Washington Ct Housing Proj. notices 3/3/2005
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MEMORANDUM
March 1, 2005
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
Washington Court 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
Washington Court Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(Ill fL/ 01JL
vV It 17' ,
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department
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MEMORANDUM
February 28, 2005
From:
Micha1rvrn Milligen, City Manager
" '\.
David H' 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
Washington Court 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 Washington Court Project
Backaround
The City Council has approved the use of Community Development Block Grant
(CDBG) funds for the Washington Court Project. The project provides for the
acquisition and rehabilitation of the Dubuque Casket Company Building located at 1798
Washington Street and the adjoining property at 1745 Elm Street to create 36
affordable rental housing units, office space and parking.
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
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 Washington Court Project. Copies of the environmental review record
will be made available to the public and interested agencies, Public comment will be
accepted until 5:00 pm on March 28, 2005 and will be taken into account before
proceeding with the request for release of funds,
Action SteD
The action step is for the City Council to adopt the attached resolution.
Prepared by Aggie Tauke, Community Development Specialist
F:IUsersIATAUKEIERRIWash CourtlWash Court memo.mvrn.doc
RESOLUTION NO. 69-05
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 WASHINGTON COURT
PROJECT.
Whereas, the City of Dubuque has received a Community Development Block
Grant (CDBG) 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 Washington Court 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 Washington Court Project and to
make the Environmental Review Record for said project available for public inspection
and comment until 5:00 pm on March 28, 2005. 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. 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 is and he is hereby authorized
and directed to execute a certification pertaining to the environmental review
procedures.
Passed, approved and adopted this 7 t h day of March, 2005.
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: March 11, 2005
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 Community Development Block Grant (CDBG)
funds for the following project:
Washington Court Project
Acquisition of the Dubuque Casket Company Building located at 1798
Washington Street and the adjoining property at 1745 Elm Street in the City of
Dubuque, Dubuque County, Iowa. The building at 1798 Washington will be
renovated into 36 affordable rental-housing units and office space. The building
at 1745 Elm will be demolished and parking will be created for the adjoining use.
The developer, Community Housing Initiatives, Inc, will be applying for federal
historic tax credits.
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 Washington Court Project identified for
use with 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 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 March 29, 2005, 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 Washington Court 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. This review is conditioned on the project's successful completion
of the historic rehabilitation tax credit review process, with Part 1 submitted to the Iowa
State Historic Preservation Office by April 3, 2005.
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
Washington Court Project to use Community Development Block Grant (CDBG) 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 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 Community Development Block Grant (CDBG) 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:\UsersIATAUKE\ERR\Wash Court\Wash Court EXHA.doc
Request for Release of Funds
and Certification
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
OMS No. 2506-0087
(exp.12/31/2007)
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 OMS control number.
Part 1. Program Description and Request lor Release 01 Funds (to be completed by Responsible Entity)
'~::~:"i :~e(~:Velopment Block Grant ... (CDBGl ul2' HUD/siat';ldentmcabOf1I'lU';'b~~~~:~~~jldent;iicabOn Nu';'b",
B-04-MC-19-0004 I' 42-6004596
-- - -------+-_..~ - ----
4. OMB Catalog Number(s) : 5. Name and address of responsible entity
LCITY OF DUBUQtIB
___________ CITY BALL 50 WEST 13TH STREET
6. For information about this request, contact (name & phone number) DUBUQUE IA 52001-4864
AGGIE TAUKE, COMMUNITY DEVELOPMENT SPECIALIST__ ..
563 -589-4212 '"l'.' 7. Name and address of recipient (if different than responsible entity)
8. HU D or State Agency and office unit to receive request
BUD, OMAHA AREA OFFICE, EXECUTIVE TOWER
CENTRE, 10909 MILL VALLEY ROAD, OMAHA, HE
78153
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) 110. location (Street address, city, county, State)
WASHINGTON COURT PROJETC ,1798 WASHINGTON STREET AND 1745 ELM STREET,
. DUBUQUE COUNTY, DUBUQUE, IOWA
_----.L
11. Program Activity/Project Description
Acquisition of the Dubuque Casket Company Building located at 1798 Washington Street and
the adjoining property at 1745 Elm Street in the City of Dubuque, Dubuque County, Iowa.
The building at 1798 Washington will be renovated into 36 affordable rental-housing units
and office space. The building at 1745 Elm will be demolished and parking will be created
for the adjoining use. The developer, Community Housing Initiatives, Inc, will be applying
for federal historic tax credits.
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)lProject(s). T, 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 res-ponsible 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 1 of this request. I have found that the proposal D did [l]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 CPR 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 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 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.
Title of Certifying Officer
MAYOR CITY OF DUBUQUE IA
Signature of Certifying Officer of the Responsible Entity
Date signed
03/29/2005
X
Address of Certifying Officer
CITY OF DUBUQUE
50 WEST 13TH STREET
DUBUQUE IA 52001-4864
Part 3-,-To be completed wh~n the Recipien!Is not the Respons~ible Entity
The recipient requests the release offunds 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 o~__~_~y-~hange in envir~_nIp_ental condition~s)~ accordance with 2<!_~_FR 58.71(b).
Signature of Authorized Officer of the Recipient Title of Authorized Officer
Date signed
X
Warning: HUD wilt 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 (1/99)