Release of Funds - Fourth Street Peninsula Acquisition and Clearance
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RESOLUTION NO. 289-00
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 4TIl STREET PENINSULA
ACQUISITION AND CLEARANCE.
Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year
commencing July 1,2000, with the US. 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 US. Department of
Housing and Urban Development, an environmental review has been processed for the 4TIl Street
Peninsula Acquisition and Clearance project; and
Whereas, based on said environmental review, the Department of Community and
Economic 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 ofIntent
to Request Release of Funds for the 4th Street Peninsula Acquisition and Clearance project and to
make the Environmental Review Record for said project available for public inspection and
comment until 5:00 p.m. on July 26,2000. 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 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 US. 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.
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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 ofthe 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 this5th day of
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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Exhibit A
CONCURRENT NOTICE
NOTICE TO PUBLIC OF NO SIGNIFICANT IMP ACT ON THE ENVIRONMENT
NOTICE TO PUBLIC OF INTENT TO REOUEST RELEASE OF FUNDS
Date of Publication: July 10, 2000
TO ALL INTERESTED AGENCIES. GROUPS. AND PERSONS:
Community and Economic Development Department
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
319-589-4393
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:
4th Street Peninsula Acquisition and Clearance Project.
The project will provide for the City of Dubuque to acquire 13 acres and clear the site for future
development. The site is located in the 4th Street Peninsula between Bell Street and the
Mississippi River, Dubuque, Dubuque County, Iowa in Census Tract 2, Block 216.
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 IMP ACT
The City of Dubuque has determined that the 4th Street Peninsula Acquisition and Clearance
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. Additional project
information is contained in the Environmental Review (ERR) on file at the Office of the City
Clerk and Community and Economic Development Department in City Hall, 50 West 13th Street,
Dubuque, Iowa and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M.
REOUEST FOR RELEASE OF FUNDS
On or about July 26,2000 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 4th Street Peninsula
Acquisition and Clearance 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,
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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; 5) A minimum occurrence of adverse
effects that cannot be avoided; and 6) No significant impacts on properties possessing historical,
archaeological, architectural or cultural significance.
PUBLIC COMMENTS
Any individual, group or agency disagreeing with this determination or wishing to comment on
the project may submit written comments to the Community and Economic Development
Department, 50 West 13th Street, Dubuque, Iowa 52001. All comments received by July 26,
2000 will be considered by the City of Dubuque prior to authorizing submission of a request for
release offunds. 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 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 NEP A 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 offunds 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 ofa release of funds by HUD; 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 U.S. Department of
Housing and Urban Development (HUD), Omaha Area Office, Executive Tower 4th Street
Peninsula Land Acquisition and Clearance Project 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
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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.6/30/2001)
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
1. Program Title(s)
Community Development Block Grant
4. OMS Catalog Number(s)
to be completed by Responsible Entity)
2. HUD/State Identification Number 3. Recipient Identification Number
(optional)
B-00-MC-19-0004 42-6004596
5. Name and address of responsible entity
City of Dubuque
City Hall 50 West 13th Street
Dubuque, Iowa 52004-4864
6. For information about this request, contact (name & phone number)
Aggie Kramer, Community Development Specialist
8. HUD or State Agency and office unit to receive request
HUD, Omaha Area Office,Executive Tower Centre
10909 Mill Valley Road, Omaha, Nebraska 68153
7. Name and address of recipient (if different than responsible entity)
The recipient(s) of assistance under the program(s) listed above requests the release of funds 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, State)
4th Street Peninsula Land Acquisition and Clearance 4th Street Peninsula between Bell Street and Mississippi River
Dubuque, Dubuque County,lowa
11. Program Activity/Project Description
Acquire and clear 13 acres of land for future development
Previous editions are obsolete
form HUD-7015.15 (1/99)
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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
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 proposal I did 00 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 58.71(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 oflaw designated in the 24 CFR 58.5 list ofNEPA-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
Terrance M. Duggan, Mayor, City of Dubuque, Iowa
Date signed
Part 3. To be com leted when the Red ient is not the Res onsible Enti
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 sco e of the ro'ect or an chan 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: HUDwil prosecute false claims and statements. Conviction mayresultincriminalandlorcivH penalties. (18U.S.C. 1001,1010,1012; 31 U.S.C.3729, 3802)
Previous editions are obsolete
fonn HUD-7015.15 (1199)
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CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
MICHAEL C. VAN MILLlGEN, CITY MANAGER
PUBLICATION OF COMBINED NOTICE OF FINDING OF NO SIGNIFICANT
IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST
RELEASE OF FUNDS FOR THE FOURTH STREET PENINSULA ACQUISITION
AND CLEARANCE
06/26/00
DATE:
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Community and Economic Development Director Jim Burke is recommending publication of the
combined Notice of No Significant Impact on the Environment and Notice of Intent to Request
Release of Funds for the 4th Street Peninsula Acquisition and Clearance 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 p.m. on July 26, 2000 and will be taken into account before
proceeding with the request for release of funds.
I concur with the recommendation and respectfully request Mayor and City Council approval.
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Michael C. Van Milligen
MCVM/dd
Attachments
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Jim Burke, Community and Economic Development Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 22, 2000
To:
From:
s ur e, Community and Economic Development Director
Subject:
ublication of Combined Notice of Finding of No Significant Impact on the
Environment and Notice ofIntent to Request Release of Funds for the
4th Street Peninsula Acquisition and Clearance
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 ofIntent to Request
Release of Funds for the 4th Street Peninsula Acquisition and Clearance project.
Backeround
The City Council has approved an agreement for the development of a hotel complex and office
building in the 4th Street Peninsula area. As part of the proposed development, Community
Development Block Grant (CDBG) funds will be used to pay a portion of the cost to acquire 13
acres and clear the site for future development.
As required by the Community Development Act of 1974, as amended, the City of Dubuque must
publish a notice of environmental review finding for projects to be funded through the Community
Development Block Grant Program. 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 Community Development Block Grant 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 ofHUD. The approval of the attached resolution and
the publication of its accompanying public notice are required procedural steps for securing the
release of Community Development Block Grant funds for this project.
Recommendation
I recommend that the City Council authorize publication ofthe combined Notice of No Significant
Impact on the Environment and Notice ofIntent to Request Release of Funds for the 4th Street
Peninsula Acquisition and Clearance 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
p.m. on July 26,2000 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
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