CDBG Annual Act Plan Comb NotiMEMORANDUM
March 31,2003
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
FY 2004 Community Development Block Grant (CDBG) Programs
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 proposed
projects approved in the FY 2004 (Program Year 2003) Annual Action Plan for
Community Development Block Grant (CDBG) activities. Public comment will be
accepted until 5:00 p.m. on April 28, 2003, and will be taken into account before
proceeding with the request for release of funds.
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
March 31, 2003
To:Michael C. 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 Notioe of Intent to Request Release of Funds for
FY 2004 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
2004(Program Year 2003) Annual Action Plan for Community Development Block Grant
(CDBG) activities. A list of the proposed projects is included inthe 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 allbws 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 HUD1 The approval of the
attached resolution and the publication of its accompanying pdblic 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 ko 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 will be accepted until 5:00 p.m. on April 28 2003 andiwitl be taken into
account before proceeding with the request for release of funds.
Action Step
The action stap is for the City Council to adopt the attached resolution.
Prepared by Aggie Kramer, Community Development Specialist
F:~Us~s~,~ KRAME R'~ER R'~nnua~. E.~ERRm~m'~.doc
RESOLUTION NO. 98-03
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 2004 (PROGRAM YEAR 2003)
Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal
Year commencing July 1, 2003, 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 Housing and Community
Development Department has determined that said projects 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 projects will be sent
by regular mail to various 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 April 28 2003. 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 2003 (Fiscal Year 2004)
Housing Programs: First Time Home Buyer Program; Historic Preservation;
Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential
Rehabilitation Loan Program; Sewer Connection Loan); Housing Planning/
Administration Services and Staff; Homeowner Grants; Housing Code Enforcement;
Housing P,ehabilitation Services and Staff; Problem Properties Management; Housing
Trust; Purchase/Rehabilitation/P,esale; Rental Unit Rehabilitation (Emergency Code
Enforcement Loan Program; Moderate Income Rental P,ehab Loan Program;
Accessibility P,ehab; Single Room Occupancy P. ehab);
Neighborhood and Community Development Programs: Accessible Curb
Ramps; Child Care Resource and P,eferral; Community Partnership Program (cp2);
Deer Management Food Program; Downtown Resource Guide; Dubuque Dispute
Resolution Center; Information and P,eferral Service; Leadership Training;
Neighborhood Development Services and Staff; Neighborhood Grants; Neighborhood
Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk
Program; Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Senior
Center; Washington Tool Library; Fair Housing Education; Zoning Inspection/
Enforcement
Economic Development Programs: Commercial/Industrial Building P,ehab Loan
Program; 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, Planning Administration
No funds will be committed pdor 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.
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 the said projects.
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 7th day of April 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\Usem~a, KRAMER~ERR'~Ann ual Err~ROFres.doc
Exhibit A
COMBINED PUBLIC NOTICE
NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS
Dated and Published April 11, 2003
Housing and Community Development Department
1805 Central Ave
Dubuque, Iowa 52001-4864
563-5894239
Projects for Community Development Block Grant
Program Year 2003 (Fiscal Year 2004)
These Notices shall satisfy two separate but related procedure 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 identifie 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 April 28 2003 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 2003 (Fiscal Year
2004) including:
Community Development Block Grant Annual Plan Projects
Program Year 2003 (Fiscal Year 2004)
Housing Programs: First Time Home Buyer Program; H!stonc Preservation;
Homeowner Rehabilitation (Operation: Paintbrush; Operation UPkeep; Residential
Rehabilitation Loan Program; Sewer Connection Loan); Housing Planning/
Administration Services and Staff; Homeowner Grants; Housing Code Enforcement;
Housing Rehabilitation Services and Staff; Problem Properties Management; Housing
Trust; Purchase/Rehabilitation/Resale; Rental Unit Rehabilitation (Emergency Code
Enforcement Loan Program; Moderate Income Rental Rehab Loan Program;
Accessibility Rahab; Single Room Occupancy Rahab);
Neighborhood and Community Development Programs: Accessible Curb
Ramps; Child Care Resource and Referral; Commun ty Partnership Program (cp2);
Deer Management Food Program; Downtown Resource Guide; Dubuque Dispute
Resolution Center; Information and Referral Service; Leadership Training;
Neighborhood Development Services and Staff; Neighborhood Grsnts; Neighborhood
Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk
Program; Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Senior
Center; Washington Tool Library; Fair Housing Education; Zoning Inspection/
Enforcement
Economic Development Programs: Commercial/industrial Building Rehab Loan
Program; 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, Planning Administration
The City of Dubuque has found that the aforementioned projects have no significant
effect on the environment based on the following facts and reasons: I) 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 potentEai adverse impacts a d
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 mpacts 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 Monday April 28 2003 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 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 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 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~An~ual Err\EXHibitANOT.doc
Request for Release of Funds
and Certification
U.S. Department of Housing
and Urban Development
Office of Corsmunity Planning
and Development
OM~ Nc,. 2506-0987
(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 s[atutes 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 rsinutes 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 inforrsation. Thi!s 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 (t~o be completed by Responsible EnlJl~)
1. Program Title(s) i 2. HUD/State Iden~fication Number 3. Recipient Identification Number
(optional)
C~ity Development Block Gra~t {
4. 0~ CSt~JOg Numb~r(~)
6. For informa~on about this request, contact (name & phone number)
Aggie Hramer,
Centre, 10909 Mill valley' Hoed,
Omaha, NE 68153
B-08-~C-19-0004 { =~-u0v=S~6
5. Name and address of re~
City of Dubuque
City Hall 50 Wes~
Dubuque IA 5200:
onsiMe entity
, 13th Street
.-4864
The recipient(s) of assmstance under the program(s) Hsted above requests the release of funds and reraoral of enmqrenmeutal grant
conditions governing the use of the assistance for the following I
9. Program ActivEy(ies)/Projeut Name(s) 10. L~catJon (Street addresS, city, county, State)
Community DEvelopment Block grant Program City of Dubuque, ~ubuqu~ County, Iowa
A~nual Plan for Program Year 2003 (Fiscal
Year 2004)
11. Pmgram A~vi~est Description
Housing Programs= First Time Home Buyer Program; Historic P~eservation Homeowner
Rehabilitation (ODeration: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan
Program; Sewer Connection Loan); Housing Planning/ Administrat~on Services and Staff
Homeowner ~rante; Housing Code Enforcement; Housing ~ehabilita[iOn Se=vices and Staff
Problam Properties Man-agar--=t; No=sing T-~et; ~urcha~e/Nehabil~tation/ Resale; Rental
~nlt aehabilitation (Emergency Code Enforcement Loan Program; ~oderate Income Hantal
Rehab Loan Program~ Accessibility Rahab; Single Room Occupancy!Rahab);
Neighborhood and Come,unity Development Programs: Acceseibl~ Curb ~am~e~ Child Care
Reeouree and Referral; Community Partnership Pro,ram (cp2); De~r Management Food Program~
Downtown Hesource Gui~e; Dubuque Dispute Resolution Center~ In~ormatlon and Referral
Service; Leadership Trainlng: Neighborhood Development Servlee~ and Staff; Neighborhood
Grants~ Neighborhood infrastructure Improvements (Neighborhoo~[Street Overiaye;
Neighborhood Sidewalk Program; Neighborhood Step/Wall Repair);!Neighborhood Recreation
Program; Senior Center; Washington Tool Library Fair No=sing Education; Zoning
InSpection/ En£orcament i
Econo~ic Development Programs: Co~rclal/Lnduetrial Building Rahab Loan Program;
Economic Development Financial Assistance Program; Economic DeVelopment Program Services
and Staff {
Planning and [dministration: CDBG Administration Services and Staff; Finance Se~¢i=ee
and 8taffl City Planning Services and Staff, Planning Ac~inist~atlon
Previous edi§or~ are obsolete form NUD*70tS.lti
Part 2. Environmental Certifleati~n (to be completed by responsible entity)
With reference to the above Program Activity(ies)/Pr~ect(s), I, the undersigned officer of the responsible entity, certify that:
1. _The responsible entity has ~t!y caused out its resppnsibi!~ties for environmental review, d~ision-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 i~ 24 CFR 58.5; and also agrees m comply with the authorities in 24 CFR 58.6 and applicable State and local laws.
3. A~ter considering the .type and degree of environmental effects identified by the environmental re~qew completed for the proposed
projectdescribedinPart I ofthisreqnast, Ihavefoundthatthepmposal[~did ~dno!requL~ethepreparationaud~ssemination
of an environmental impact statemeat~
4. The responsible entity has disseminated and/or published in the manner prescribed by 24iCFR 55.43 and 58.55 a notice to the public
in accordance with 24 ~ 58.70 and as evidenced by the aCmched copy (copies) er evidence ef ~,~osting and mailing pmced~,u'e.
5. The dates for ail stammer and reguiatoEr time periods for review, comment or other action are in compliance with procedures and
requirements of 24 ~ Par~ 58.
6. In accordance with 24 CFR 58.71 Co), the responsthm etu~ty will admse the remp~ent 0f d~fferent from the responsthle ennty) of may
special environmental conditions that must be adhered to in carrying out the project.
As the duly designated certif3'ing official of the responsible entiXy, I also cert~y that:
7. I am author/zed to and do consent to assume the stems of Federal official under the Natidnal Environmental Policy Act of 1969 and
each provision of law designated in the 24 {2~1< 58.5 list of NEPA-related authorities in~ofar as the provisions of these laws apply
m the HUD respons~b~!/ties for environmental review, decision-making and action that hfive been assumed by the responsible entity.
8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction o !the Federal courts for the enforcement of
all these responsibilities, in m,v capacity as certifying officer of the responsible entity.
Signature of, Certifying Officer of ~he Respons[aie Entity
X
Address of Certifyin~ Off. er
5~ West 13th Street
Dubuque. Iowa 52001-4864
Tiffe of Certi~ing Officer
~ayor City o~ Dubuque Iowa
Date signed
Part 3. To be completed when the Recipient is not the Responsible Entity
The recipient reqne sB the release of _fi:axd s for the programs aud activities ideal_fi_ed in Pa_~ ! and agrees to abide by the special conditions~
procedures and requirements of the enxdroamental review and to advise the responsible entity of any proposed change in the scope of
the ~ro,iect or any change in environmental conditions in accordance with 24 CFR 58.71Co).
x
Warning: HUD will ~'osecute false claims and statement~. Conviction may result in criminal and/or civil permlti }s. (18 U.S.C. t 001,1010, 1012; 31 U.S.C. 3729,
3a02)
Previous editions are obsaiete form HUD-701S.I$ (1/99)