Stealth Race Car EDI Pro Notice
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MEMORANDUM
September 13, 2004
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 the
Stealth Race Cars Property EDI 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 Stealth
Race Cars Property EDI Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1nvU! ~ Yti-
Miéhael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
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MEMORANDUM
September 20, 2004
From:
MiCh~t Van Milligen, City Manager
Davidi~ris, Housing and Community Development Department
To:
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
Stealth Race Cars Property EDI 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 Stealth Race Cars property at 155 East 5th
Street.
Backaround
The City of Dubuque is currently in negotiations regarding the purchase of the Stealth
Race Cars property located at 155 East 5th Street in the Port of Dubuque. $255,000 in
Federal EDI Economic Development Initiative funds has been received to assist in the
acquisition, demolition and cleanup of the site, which will create a vacant parcel for
future redevelopment.
The City of Dubuque must publish a notice of environmental review finding for projects
to be funded with EDI 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
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 Stealth Race Cars property EDI Project. Copies of the environmental
review record will be made available to the public and interested agencies. Public
comment will be accepted until 8:00 am October 11th 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:\Users\ATAUKE\ERR\Stealth Racing\Stea~h ERRmemo.mvm.doc
RESOLUTION NO. 358-04
358
-04
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 STEALTH RACE CARS
PROPERTY EDI PROJECT.
Whereas, the City of Dubuque has received a Economic Development Initiative
(EDI) Special Project grant from the U.S. Department of Housing and Urban
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 Stealth Race Cars Property EDI project; and
Whereas, based on said environmental review, 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 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 former Dubuque Hardwoods/Miller
Logging/ Peavey Grain EDI Project and to make the Environment~1 Review Record for
said project available for public inspection and comment until 5:00 pm on October 19,
2004. Such notice shall be in the form of Exhibit "A" attached hereto and made a part
hereof.
Section 2. Th¡:¡t 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. 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.
Passed, approved and adopted this 20th day of September, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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 24, 2004
TO ALL INTERESTED AGENCIES. GROUPS. AND PERSONS:
Housing and Community Development Department
City of Dubuque
1805 Central
Dubuque, Iowa 52001-3656
563-589-4239
The City of Dubuque will request the U.S. Department of Housing and Urban
Development (HUD) for the release of Economic Development Initiative (EDI) funds for
the following project:
Stealth Race Cars Property EDI Project
Economic Development Initiative (EDI) funds were received by the City of Dubuque
for this project. The funds will be used for the acquisition, demolition and cleanup of
155 East 5th Street, legally described as Lots 7 thru 11,2-12,2-13,2-14 & 2-15,
plus S.E. 6' of Lot 6, all in Block 29 Dubuque Harbor Improvement Company
Addition, and Lots A-11 & 2-11 in Industrial Sub #2, all in the City of Dubuque,
Dubuque County, Iowa. The property currently contains a commercial building
occupied by Stealth Race Cars. The building will be demolished and cleared from
the site. Concrete and asphalt paving and on-grade floors will be removed with
minimal site grading. The site is part of the Port of Dubuque Master Plan and slated
for future redevelopment.
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 Stealth Race Cars Property EDI Project
identified for use with Economic Development Initiative (EDI) 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 Housing and Community Development Department at 1805 Central,
Dubuque, Iowa and may be examined or copied weekdays 8:00 AM. to 5:00 P.M.
REQUEST FOR RELEASE OF FUNDS
On or about October 11, 2004, 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 Stealth Race Cars property EDI 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
adverse effects on historic properties.
PUBLIC COMMENTS
Any individual, group or agency disagreeing with this determination or wishing to
comment on the project may submit written comments to the 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 the
jurisdiction of the federal courts in any action brought to enforce the City's
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 Stealth
Race Cars property EDI Project to use Economic Development Initiative (EDI) 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 ofthe 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;
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 for the use of Economic Development Initiative (EDI) funds 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\A T AUKE\ERR\Steaith Racing\Stealth EDI EXHA.doc
Request 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 forthis 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.
Part 1. Program Descri ion and R ueat for Release of Funds (to be completed by Responsible Entity)
1. Program Trtle(s) 2. HUD/State Identification Number 3. Recipient Identification Number
Bconomic Development Initiative (EDI) (oPtiona41)2-6004596
B-03-SP-IA-0193
6. For infonnation about this request, contact (name & phone number)
Aggie Tauke, Community Development Specialist
5. Name and address of responsible entity
City of Dubuque
City Hall 50 WeRt 13th Street
Dubuque IA 52001-4864
4. OMB Catalog Number(s)
7. Name and address of recipient (if different than responsible entity)
8. HUD or Statø Agency and offica unit to receive request
BUD Omaha Area Office
Executive Tower Centre 10909 Mill Valley Road
Omaha HE
The recipient(s) of assistance under the program(s) listed above requests the release offunds and removal of environmental grant
conditions governing the use of the assistance for the following
9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, Statø)
Stealth Race Cars Property EDI Project 155 Baat 5th Street, Dubuque, Dubuque County
Iowa 52001
11. Program Activity/Project Description
The funds will be uaed for the acquisition, demolition and cleanup of 155 Bast 5th
Street, legally deacribed aa Lots 7 thru 11, 2-12, 2-13, 2-14 & 2-15, plus S.B. 6' of Lot
6, all in Block 29 Dubuque Harbor Improvement Company Addition, and Lots A-ll & 2-11 in
Industrial Sub #2, all in the City of Dubuque, Dubuque County, Iowa. The property
currently contains a commercial building occupied by Stealth Race CarBo The building
will be demoliahed and cleared from the site. Concrete and aaphalt paving and on-grade
floors will be removed with minimal Bite grading. The Bite is part of the Port of Dubuque
Maater Plan and slated for future redevelopment.
Previous editions are obsoletø
fonn HUD-7015.15 (1199)
Part 2...Environmental Certification (to be completed by responsible entity)
~ith reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that:
I. The responsible eutity 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 to comply with the authorities in 24 CFR 58.6 and applicable State and local laws.
3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed
project described in Part I of this request, I have found that the proposalDdid ~did not require the preparation and dissemination
of an environmental impact statement.
4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public
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. 7I (b), the responsible entity will advise the recipient (if different from the responsible entity) of 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 do consent to assume the status of 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 provisions of these laws apply
to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the respousible entity.
8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of
all these responsibilities, in my capacity as certifying officer of the responsible entity.
Tiije of Certifying Officer
Mayor City of Dubuque, IA
Date signed
10/11/2004
Part 3. To be completed when the Recipient is not tbe Responsible Entity
The recipient requests the release oHunds for the programs and activities identified in Part I and agrees to abide by the special conditions,
procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of
the project or any change in environmental conditions in accordance with 24 CFR 58.7I(b).
Signature of Authorized Officer of the Recipient Tiije of Authorized Officer
Date signed
X
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729,
3802)
Previous editions are obsolete
form HUD-7015.15 (1199)
City of Dubuque, Iowa - Env Assessment -Stealth Race Cars property- 155 East 15th Street, Dubuque, IA
ENVIRONMENTAL ASSESSMENT
(24 CFR 58, Section 58.36 revised 1/99)
Responsible Entity [24 CFR 58.2(a)(7}]:
Certifying Officer [24 CFR 58.2(a)(2)]:
Project Name:
Project Location:
Estimated total project cost:
Grant Recipient [24 CFR 58.2(a)(5)]:
Recipient Address:
Project Representative:
Telephone Number:
City of Dubuque, Iowa
Aggie Tauke, Community Development Specialist
Stealth Race Cars Property
EDI Project
155 East 5th Street
Dubuque, Dubuque County, IA
$255,000 (EDI grant amount only)
City of Dubuque
50 West 13th Street, Dubuque IA 52001
William Baum
563-589-4393
Conditions for Approval: (List all mitigation measures adopted by the responsible entity to eliminate or
minimize adverse environmental impacts. These conditions must be included in project contracts or other
relevant documents as requirements.) [24 CFR 58.40(d), 40 CFR 1505.2(c)]
FINDING: [58.40(g)]
0 Finding of No Significant Impact
(The project will not result in a significant impact on the quality of the human environment)
0 Finding of Significant Impact
(The project may significantly affect the quality of the human environment)
Date: ~ /0 d¿)Q f'
auke Community Development Specialist City Dubuque, Iowa
Preparer Signature:
Title/Agency: Aggi
Certifying Officer Signature: Date:
Title/Agency: Terrance M. Duggan Mayor City of Dubuque, Iowa
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