Notices re: Cott. & Butler "House of China" funding
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MEMORANDUM
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October 30,2006
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
Cottingham and Butler "House of China" Building 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
Cottingham and Butler "House of China" Building Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(llJ{~.Ih(A-
Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
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MEMORANDUM
October 24, 2006
To:
Michael Van Milligen, City Manager
From:
David Harris, Housing and Community Development Department
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
Cottingham and Butler "House of China" Building 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 Cottingham and Butler "House of China"
Building Project.
Backaround
The City Council will be reviewing the use of Community Development Block Grant
(CDBG) funds for the Cottingham and Butler "House of China" Building Project. The
project involves the renovation of the vacant building at 803 Main Street into a viable
office and/or commercial building.
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 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 Cottingham and Butler "House of China" Building 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 November 27,2006 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\Cottingham & Butler\C&B err memO.mvm.doc
RESOLUTION NO. 521-06
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 COTTINGHAM AND BUTLER
"HOUSE OF CHINA" BUILDING 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 Cottingham and Butler "House of China" Building 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 Cottingham and Butler "House of
China" Building Project and to make the Environmental Review Record for said project
available for public inspection and comment until 5:00 pm on November 27, 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 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 this6th day of November, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\UsersIATAUKEIERRICottingham & BullerlC&B ERR. res.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: November 10, 2006
City of Dubuque, Iowa
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 November 28, 2006 the City of Dubuque will submit a request to the
U.S. Department of Housing and Urban Development (HUD) for the release of
Community Development Block Grant (CDBG) funds for the purpose of
undertaking the project here in after described:
The project is proposing to use $320,000 of CDBG funds for
the renovation of 803 Main Street by Cottingham and Butler
in the City of Dubuque, Dubuque County, Iowa. The project
creates office and/or commercial use in an existing vacant
building.
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.
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 November
27, 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 HUD that Roy D. Buol, 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 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
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 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 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 November 26, 2006
will be considered by HUD.
Roy D. Buol, Mayor
November 10, 2006
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