Brewery Rehab Proj, Environ. NoMEM O.RA N D UM
July 14, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Publication of Combined Notice of Finding of No Significant Impact on the
Environment and Notice of Intent to Request Release of Funds for the
Brewery Rehabilitation 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 Brewery
Rehabilitation Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C van Milflgen
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
To:
From:
July 14, 2003
Micha~{~/an Milligen, City Manager
David R~¥ris, Housing and Community Development Department
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
Brewery Rehabilitation 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 Brewery Rehabilitation Project
Backqround
The City of Dubuque has selected the Alexander Company to rehabilitate the existing
building known as the former Dubuque Star Brewing Company located in the Port of
Dubuque. The project involves renovation of the structure for commercial and office
uses, removal of the existing metal building and site improvements to create off street
parking. The property is located on the 4~ Street Peninsula in Ice Harbor Urban
Renewal District. A commercial/industrial building rehabilitation loan funded with
Community Development Block Grant (CDBG) funds has been awarded for this project.
The City of Dubuque must publish a notice of environmental review finding for projects
to be funded with CDBG 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 CDBG funds with the U.S. Department of Housing
and Urban Development (HUD).
Discuss,ion
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 Brewery Rehabilitation Project. Copies of the environmental review
record will be made available to the public and interested agencies. Public comment
will be accepted until 8:am August 11, 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 Tauke, Community Development Specialist
F:\U sers~ATAU KE~ERR'~Brev/e~Brewery ERRmemo.mvm.doc
RESOLUTION NO. 237-03
A RESOLUTION AUTHORIZING PUBLICATION OF A COMBIN ED NOTICE OF
FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF FUNDS FOR THE BREWERY
REHABILITATION PROJECT.
Whereas, the City of Dubuque entered into a Community Development Block
Grant Agreement with the U.S. Depa~ment 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 Brewery Rehabilitation Project; and
Whereas, based on said environmental rev~w 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 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 Brewery Rehabilitation Project and to make the
Environmental Review Record for said project available for public inspection and comment
until 8:00 am on August 11,2003. 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 fflteen (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
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 be and he is hereby authorized
and directed to execute a certification pertaining to the environmental review procedures.
and adopted this 21st day of July, 2003
Passed, approved /s/ Terrance M.Duggan, Mayor
Affest:
~J'eanne F. Schneider, City Clerk
F:\Users'~ATAU KE',E RR'~£ewery~B rewmyERR2-ms-d oc
Exhibit A
CONCURRENT NOTICE
NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT
NOT CE TO PUBLIC OF INTENT TO REQUEST RELEASE OF FUNDS
Date of Publication: July 25, 2003
TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:
Housing and Community Development Department
City of Dubuque
1805 Central
Dubuque, Iowa 52001-4864
319-589-4239
The City of Dubuque will request the U.S. Department of Housing and Urban
Development for the release of federal funds under Title I of the Housing and
Community Development Act of 1974, as amended, for the following project:
Brewery Rehabilitation
The project will provide for the rehabilitation of the existing building known as the former
Dubuque Star Brewing Company in the City of Dubuque, Dubuque County, Iowa in
Census Tract 2, Block 2. The property is located at 500 East 4th Street. The project
involves renovation of the structure for commercial and office uses, removal of the
existing metal building and site improvements to create off street parking.
These Notices shall satisfy 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 Brewery Rehabilitation Project identified
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 Record (ERR) on file at
the City Clerk's Office,City Hall, 50 West 13th Street, and 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 11, 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 Brewery 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; and 5) No significant impacts on properties possessing historical,
archaeological, architectural or cultural significance since the project will comply with
the Secretary of the Interior's Standards and following release of the funds, plans will
be prepared and submitted to the Iowa State Histodc Preservation Office for approval
pdor to commencing rehabilitation.
PUBLIC COMMENTS
Any individual, group or agency disagreeing with this determination or wishing to
comment on the project may submit written comments to 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 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
basis: (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 pedod.
Terrance M. Duggan, Mayor
F:~USERS~AKRAMER~ER R'~Brewery~reweryEXA.doc
OMB No. 2506-0087
Request for Release of Funds u.s. Department of Housing (exp. 11130/2004)
and Urban Development
and Certification office of community Planning
and Development
- ' defined in 24 CFR 58.2) when requesting the release of funds, and
. - Res ohs ble Entities and Recipients (as. r i e for the assumption of the envirsomenta!
Thru form ts to be used by P rams identified by statutes that p~ov d ..... .-- -, ~-~,-,- ',,n is estimateo
re uesting the authority to use such funds, for H~mDmP~nOgtt and States Public reportit~g burden for th~s
revqiew responsibility by units of general local gow ..........
to average 36 minutes per response, including the time for reviewing instructions, searching existing date sources, gathering and
maintaining the data needed, and completing and reviewing the cotiectiso of information' This agency may not conduct or spenser, and
a person is nOt required to respond to, a collection of information unless that collectk)n displays a valid OMB control number.
tO be completed by Responsible Entity)
Part 1. Program Description and Request for Release of Funds ~- ~iffication Number I 3. Recipient [der~ficstion Number
Co~auntty Development: Block: Grant B.02-MC-190004 I 42-6004596
~ ~. Name and address of responsible entity
4. OMB Catalog Number(s) C'rTy OF
6. For information about this request, contact (name & phone number) Dubuclue IA 52001-48
Agg4a Tau¥~e Coa;;~t3.nit~ Develo~t S[3enialiet 7. Name and address of recipient (if dEferent than respons~33ie entity)
8. HUD or State Agency and office unit to recek, e request
Executive Tower Centre
· Vall ~ .
,~log.o~.~.~l~,~.,...~e~. ce ndertheDro am(s)listedaboverequeststherelease°ffundsaadrem°valefenvtr°nmentalgr' t
conditions governing the use of the assistance for the following
9. Program Ac*fivity(ies)/Project Name(s) 10. Location (S~rest address, city, county, State)
Brewar~ ~e~abilitation 500 East 4th Street
11. Program Activity/Project Description
The project will provide for the rehabilitatlon o~= the exiating building known ae the
~ormer Dubuque Star BreWing Company in the City Of Dubuque, Dubuque County, Iowa in
CenSus Tract 2, Block 2. The property ia located at 500 East 4th Street. The project
involves renovation of the structure [or commercial end office uses, removal of the
existing metal building and site improve~ents to create o~f street parking
form HUD-701S.15 (t/99)
Previous editions are obsolete
........ ~../4~;~o~nn r*~ be comolcted by responsible entity)
Part 2. Enwronmental t;ertu~cauv- ~v -- r ~
With reference w the above Program Activity(/es)/Project(s), I, the undersigned officer of the responsible entity, certify that:
. ti ....... -~ o,' its resnousibilities for environmental rewew, decision-making and actton pertaining to
1. The responsible en ty nas xuuy ~,~-~,- ~ r-
the project(s) named above, to with, the National
2. The responsible entity bas assumed responsibility for and complied with and will continue comply
Environmental Policy Act of 1969, as amended, and the enVtronmental procedures, permit reqmremants and statutory obligatmns
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.
After considering the type and degree of environmental effects ~dentdied by the environmental remew completed for the proposed
3. projectdescribedinPartlofthisrequest, ihavefoundthattheproposal[~did ~]didnotrequiretheprepamtionanddissemlnati°n
of an environmental impact statement.
4. The rnsponsible entity hes dissermnated and/or pubhshed m the manner presenbed by 24 CFR 58 43 and 58 55 a n°ttce t° the pobhc
in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing precedure.
5. The dates for all statutory and regulatory tmae periods for remew, comment or other action are m compliance w~th procedures and
requirements of 24 CFR pert 58.
6. Inaccordance with 24 CFR 58'71 (b)' the resp°nsible entity will advise the recipient (if different fr°m the responsible entity) °f 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 d° c°asant w assume the stares °f Federal °fficial ander the Nafi°aal Envir°nmental P°licy Act °f 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 rnspansibilities for environmental rewew, dec,sma-making and action that have been ~ssumed by the responsible entity
8. i am anthorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the anf°rcemeat °f
all these responsibilities, in my capacity as certifying officer of the responsible entity-
Signature of C. er~fying Offer of the Responsible ;n'~ty
i T~e of Ce~ifying Officer
ty o~[ D~buc~e Iow=
X
Address of Ceding ~r
C fry o~
50 West 13t~ ~treet
D~e iA
~ 3. To be comple~ when ~e R~ient ~ not ~e R~nsible E~
The recipient ~uests ~e rele~e of ~ds for ~e pro~s ~d acfi~fi~ ~enfifi~ h P~ 1 a~ a~s to abide by ~e speci~ con.floss,
pr~es and ~emen~ of ~e envkoman~ ~ew ~d to ad~ ~e res~nsible entity of any ~pos~ ch~ge ~ ~e sco~ of
~e project ~ ~y ehanEe in en~nmenml eandifioas in ~n~an~ wi~ ~ CFR 58.71~).
form HUD-70'~5.15 (U99)
Prev[Ous editio~ls ~re obsolete