Eagle Window & Door Project Funds
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RESOLUTION NO. 99 -99
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 EAGLE WINDOW & DOOR
PROJECT
Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year 1999
commencing July 1, 1998, with the US. Department of Housing and Urban Development,
providing for financial assistance to the City under Title I ofthe 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 Eagle
Window & Door project; and
Whereas, based on said environmental review, the Community and Economic
Development 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 Eagle Window & Door project and to make the
Environmental Review Record for said projects available for public inspection and comment until
5:00 p.m. on March 19, 1999. 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 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 1st day of
Attest:
};~/~j d )~<d
Mary l Davis
City lerk
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Exhibit A
COMBINED PUBLIC NOTICE
NOTICE OF FINDING OF NO SIGNIFICANT IMP ACT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS
Dated and Published March 3, 1999
Community and Economic Development Department
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
319-589-4393
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 Eagle Window & Door 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(NEP A) is not required. Additional project information is
contained in the Environmental Review Record (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.
REQUEST FOR RELEASE OF FUNDS
On or about March 22, 1999 the City of Dubuque will submit a request to the U.S. Department of
Housing and Urban Development for the release offunds to undertake the Eagle Window & Door
project.
The City of Dubuque has found that the aforementioned project will have 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 acceptable 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 March 19,
1999 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.
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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. HUDls 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 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 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 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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Exhibit A
COMBINED PUBLIC NOTICE
NOTICE OF FINDING OF NO SIGNIFICANT IMP ACT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS
Dated and Published March 3, 1999
Community and Economic Development Department
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
319-589-4393
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 Eagle Window & Door 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 1 969(NEP A) is not required. Additional project information is
contained in the Environmental Review Record (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 AM. to 5:00 P.M.
REQUEST FOR RELEASE OF FUNDS
On or about March 22, 1999 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 Eagle Window & Door
project.
The City of Dubuque has found that the aforementioned project will have 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 acceptable 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 March 19,
1999 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.
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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 of a release offunds 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 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:\USERSlAKRAMERIMYDOCS\CDDOCSlCDBGIERRIEAGLEWIN\EXANOT.ERR
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*. TRANSACTION REPORT FEB-25-99 THU 09:56 AM *
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~ DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP ~
FEB-25 09:55 AM TH LEGALS 52" 2 SEND OK 677 ~
*
~ TOTAL : 52S PAGES: 2 ~
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Exhibit A
COMBINED PUBLIC NOTICE
NonCE OF FINDING OF NO SiGNIFICANT IMPACT AND NOTTCE OF INTENT TO
REQUEST RELEASE OF FUNDS
Dated and Published March 3, 1999
Community and Economic Development Department
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
. 319-589-4393
These Notices shall satisfY two separate but related procedural requirements for activities to be
undertaken by the City of Dubuque, Iowa.
E.lliJ2JNG OF NO SIGNIFICANT IMP ACT
The City of Dubuque has determined that the Eagle Window & Door 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
Environmentat Policy Act of 1969(NEPA) is not required. Additional project information is
contained in the Environmental Review Record (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 AM. to 5:00 P.M.
.
FEB-26-99 FRI 10:37 AM
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!.~.,
i, \ W' - lSQ'MBINED PUBLIC NOTICE
L,'t- NOTICE OF PIN DING OF
SIGNIFICANT IMPAcT AND
NorlCE OF INTENT
TO REQUEST RELEASE
o~ FUNDS
. Oatod and Published March
3,1099
Community and Economlo
Develo~ment Department
City of Dubuque
50 Weat 13th Slreet
Ollbuque, lDwn 52001.4864
319-569-4393
These No\lecll shall SqUsfy
two separahl but relaled prD-
cedural requlromenls for DC-
tlvitlec tD \)e undertaken by the
Cily of Oubtlquo, Iowa.
flNDINQ OF NO
SIGNIFICANT IMPACT
ThG City of Dubllqlle has
dlttermlnod that the Eagle
Window & Door rroJect Identl.
fied 10r use 0 CDrt1munity
Dovolopmemt Block Gtllnl
(CDBG) run<:lll will halle no
significant ImpDct on tho hu.
mftn llIwlronmenl. 111slofore,
an Environmental lmptlot
Statement under the Nallcmal
~I'\vironmenlal PDlicy Act Dr
1969 (NEPA) Is not rer'lulrcd.
Additional project Information
15 eontolned III ~10 Environ-
monlal Review RGcol'd (EAR)
on nlo at the Office of the City
Clerk and Cornmunity and
A EconomloDeve1opment Oil-
i '{i.,\ portmant In CiJ.Y'Hall, 50 West
lV' 13th SlreM;' Dubuque, Iowa
:md may be oxamlnCld or
copiod weel<days 8:00 A.M. to
!i:00 P.M.
REQUEST FOR RELEASE OF
FUNDS
On or about Ml.\I'ch 22. 1099
the Cily of Dubuque will sub-
mit a roquest to the U.S. De-
pQrtment of HOUSing and
Urb:m Development for the
reloas(l of funds \0 undertake
tile Eagle Window l Door
('mlee!.
The Oity Df DubuquQ has
found thai the .foromantloned
proJeot Will hlVO no significant
effect on the environment
btt5ed on tho following facts
and reasont::: 1) Assessment of
the nature, magnitude and'
duration of any advers$ "Ild
poslllvG Impttcts; 2) Conllld-
erallOl) of allematlves to the
project, commllment of re-
sources, knOWll vlows or looal
groups\ rnEl<l!;Ure& which CM) ,\.[ L,' ( it.' I
be InsbtutEld \0 lessen polen- t t
lial adverso 'mpacts and 10
enharlce tho environment: 3)
No .10.&1l of unlqu~ _ en.viron:
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TELEGRAPH HERALD
responsibililies In relation to
the environmenttl! review
process and that tllese re-
sponsibilities have baan satis-
fied. HUD's approval 01 the
certifieatlol'l satisfies ils re-
spomibililies under NEPA Dnd
related IaW$ and authorities,
::md allows the City of Du-
buque to UI. Program funl'ls.
OBJ~CTI0NS TO RELEASE
OF FUNDS
HUD will acoept objections to
ile release of funds and tho
Cily of Dubuque's cerllRc:ltion
for a period of fifteen days
following the llntiolpalelt sub-
mil~$lon dale or lbl aolual
roceipt of the re51ll11st
(whIchever is later) only if they
are on olle of the following
PllIles: (a) the cortiflcation was
not executed by the Certifying
Officer of lhe Clly of Dubuque;
(b) the Cily of Dubuque has
omilled a step or fail.d to
make a tJcu;lsion or Ilnding
required by HUD requlaUons at
211 CFR Part 5B; (cl the grant
recIpient has commltled fund$
or incurred costs not author-
Ized by 24 CFR Part 58 beforo
appro~ 01 11 release of funds
by HUP; or (d) l'Inother Federal
ClgElI'lCY actina pursuant to 40
erR Part 1504 has submitted
~ written finding that the proJ-
Qct Is unsatisfactory from Ihe
standpoint of environmental
quality. Objections must be
prepared ;aM submitted in
accordance with the felllllred
procedures (24 CFR Pan 58)
and shall be addressed to U.S.
Departrnent of Housing and
Urban Dovelopment (HUD),
Omaha Area Office. ExeClllive
Tower Centre. 10909 MlII
Valley RODd, Omaha. NE
6a15~. Potentl.d objectors
$hould contact HUO to verify
tho aclual lalt day 01 the ob.
Itclion period.
T"rranco M. Duggan. Mayor
1t 313
FAX NO. 3195885782
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 25, 1999
TO: The Honorable Mayor and City Council
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
Eagle Window and Door Project
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Community and Economic Development Director Jim Burke is recommending
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 Eagle
Window and Door project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/j
Attachment
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
February 18, 1999
To: ~el V::!~~~t~ity Manager
From: ~urk.r {;,mmunity and Economic Development Director
Subject: Publication of Combined Notice of Finding of No Significant Impact on the
Environment and Notice ofIntent to Request Release of Funds for
Eagle Window & Door 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 ofIntent to Request
Release of Funds for the Eagle Window & Door project.
Background
The City of Dubuque has recently approved funding for the relocation and expansion of the Eagle
Window & Door Company to the Kerper Boulevard Industrial Park. A $500,000 CDBG loan and
a $2,030,000 Section MI08 loan guarantee are part of the overall financial assistance package,
both of which are funded through the U.S. Department of Housing and Urban Development
(HUD) using Community Development Block Grant (CDBG) funds.
As required by the Community Development Act of 1974, as amended, the City of Dubuque must
publish an environmental review finding for projects to be funded in the Community Development
Block Grant Program. This notice allows 15 days for citizen 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 the 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.
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Recommendation
Staff recommends 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
Eagle Window & Door 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 March
19, 1999 and will be taken into account before proceeding with the request for release offunds.
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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