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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)