Step by Step Prog Notices Funds, Environ
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MEMORANDUM
May 8, 2006
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
Step by Step Inc. 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 Step by
Step Inc. Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(\U {fh~fA
Miclkel C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
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MEMORANDUM
May 4, 2006
From:
Micha~\an 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
Step by Step Inc. 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 Step by Step Inc. Project
Backaround
The City Council has approved the use of Community Development Block Grant
(CDBG) funds and the State of Iowa has awarded $350,000 in HOME funds for the
Step by Step Inc. Project. The project involves the acquisition and rehabilitation of 759
Bluff Street for a residential facility for seven income-eligible women with physical
disabilities.
The City of Dubuque must publish a notice of environmental review finding for projects
to be funded with CDBG and HOME 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 funds with the U.S. Department of
Housing and Urban Development (HUD) and the Iowa Department of Economic
Development (IDEO).
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 and HOME 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 Step by Step Inc. 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 June 5,2006 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:\UsersIA TAUKEIERRlStep by SteplStep by Step memo.mvm.doc
RESOLUTION NO. _-2006
A RESOLUTION AUTHORIZING PUBLICATION OF A CONCURRENT NOTICE OF
FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF FUNDS FOR THE STEP BY STEP INC.
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
HOME funds from the Iowa Department of Economic 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 Step by Step Inc. 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 concurrent 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 Step by Step Inc. Project and to
make the Environmental Review Record for said project available for public inspection
and comment until 5:00 pm on June 5, 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 Housing and Community Development 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 and 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 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 _day of May 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:IUsersIATAUKE\ERRISlep by SteplStep by Slep ERR.doc
Exhibit A
CONCURRENT NOTICE TO PUBLIC OF
FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND
NOTICE TO PUBLIC OF INTENT TO REQUEST RELEASE OF FUNDS
NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF
INTENT TO REQUEST RELEASE OF FUNDS
Date of Publication: May 19, 2006
City of Dubuque
1805 Central
Dubuque, Iowa 52001
563-589-4239
These notices shall satisfy two separate but related procedural requirements for
activities to be undertaken by the City of Dubuque, Iowa.
REQUEST FOR RELEASE OF FUNDS
On or about June 6, 2006 the City of Dubuque will submit a request to the Iowa
Department of Economic Development (IDEO) and the U.S. Department of
Housing and Urban Development (HUD) for the release of funds under the Title II
of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended,
and Community Development Block Grant (CDBG) funds for the purpose of
undertaking the project here in after described:
The project is proposing to use $350,000 of HOME funds
and $108,600 of CDBG funds for the acquisition and
rehabilitation of 759 Bluff Street by Step by Step Inc. in the
City of Dubuque, Dubuque County, Iowa for a residential
facility for seven income-eligible women with physical
disabilities.
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 (NEPA) is not
required. Additional project information is contained in the Environmental Review
Record (ERR) on file at City of Dubuque Housing and Community Development,
1805 Central Avenue, Dubuque, Iowa and may be examined or copied 8:00 am
to 5:00 pm from Monday to Friday and available for public inspection.
The City of Dubuque is conferring with the State Historic Preservation Office
(SHPO) and others regarding potential effects to Cultural Resources by the
project.
In the event that project activities uncover any item(s) that might be of
archaeological, historical, or architectural interest, or if important new
archaeological, historical, or architectural data should be encountered in the
project APE, the recipient should make reasonable efforts to avoid further
impacts to the property, and SHPO will be immediately informed of the discovery
and activities will cease until an assessment has been made by a qualified
professional.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the
City of Dubuque Housing and Community Development Department, 1805
Central Avenue, Dubuque, Iowa 52001. All comments received by June 5, 2006
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 IDED and HUD that Roy D. Suol, 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 an HUD approval of
the certification satisfies its responsibilities under NEPA and related laws and
authorities and allows the City of Dubuque to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
IDED and HUD will accept objections to its release of fund and the City of
Dubuque 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 in fact
executed by the responsible entity's Certifying Officer; (b) the responsible entity
has failed to make one of the two findings pursuant to Sec. 58.40 or to make the
written determination required by Secs.58.35, 58.47, or 58.53 for the project, as
applicable; (c) the responsible entity has omitted one or more of the steps for the
preparation, publication and completion of an EA. (d) the recipient or other
participants in the development process have committed funds, incurred costs or
undertaken activities before release of funds and approval of the environmental
certification by the State and HUD. (e) Another federal agency acting pursuant to
40 CFE 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, Sec. 58.76) and shall be addressed to Iowa Department of Economic
Development, 200 East Grand Ave., Des Moines, Iowa 50309 and U.S.
Department of Housing an Durban Development (HUD), Omaha Area Office,
Executive Tower Centre, 10909 Mill Valley Road, Omaha NE 68153.No
objections received after June 22, 2006 will be considered by IDED and HUD.
Roy D. Suol, Mayor
May 19, 2006
F:IUsersIATAUKE\ERRIStep by SteplStep by Step Exhibit A IDEO & HUD.doc
REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION
IOWA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Pursuant to 288 of Title II of the Cranston-Gonzalez National Affordable Housing Act of
1990, as amended (42 USC 12838)
Recipient Name: City of Dubuque Contract Number: 06-HM-198-29
Recipient Address: 1805 Central, Dubuque, Iowa 52001
For information on this request, contact (usually the grant administrator):
Contact Name: David Harris
Contact Phone Number: 563-589-4239
PART 1. REQUEST FOR RELEASE OF FUNDS
The recipient(s) of assistance under the program(s) listed above requests the release of
funds and removal of grant conditions governing the use of the assistance for the
following:
Acquisition and rehabilitation 0'759 Bluff In Dubuque, Iowa Into seven units for
physically disabled women.
PART 2. ENVIRONMENTAL CERTIFICATION
With reference to the above Program Activity/Project, I, the undersigned officer of the
recipient, certify that:
o The recipient has fully carried out its responsibilities for environmental review, decision-
making and action pertaining to this project named above.
o The recipient has complied with the National Environmental Policy Act of 1969, as
amended, and with the environmental procedures, permit requirements and
statutory obligations of the laws cited in 24 CFR 58.5.
o The recipient has taken or will take into account the environmental criteria,
standards, permit requirements and other obligations applicable to the project or
program activity under other Federal, State and local laws that the recipient has the
direct responsibility to comply with.
o 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 did not require the preparation and
dissemination of an environmental impact statement.
o The recipient has, prior to submitting this request for the release of funds and
certification, published in the manner prescribed by 24 CFR 58.43 a notice to the
public in accordance with 24 CFR 58.70 and as evidenced by the attached copy
(copies).
o The dates upon which all statutory and regulatory time periods for review, comment
or other action, following the completion of the environmental review for the
project/program activity, began and ended as indicated below in compliance with the
procedures and requirements of 24 CFR 58.
How was SHPO Section 106 Compliance Completed? (mark one):
D State Historical Preservation Office (SHPO) Concurrence letter: Date of letter: April 24,
2006 (attach letter)
D Programmatic Memorandum of Understanding (PMOU): Project activity on list of Undertakings
Not Normally Requiring Consultation with SHPO.
Tribal Authority Comment Requested
(letters MUST be sent even if activity covered as part of PMOU)
Date sent: 41712006
Item Commence Expire
Publication Date:
Notice of Proposed
Project to be Located Local Comment Period:
in a Floodplain or Wetland (15 day comment period)
Publication Date:
Combined Notice: Finding of No Local Comment Period:
Significant Impact and Intent to (15 day comment period) May 19, 2006 June 5, 2006
Request Release of Funds State Comment Period:
(15 day comment period)
Publication Date:
Notice of Intent to Request Local Comment Period:
Release of Funds (7 day comment period)
(Use only for Categorically State Comment Period:
Excluded Projects subject to (15 day comment period)
related Federal laws and
Authorities)
As the duly designated certifying official of the recipient, I also certify that: I am authonzed to and do consent to assume
the status of responsible 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 provision of these laws applies to the HUe
responsibilities for environmental review, decision-making and actions that have been assumed by the recipient. By so
consenting, I have assumed the responsibilities for the conduct of environmental review, decision-making and actions as
to environmental issues, preparation and circulation of draft, final and supplemental environmental impact statements, and
lead agency or cooperating agency responsibilities for preparation of such statements on behalf of federal agencies
including HUD, when these agencies consent to such assumptions. I am authorized to and do accept, on behalf of the
recipient and personally, the jurisdiction of the federal courts for the enforcement of all these responsibilities, in my
capacity as certifying officer of the recipient.
Roy D. Buol, Mayor City of Dubuque, Iowa
(Signature and Title of the Certifying orrtcer of Applicant)
WARNING: Section 1001 of Title 18 of the United States Code and the Criminal Procedure shall apply to this certification.
Title 18 provides, among other things, that whoever knowingly makes or uses a document or writing containing any false,
fictitious, or fraudulent statement or entry, in any manner within the jurisdiction of any department or agency of the United
States, shall be fined not more than $10,000 or imprisoned not more than five years or both.
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 OMB control number.
Part 1. Program Description snd Request for Release of Funds (to be completed by Responsible Entity)
1. Program Title(s) 2. HUD/State Identification Number 3. Recipient Identification Number
COJIDDUnity Development Block Grant (CDBG) (optional)
B-05-MC-J.9-0004 42-6004596
6. For information about this request, contact (name & phone number)
Aggie Tauke, Community Development Specialist
5. Name and address of responsible entity
City of Dubuque
City Hall, 50 West 13th Street
Dubuque, Iowa 52001-4864
4. OMB Catalog Number(s)
7. Name and address of recipient (if different than responsible entity)
8. HUD or State Agency and office unit to receive request
BUD, Omaha Area Office, Bxecutive Tower
Centre, 10909 Kill Valley Road, Omaha, MN
78153
The recipient(s) of assistance under the program(s) listed sbove requests tbe release offunds 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)
Step by Step Inc. Project 759 Bluff Street, Dubuque, Dubuque County, ZA
11. Program Activity/Project Description
Acquisition and rehabilitation of
Dubuque, Dubuque County, Iowa for
with physical disabilities.
759 Bluff Street by Step by Step Inc. in the City of
a residential facility for seven income-eligible women
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
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 CPR 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 0 did [l] did not req uire 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 of law designated in the 24 CPR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply
to the HUn 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 Offtcer of the Responsible Entity
Title of Certifying Officer
Roy D Buol,Hayor City of Dubuque
Date signed
X 06/06/2006
Address of Certifying Officer
City of Dubuque. 50 West 13th Street. Dubuque.IA 52001-4864
Part 3. To be completed wben tbe Recipient is not tbe Responsible Entity
The recipient requests the release of funds 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 change 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: HUDwill prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18U.S.C. 1001, 1010. 1012; 31 U.S.C. 3729.
3602)
Previous editions are obsolete
form HUD-7015.15 (1199)
City of Dubuque, Iowa - Step by Step, 759 Bluff, Dubuque, IA
ENVIRONMENTAL ASSESSMENT
(24 CFR 58, Section 58.36 revised 1/99)
Responsible Entity [24 CFR 58.2(a)(7)]:
Certifying Officer [24 CFR 58.2(a)(2)]:
Project Name:
Project Location:
Estimated total project cost:
Grant Recipient [24 CFR 58.2(a)(5)]:
Recipient Address:
Project Representative:
Telephone Number:
City of Dubuque, Iowa
Roy D. Buol, Mayor
Step by Step Inc. Project
759 Bluff Street
Dubuque, Dubuque County, IA
$1,164,000
($100,000 CDBG)
($350,000 HOME)
City of Dubuque
1805 Central, Dubuque IA 52001
David Harris
563-589-4239
Conditions for Approval: (List all mitigation measures adopted by the responsible entity to eliminate or
minimize adverse environmental impacts. These conditions must be included in project contracts or other
relevant documents as requirements.) [24 CFR 58.40(d), 40 CFR 1505.2(c)]
· The overall project must successfully complete the historic rehabilitation tax credit
review process at the federal and/or state level, ensuring the building rehabilitation
meets the Standards and Guidelines;
FINDING: [58.40(9)]
iii Finding of No Significant Impact
(The project will not result in a significant impact on the quality of the human environment)
o Finding of Significant Impact
(The project may significantly affect the quality of the human environment)
.~~
Preparer Signature: 6
Title/Agency: Aggie
Date: 15 ~/- ~t,
uke Community Development Specialist City of Dubuque, Iowa
Certifying Officer Signature: Date:
Title/Agency: Roy D. Buol, Mayor City of Dubuque, Iowa
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