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Heartland Fin Pro NoticesMEMORANDUM January 16,2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, 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 Heartland Financial USA Project Housing and Community Development Director David Harris is recommending authorization of 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 Heartland Financial USA project. Public comment will then be accepted until 5:00 p.m. on February 11, 2002. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligeff MCVM/jh Attachment cc: Barry Lindahi, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Director ~_ © CITY OF DUBUQUE, IOWA MEMORANDUM January 7,2002 To: Michael Van Milligen, City Manager From: David Harris, Housing and Community Development 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 Heartland Financial USA 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 Heartland Financial USA project. Background The City Council is being requested at the January 21st meeting to approve the use of Community Development Block Grant funds to Heartland Financial USA to remodel and equip the existing commercial buildings located on Central Avenue and Iowa Street between 13th and 14th Street, formerly known as the Walsh buildings. The project includes building improvements, equipment, furniture and fixtures for a facility for bank support services. The hardware store at 13th and Iowa Street will be demolished to create off-street parking for the business. The City of Dubuque must publish a notice of environmental review finding for projects to be funded with Community Development Block Grant (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 Heartland Financial USA 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 February 11, 2002 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 F:\USERS~AKRAMER\ERR'~-Ieartland~Heartlandcdbg.mem.doc 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 25, 2002 TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS: Housing and Community Development Department City of Dubuque 1805 Central Dubuque, Iowa 52001-3656 319-589-4239 The City of Dubuque will request the U.S. Department of Housing and Urban Development for the release of Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1974, as amended, for the following project: Heartland Financial USA project. The project is on Central Avenue and Iowa Street between 13th and 14th Street, formerly known as the Walsh buildings in the City of Dubuque, Dubuque County, Iowa in Census Tract 1, Block 2. The project includes building improvements, equipment, furniture and fixtures for a bank support services facility at 13th and Central Avenue. The hardware store at 13t~ and Iowa Street will be demolished to create off street parking for the business. 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 Heartland Financial USA 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 Housing and Community Development Department at 1805 Central, 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 February 11, 2002, 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 Heartland Financial USA 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; 5) A minimum occurrence of adverse effects that cannot be avoided; and 6) No significant adverse 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 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 QF 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 NEPA and related laws and authorities, and allows the City of Dubuque to use Community Development Block Grant program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will accept objections to its release of funds 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 F:\USERSLa. KRAMER\ERR~leartland\Hear~andcdbgEXA. doc RESOLUTION NO. 20-02 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 HEARTLAND FINANCIAL USA PROJECT. Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year commencing July 1, 2001, with the U.S. 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 U.S. Department of Housing and Urban Development, an environmental review has been processed for the Heartland Financial USA 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, 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 of Intent to Request Release of Funds for the Heartland Financial USA project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on February 11, 2002. 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 be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 21st day of January 2002. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk F:\USERS~AKRAMER~ERR~Heartland'~Hea~tlandCDBGres.doc