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Washington Neighborhood Park Proj. Environ Notice etc Dii~~E ~<k~ MEMORANDUM December 21, 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 Neighborhood Park Project Housing and Community Development Department Director David Harris 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 Washington Neighborhood Park Project. I concur with the recommendation and respectfully request Mayor and City Council approval. f/};(J (V1] .aL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director i5U~~E ~~~ MEMORANDUM December 20, 2005 From: Michael~~ Milligen, City Manager David Harris, 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 Neighborhood Park 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 Neighborhood Park Project. Backaround The City Council has approved the use of Community Development Block Grant (CDBG) funds for the Washington Neighborhood Park Project. The project will provide for the acquisition of 1837 and 1839 Washington Street and the adjoining vacant lot on the northwest comer of 18th and Washington. The residential structures will be demolished to create a neighborhood park with playground equipment. 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 January 23,2006 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\Wash Neigh Parl<\Wash Neigh Park ERR memo.mvm.doe , . .. . RESOLUTION NO. 6-06 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 NEIGHBORHOOD PARK 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 Neighborhood Park 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 Neighborhood Park Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on January 23, 2006. 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. 3rd Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, 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: January 6, 2006 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 NEIGHBORHOOD PARK PROJECT Acquisition of 1837 and 1839 Washington Street and the adjoining vacant lot on the corner of 18th and Washington, legally described as Lot 92, the South % of Lot 93 and the North % of Lot 93, all of East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa. The residential structures will be demolished to create a neighborhood park with playground equipment. 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 Neighborhood Park 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 AM. to 5:00 P.M. REQUEST FOR RELEASE OF FUNDS On or about January 24, 2006, 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 Neighborhood Park 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 Washington Neighborhood Park Project to use Community Development Block Grant (CDBG) 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; 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. Roy D. Buol, Mayor, City of Dubuque F:\Users\ATAUKE\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 Enmies 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 infonnation. This agency may not conduct or sponsor, and i a person is not required to respond to, a collection of information unless that collection displays a valid OMS control number. Part 1. Proaram Description and Requesllor Release of Funds (to be completed by Responsible Entitv) 1. Program Title{s) 2. HUD/State Identification Number 3. Recipient Identification Number Community Development Block Grant (CDBG) (optional) B-05-MC-19-0004 42-6004596 6. For information about this request, contact (name & phone number) Aggie Tauke, Community Development --- -'0 H," 8. HUD or State Agency and office unit to receive request BUD,Omaha Area Office,Bxecutive Tower Centre, 10909 Mill Valley Road, Omaha, NB 78153 5. Name and address of responsible entity City of Dubuque City Hall, 50 West 13th Street Dubuque, Xowa 52001-4864 4. OMS Catalog Number(s) 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) Washington Neighborhood Park Project 1837 and 1839 Washington, and the adjoining lot on the NW corner of 18th & Washington 11. Program Activity/Project Description Acquisition of 1837 and 1839 Washington Street corner of 18th and Washington. The residential neighborhood park with playground equipment. and the adjoining vacant lot on the NW structures will be demolished to create a Previous editions are obsolete lonn 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 Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CPR 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 proposalD did [lldid not req uire the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/orpublished in the manner prescribed by 24 CPR 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 Ferleral official under the National Environmental Policy Act of 1969 and each provision oflaw designated in the 24 CPR 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. Signature of Certifying Officer of the Responsible Entity Tnle of Certifying Officer Roy D. Buol, Mayor City of Dubuque Date signed X 01/24/2005 Address of Certtfying Officer Ci ty of Dubuque 50 West 13th Street Dubuque IA 52001-4864 Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release offunds for the programs and activities identified in Part 1 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 chanRe 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: HUD will prosecute false claims and statements. Conviction may result in criminal andlor civil penalties. (18U.S.C. 1001. 1010, 1012; 31 U.S.C.3729. 3802) Previous editions are obsolete form HUD-7015.15 (1199)