Brewery Rehab NoticesMEMORANDUM
August21,2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Resubmittal 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
The City of Dubuque submitted a request for release of funds for the Brewery
Rehabilitation Project and has recently been informed that the Council review process
must be once again initiated. Housing and Community Development Director David
Harris is proposing a resolution authorizing the publication of a combined Notice of
Finding of No Significant Impact on the Environment and Notice to Request Release of
Funds for the project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/ksf
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Director
MEMORANDUM
To:
From:
August 20, 2003
Mich.ae! ~an Milligen, City Manager
David I-Parris, Housing and Community Development Department
Subject:
Resubmittal 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
The City of Dubuque submitted a request for release of funds for the Brewery
Rehabilitation Project and has recently been informed that the Council review process
must be once again initiated. 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 project.
Background
An environmental review was completed on the former Dubuque Star Brewing
Company in July 2003. As part of the review process, the Iowa State Historic
Preservation Office (SHPO) is required to comment on the project. Following their
comment, a ,finding ~ no sign~cant impact and request for release df funds can be
submitted
The City had requested comment from SHPO, who approved the request on July 29
2003. Since final SHPO approval was received after the Council's approval on July 22"d
the review and comment period by the Cit-! must again be initiated.
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. A commercial/industrial building rehabilitation loan funded with Community
Development Block Grant (CDBG) funds has been awarded for this project. As
construction plans are formulated appropriate material will be submitted to the SHPO
office for approval as required by their approval.
The City of Dubuque must publish a notice of environmental review finding for projects
to be funded ~th CDBG funds. This notice allows 15 days for citizen and public agency
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).
Discussion
Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has
carded 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 f~ands for this project.
Recommendation
1 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 on Monday September 22, 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:~.iJser S'-ATAU KE".,ER RABrewery~Bmwer y ERRmerno.mvm.dec
RESOLUTION NO.296-03
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 THE BREWERY
REHABILITATION PROJECT.
Whereas, the City of Dubuque entered into a Community Development Block
Grant Agreement 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 bccn
prOCessed for the Brewery Rehabilitation Project; and
Whereas, based on said environmental review, the Depai [~ent 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 September 22, 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 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. Depa~.ent 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.
Passed, approved and adopted this 2ndday of Sep~3~ 2003. ~ (,-)
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:'~Usem~,ATAU KE",,E RR~,Br ewery~BrewreyE RR2-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: September 5, 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. Additiona!
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 September 22, 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 Historic Preservation Office for approval
pdor to commencing rehabilitation.
PUBLIC COMMENTS
Any individual, group or agency disagreeing with this determination or wishing to
co~t 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 ara
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 pedod 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 wdtten 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 vedfy the actual last day of the objection pedod.
Te,,Tance M. Duggan, Mayor
F:\U SERS~.~,KRAMER~.ERR~Bre~.. ery~-L~'e~eryE?-~A-do¢
*Reqdest 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.
1. Program T~le(s)
Cca~unity Develo[~nent Block Grant (CDBG)
4. OMB Catalog Numbe~(s)
For information ~bout this request, contact (name & phone number)
Aggie Tauke, C~,,-n!~ De~elopme-nt
c..~h~ NE 68154-3955
0 be completed by Responsible Entity)
2. HUD/State ;,.~.~;~;catJon Number 3.(optional)Recipient Ir:=.~;;;~,=~;on Number
B-02-MC-190004 42-6004596
5. Name ~,~d address of responsible entity
Cit~ of Dubuque
Cit~ Hall 50 West t3th Street
Dubuque IA 52001
Name and address of recipient (if different than responsible en~/)
The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of en~iromnental grau
conditions governing the use of the nssistanee for the following
9. program Acfivity(ies)lProject Name(s) 10. Location (Street address, city, county, State)
Brewery Rehabilitation 500 East 4th Street, City of Dubuuqe, Dubuque
County, Iowa
11. Program Activ~y/PmjectDesctipfion
The ~roject will provide for the rehabilitation of the existing building known as the
former Dubuque Star Brewing Co. any in the City of Dubuque, Dubuque County, Iowa in
Census Tract 2, Block 2. The pro~ect involves renovation of the structure for commercial
and office =sss, removal of the existing metal building and site improvements to create
off street ~arking.
form HUD-7015.15 (1/99)
Previous editiens are obsoiete
'Part 2. -Envlrunmunfml Certific~tlon (to be complewd by responsible entity)
With reference to the above Program Activity(ios)/Project(s), I, the undersigned officer of the responsible entity, certify that:
1. The responsible entity has fully carried 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 m comply with the authorities in 24 CFR 58.6 and applicable State and local laws.
3. After considering the type und degree of onvimnmuntal effects identified by the environmantal review compieted for the Proposed
project described inPast 1 ofthis request, I have found that the PrOposal[]dld ~] did not require the preparation and dissemination
of an environmental impact smtemem.
4. The responsible entity has dlsseminatod and/or published m the mauner prescribed bY 24 CFR 58-43 and 58.55 a n°nee t° the ppblic
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 recipient (if different from the resp°nsible ontitY) of any
special environmental conditions that must be adhered m in carrying oat the project:
As the duly designated certifying official of the responsible entity, I also certify that:
7. I am authorized to and do consent m assume the status of Fedural official under thc NationalEnvironmental Policy Act of 1969 and
each provision of law designated in the 24 CFR 58.5 list of NT~PA-reintod 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 unthorized to and do accspt, on behalf of the recipiunt personally, the jurisdiction of the Federal onurts for the enforcement °f
all thesc responsibilities, in my capacity as certifying officer of the responsible entity.
Signature of Certifying Oft'~er of the Responsibte Entity
X
Address of Certifying Officer
"[-~fle of Car[flying
Mayo= C1~/,- oE
Date signed 09./'22/2003
Part 3, To be completed when the Recipient is no~ the Responsible Entity
The recipient requests the release of funds for the programs and act~wttes identified m Part I and agrees to abtde by the special conditions,
.~,.a .... a .~_~_firemcnts of the environmental reviow and to advise the responsible ontitY of any prop°seal change in the scope of
the project or any eh~nEe in environmental conditions in acco~nee wi~ 24 CFR 58.71(t>).
Sign~are of Author[zed Officer of the Recipient i'i-~e of A~zed Officer
t Date signed
X
3802)
form HUD-7015.15 (1/99)
Previous editions are absolete