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Notice of FONSI_Caradco, LLLP, ProjectMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for Release of Funds and Certification Caradco Building Project DATE: March 15, 2011 Housing and Community Development Department Director David Harris recommends City Council approval of a resolution authorizing execution for the Request for Release of Funds and Certification for the Community Development Block Grant (CDBG) disaster recovery funds for the Caradco Building project. The City Council has received $8.9 million in Community Development Block Grant (CDBG) Disaster Recovery funds from the Iowa Department of Economic Development for the Caradco Building project. The project involves the conversion of the Caradco Building at 900 Jackson Street from a warehouse into multi - family residential housing by Gronen Restoration. The City of Dubuque published a Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds (FONSI /RROF) on March 16, 2011. This required notice allows 15 days for citizen and public agency comments on the environmental assessment of these programs. Public comment will be accepted until 5:00 pm on March 31, 2011 and will be taken into account before proceeding with the request for release of funds. The City may then file a Request for Release of Funds and Certification (RROF) with the Iowa Department of Economic Development. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment ael C. Mic Van Milligen Dubuque All-America City 1 2007 cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director Masterpiece on the Mississippi To: Mich I Van Milligen, City Manager From: David aryls, Housing and Community Development Department Subject: Request for Release of Funds and Certification Caradco Building Project Date: March 15, 2011 Dubuque 2007 Introduction This memorandum transmits a proposed resolution authorizing execution of the Request for Release of Funds and Certification for the Community Development Block Grant (CDBG) disaster recovery funds for the Caradco Building Project Background The City Council has received $8.9 million in Community Development Block Grant (CDBG) Disaster Recovery funds from the Iowa Department of Economic Development for the Caradco Building Project. The project involves the conversion of the Caradco Building at 900 Jackson Street from a warehouse into multi - family residential housing by Gronen Restoration. The City of Dubuque published a Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds (FONSI /RROF) on March 16, 2011. This required notice allows 15 days for citizen and public agency comments on the environmental assessment of these programs. Public comment will be accepted until 5:00 pm on March 31, 2011 and will be taken into account before proceeding with the request for release of funds. The City may then file a Request for Release of Funds and Certification (RROF) with the Iowa Department of Economic Development (IDED). Recommendation I recommend that the City Council authorize the Mayor to execute a Request for Release of Funds and Certification fifteen (15) days after publication of the FONSI /RROF for the Caradco Building project and submit to the Iowa Department of Economic Development. Action Step The action step is for the City Council to adopt the attached resolution. Prepared by Aggie Tauke, Community Development Specialist F:\ USERS \ATAUKE\ERR \Caradco \Caradco environmental memo.mvm.doc RESOLUTION NO. 95 -2011 (95-11) A RESOLUTION AUTHORIZING REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR IOWA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING DISASTER RECOVERY FUNDS FOR THE CARADCO BUILDING PROJECT. Whereas, the City of Dubuque has been awarded Iowa Community Development Block Grant Housing Disaster Recovery funds from the Iowa Department of Economic Development, 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 Iowa Community Development Block Grant Housing Disaster Recovery funds; and Whereas, a Notice of Intent to Request Release of Funds for said grants has been published on March 16, 2011 to commence the required fifteen (15) day comment period; 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, and Whereas, a Request for Release of Funds and Certification must be sent to the Iowa Department of Economic Development (IDED) at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification on or about March 31, 2011 and submit to the Iowa Department of Economic Development. Section 2. 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 3. 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 process, decision - making and action. Attest: Passed, approved and adopted this 21 day of March 201 Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION IOWA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Pursuant to Section 104(g) of Title 1, Housing and Community Development Act of 1974, and Section 17(c) of the U.S. Housing Act of 1937). Recipient Name: City of Dubuque, Iowa Contract Number: 08 -DRH -212 Recipient Address: 50 West 13 Street, Dubuque, Iowa 52001 For information on this request, contact (usually the grant administrator): Contact Name: David Heiar, Economic Development Director Contact Phone Number: 563 - 589 -4393 PART 1. REQUEST FOR RELEASE OF FUNDS The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of grant conditions governing the use of the assistance for the following: Caradco Building : Multi - family Rental Unit Production — Round 2 PART 2. ENVIRONMENTAL CERTIFICATION With reference to the above Program Activity /Project, I, the undersigned officer of the recipient, certify that: • The recipient has fully carried out its responsibilities for environmental review, decision - making and action pertaining to this project named above. • The recipient has complied with the National Environmental Policy Act of 1969, as amended, and with the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5. • The recipient has taken or will take into account the environmental criteria, standards, permit requirements and other obligations applicable to the project or program activity under other Federal, State and local laws that the recipient has the direct responsibility to comply with. • After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal did not require the preparation and dissemination of an environmental impact statement. • The recipient has, prior to submitting this request for the release of funds and certification, published in the manner prescribed by 24 CFR 58.43 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies). • The dates upon which all statutory and regulatory time periods for review, comment or other action, following the completion of the environmental review for the project/program activity, began and ended as indicated below in compliance with the procedures and requirements of 24 CFR 58. How was SHPO Section 106 Compliance Completed? (mark ■ State Historical Preservation Office (SHPO) Concurrence letter: Date ❑ 2008 Disaster Programmatic Agreement (PA): Project activity Normally Requiring Consultation with SHPO. (attach Exempt from ❑ USDA Lead Federal Agency ❑ SHPO Concurrence: Date of letter: (attach letter) one): of letter: January 13, 2011 (attach letter) on list of Undertakings Not SHPO Review, Project Determination Form) for Section 106 Compliance (mark one): Agreement (attach documentation) ❑ Exempt from SHPO review under USDA Programmatic ❑ Advisory Council on Historic Preservation (ACHP) Review Commence Expire Item Publication Date: Notice of Proposed Project to be Located Local Comment Period: in a Floodplain or Wetland (15 day comment period) Publication Date: Notice of Decision Regarding Project to be Located Local Comment Period: in a Floodplain or Wetland (7 day comment period) Publication Date: 3/16/2011 3/17/2011 3/31/2011 Combined Notice: Finding of No Local Comment Period: Significant Impact and Intent to (15 day comment period) Request Release of Funds State Comment Period: (15 day comment period) 4/1/2011 4/15/2011 Publication Date: Notice of Intent to Request Local Comment Period: Release of Funds (7 day comment period) (Use only for Categorically State Comment Period: Excluded Projects subject to (15 day comment period) related Federal laws and Authorities) As the duly designated certifying official of the recipient, I also certify that: I am authorized to and do consent to assume the status of responsible federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA - related authorities insofar as the provision of these laws applies to the HUD responsibilities for environmental review, decision- making and actions that have been assumed by the recipient. By so consenting, I have assumed the responsibilities for the conduct of environmental review, decision - making and actions as to environmental issues, preparation and circulation of draft, final and supplemental environmental impact statements, and lead agency or cooperating agency responsibilities for preparation of such statements on behalf of federal agencies including HUD, when these agencies consent to such assumptions. I am authorized to and do accept, on behalf of the recipient and personally, the jurisdiction of the federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the recipient. Roy D. Buol, Mayor City of Dubuque,lowa Signature and Title of the Certifying Officer of Applicant WARNING: Section 1001 of Title 18 of the United States Code and the Criminal Procedure shall apply to this certification. Title 18 provides, among other things, that whoever knowingly makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any manner within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned not more than five years or both. NOTE: When submitting this form to IDED, be sure it includes an original signature of the certifying officer and is accompanied by the certificate of publication for or copy of the environmental notice.