OF DUBUQUE
By: Date:
Sallie
Title
APPROVED: DUBUQUE COUNTY HISTORICAL SOCIETY
By: Date:
NaiTle
Title
APPROVED: IOWA DEPARTMENT OF TRANSPORTATION
By: Date:
Nanle
Title
APPROVED: IOWA STATE HISTORIC PRESERVATION OFFICER
By: Date:
Nalne
Title
RELEASE AND INDEMNIFICATION AGREEMENT
This Agreement is made as of the__ day of June, 2002, between the CITY OF
DUBUQUE, IOWA (hereinai~er City), the Dubuque County Historical Society (hereinafter
DCHS) and the National Audubon Society (hereinafter Audubon).
In consideration of the assistance to be provided by City to DCHS and Audubon in the
form of an environmental review which is a necessary precondition to the receipt of a grant by
Audubon and it's sub recipient DCHS, Audubon and DCHS hereby release the City from any and
ail liability for any damage or injury which either may incur as a result of the actions of the City
in providing the assistance referred to above.
In further consideration of the said assistance to be provided by the City, DCHS and
Audubon agree to indemnify, and hold harmless City from and against au3, and all claims, suits,
or damage awards made or rendered against City by any person, firm or corporation, including
any attorney's fees incurred by City in defending same, resulting from the actions of City in
rendering the assistance referred to above.
City of Dubuque, Iowa
By:
Dub~ ae County Historical Society
By: (