HOME Investment Partnership ProgramRESOLUTION NO. 202-00
A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF
FINDING OF NO SIGNIFICANT IMP ACT ON THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF FUNDS FOR THE HOME INVESTMENT
PARTNERSHIP PROGRAM
Whereas, the City of Dubuque will enter into a contract and Funding Agreement providing
for financial assistance with the Iowa Department of Economic Development for an award of
funds under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as
amended; and
Whereas, pursuant to the rules and regulations as promulgated by the Iowa Department of
Economic Development (IDED), for the HOME Investment Partnership Program, the Housing
Services Department has after due consideration, determined that the project is not a major
federal action significantly affecting the quality of the human environment.
Whereas, based on said environmental review, the City of Dubuque Housing Services
Department 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 ofIntent
to Request Release of Funds for the HOME Investment Partnership Program and to make the
Environmental Review Record for said project available for public inspection and comment until
4:30 p.m. on June 5, 2000. 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 and Housing Services Department 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 Iowa Department of Economic 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 Iowa Department of Economic
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 15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 9,2000
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 HOME Investment Partnership Program
.
Housing Services Manager David Harris is recommending the Publication of
Combined Notice of Finding of No Significant Impact on the Environment and
Notice of Intent to Request Release of Funds for HOME Investment Partnership
Program
I concur with the recommendation and respectfully request Mayor and City Council
approval.
tMJJ~,,(lhk
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
David Harris, Housing Services Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
May 5, 2000
To: Micha, Yr Milligen, City Manager
From: DaviJ1Ums, Housing Services Director
Subject: Publication of Combined Notice of Finding of No Significant Impact on the
Environment and Notice ofIntent to Request Release of Funds for
HOME Investment Partnership Program
Introduction
This memorandum transmits a proposed resolution authorizing the publication of a combined
Notice of Finding of No Significant Impact on the Enviromnent and Notice ofIntent to Request
Release of Funds for HOME Investment Partnership Program,
Backl!round
The City of Dubuque received HOME Investment Partnership Program funds from the Iowa
Department of Economic Development,
Iowa Department of Economic Development (IDED) regulations require the City to assess and to
publish an enviromnental review finding for this project. This notice allows 15 days for citizen
comments on the environmental assessment of this project. Following the public comment period,
the City may file a Request for Release of Funds with IDED,
Discussion
Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has carried out
its responsibilities according to regulations, The approval of the attached resolution and the
publication of its accompanying public notice are required procedural steps for securing the
release of HOME funds,
Recommendation
Staff recommends that the City Council authorize publication of the combined Notice of No
Significant Impact on the Enviromnent and Notice ofIntent to Request Release of Funds for this
activity, Copies of the enviromnental review record will be made available to the public and
interested agencies, Public comment will be accepted until 4:30 p,m, on June 5, 2000 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 Kramer, Community Development Specialist
cdb~\err\emnem.doc
. Exhibit A
COMBINED PUBLIC NOTICE
NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS
May 19,2000
Housing Services Department
City of Dubuque
1805 Central
Dubuque, Iowa 52001-4864
319-589-4231
These Notices shall satisfY two separate but related procedural requirements for HOME
Investment Partnership Program activities to be undertaken by the City of Dubuque, Iowa.
.
FINDING OF NO SIGNIFICANT IMPACT
The City of Dubuque has determined that the project will have no significant impact on the human
environment. Therefore, an Environmental Impact Statement under the National Environmental
Policy Act of 1969(NEP A) is not required. Additional project information is contained in the
Environmental Review (ERR) on file at the Office of the City Clerk in City Hall, 50 West 13th
Street and the Housing Services Department, 1805 Central Avenue, Dubuque, Iowa and may be
examined or copied weekdays 8:00 A.M. to 5:00 P.M.
REOUEST FOR RELEASE OF FUNDS
After June 5, 2000 the City of Dubuque will submit a request to the Iowa Department of
Economic Development (IDED) for the release of HOME Investment Partnership Program funds
under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended.
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 Services Department, 1805 Central,
Dubuque, Iowa 52001. All comments received by June 5, 2000 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 Iowa Department of Economic 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. IDED's approval of the certification satisfies its
responsibilities under NEP A and related laws and authorities, and allows the City of Dubuque to
use HOME funds.
.
.
.
OBJECTIONS TO RELEASE OF FUNDS
IDED 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 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 IDED; 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 the Iowa Department of Economic Development,
Division of Community and Rural Development, 200 E. Grand Ave., Des Moines, IA 50309.
Potential objectors should contact IDED to verifY the actual last day of the objection period.
Terrance M. Duggan, Mayor
F:\VSERS\AKRAMER\MYDOCS\CDBG\ERR\HOME\EXANOT.ERR
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Request for Release of Funds u.s. Department of Housing OMS No. 2506-0087
and Urban Development (exp.613012001)
and Certification Office of Community Planning
and Development
. 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.
Part 1. Program Description and Request for Release of Funds to be completed by Responsible Entity)
1. Program Title(s) 2. HUD/State Identification Number 3. Recipient Identification Number
HOME Investment Partnership Program 99-HMS-135-21 (optional)
42-6004596
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4. OMB Catalog Number{s) 5. Name and address of responsib6e entity
City of Dubuque
City Hall, 50 West 13th Street
6. For information about this request, contact (name & phone number) Dubuque, Iowa 52001-4864
Aggie Kramer, Community Development Specialist
Community and Economic Development Department 7. Name and address of recipient (if different than responsible entity)
8. HUD or State Agency and office unit to receive request
Iowa Department of Economic Development
Division of Community and Rural Development
200 E. Grand Ave. Des Moines, IA 50309
The recipient(s) of assistance under the program(s) listed above requests the release of Cunds and removal DC 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, State)
HOME Investment Partnership Program for Low-income Rental City Wide
Properties Dubuque, Dubuque,County, Iowa
.11. Program Activity/Project Description
The program is designed to provide long-term, low-interest housing rehabilitation loans to owners of units to be rented at affordable
levels to Dubuque very-low and low-income households, 20 - year, 3 % loans will be made up to $15,000 per unit on a sliding matching
basis. OWners of assisted units must agree to keep rents affordable in all units for up to 15 years.
.
Previous editions are obsolete form HUD-7015.15 (1/99)
.
'Part 2. Environmental Certification (to be completed by responsible entity)
With reference to the above Program Activity(ies)/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
Envirorunental 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 proposal I did ~ 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.
S. 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(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 NEP A-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 responsible
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.
Signature of Certifying Officer of the Responsible Entity I Trtle of Certifying Officer
T . Duggan, M
Oat igne
X
Address of Certifying Officer
50 West 13th Street, Dubuque, Iowa 52001
Part 3. To be completed when the Recipient is not the Responsible Entity
The recipient requests the release of funds 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 chang-e in environmental conditions in accordance with 24 CFR 58.71(b).
Signature of Authorized Officer of the Recipient Title of Authorized Officer
Date signed
x
Warning: HUDwilprosecutefatseclaimsandstatements. Conviction mayresultin aiminal andlorcivil penalties. (18U.S.C. 1001,1010.1012; 31 U.S.C.3729.3802)
.
Previous editions are obsotete
form HUD-7015.15 (1/99)