07. Resolution 5465 - Brownfields Area-Wide Planning Pilot Program Grant Acceptance and Budget Appropriation- 201 1st ► venue East
Kalispell, MT 59901
406.758.7740
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Fax: 406.758.7758
City of Kalispell • ►rvw►rv.kalispell.com
Office of Community & Economic Development
MEMORANDUM
To: The Honorable Mayor Fisher and Kalispell City Council Members
C c : Jane Howington, City Manager
From: Katharine Thompson, Community Development Manager
Re: EPA Brownfields Area -wide Planning Pilot Program Grant
Acceptance and Budget Amendment
Meeting Date: November 1, 2010
Attached to this memo please find a copy of the letter from the U.S. Environmental
Protection Agency notifying the City of Kalispell that it was awarded a Brownfields
Area -wide Planning Pilot Program Grant and a Brownfields Area -Wide Planning Pilot
Project Fact Sheet created by the EPA clearly indicating that the grant award is up to
$1757000.
BACKGROUND: The City of Kalispell submitted an application to the U.S. EPA on
May 28, 2010 requesting $175,000 under the newly created Brownfields Area -wide
Planning Pilot Program.
The purpose of this Brownfields Pilot Program is to provide the City a much needed tool
to develop a vision, integrate community ideas and priorities, identify resources and then
create specific strategies to make revitalization in the area a reality. The area of focus is
the rail corridor bounded by the east and west City limits, north to Washington Street and
south to First Street. This area is generally referred to as the Core Revitalization Area
(CRA). See map attached.
The benefits of this Pilot Program grant to assist in the revitalization of the CRA include:
1. Identifying and ranking the Brownfields along the rail corridor in the CRA.
Several properties are Brownfield sites due to their current and past uses
associated with industry that once used the rail line.
2. Gaining an understanding of the infrastructure including telecommunications and
roads in the CRA and how best to improve it.
3. Gaining an understanding through a market study and needs assessment of how
best to develop the CRA to create viable property and prevent future Brownfields.
4. Providing the local neighborhood and community participation and ownership in
the redevelopment decisions.
5. Facilitating economic development through park, trail, and adjacent property
development.
6. Facilitating the reuse of existing rail corridor to meet community needs.
7. Potential to create a large band of green space that would connect woodland Park,
downtown, and the west and south Kalispell bike and pedestrian trails.
Proposed work shall meet federal requirements for work funded by an EPA Brownfields
Grant. Proposed work is scheduled to be completed by November 30, 2012.
FISCAL IMPACT: The grant award will fund $175,000 with no city match required.
RECOMMENDATION.- City Council accept the EPA Brownfields Area -wide Planning
Pilot Project grant up to $175,000 and amend the FY 11 budget accordingly.
Respectfully submitted,
RESOLUTION r r OF /.
KALISPELL,
` y. 4 AS SET FORTH IN THE
2010-2011 BUDGET ADOPTED
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THE CITY COUNCIL FOR THE PURPOSE OF ACCEPTANCE OF A UNITED
STATES ENVIRONMENTAL PROTECTION :` ': / 1
WIDE PLANNING PILOT PROGRAM" GRANT AWARD.
WHEREAS, on August 16, 2010, the City Council adopted Resolution 5444 adopting the
annual appropriations of the City of Kalispell for fiscal year 2010- 2011; and
WHEREAS, on October 15, 2010, the City of Kalispell was informed that it was a recipient of
a U.S. Environmental Protection Agency "Brownfields Area -wide Planning Pilot
Program" grant award in the amount of up to $175,000 to evaluate the city's Core
Revitalization .Area; and
WHEREAS, said funds available to the City were not appropriated pursuant to Section 7-6-
427 I , and an increase of appropriation authority is needed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALIS PELL AS FOLLOWS:
SECTION 1. That the City Council hereby accepts the U.S. Environmental Protection
Agency " Brownfields Area -wide Planning Pilot Program.'' grant award in
the amount of up to $175,000.
SECTION 11. That the City Council hereby appropriates up to the sum of $175,000 and
directs the Finance Director to allocate said amount.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALIS PELL, THIS 1ST DAY OF NOVEMB ER, 2010.
Tarmni Fisher
Mayor
ATTEST:
Theresa white
City Clerk
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASPHNGT07N, D,C, 2041F,30
AND
VCYV AS'
R�EzRO
Honorable Tames. i Fisher
Mayor of Kalispell
201 First Avenue East
Kalispell., MT 59901
Dear Mayor Fisher. -
On behalf of the United States Environmental Protection Agency (EPA), I am pleased to
confinn that the proposal from the City of Kalispell was selected for award under the new
Brownfields Area -Wide planning Pilot Program. We appreciate the tremendous commitment of
time and energy that went into the preparation of your proposal.
Through the Small Business Liability Relief and Brownfields Revitalization Act of 2002,
EPA is working to help communities and other stakeholders around the country in their efforts to
revitalize and reclaim broke sites. This pilot program will demonstrate how plam =*g for
the assessment cleanup and reuse of those sites, in conjunction with creating supportive area -
wide revitalization strategies, will result in the development of an area -wide plan for bn*nging
about impro-vred enviromnental and socio-economic conditions within local communities.
We look. forward to working with your staff and project partners throughout this project
to facilitate greater coordination and cooperation amongst Federal, state, local goverment and
community -based organ]* zations.
Staff from my office will be contacting you shortly to provide you with additional
information and begin negotiating the workplan for this project. Through the work planning
process, EPA will identify the eligible project activities in the proposal and Will determine the
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amotmt and tie g ana/or direct contract ass*stance) for award.
, pe of EPA assistance (grant ftmdin 1
Please feel free to contact Aimee Storm at (202) 566-0633 should you have any questions at this
time.
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EPA Brownfields Program
EPA's Brownfields Program empowers states, communi-
ties, and other stakeholders to work together to prevent,
assess, safely clean up, and sustainably reuse brown -
fields. A brownfield site is real property, the expansion,
redevelopment, or reuse of which may be complicated
by the presence or potential presence of a hazardous
substance, pollutant, or contaminant. In 2002, the Smali
Business Liability Relief and Brownfields Revitalization
Act was passed to help states and communities around
the country clean up and revitalize brownfields sites. Un-
der this law, EPA provides financial assistance to eligible
applicants to assess and clean up brownfield sites.
Brownfields Area -Wide Planning Pilot
Program
EPA is piloting an area -wide planning approach to com-
munity brownfield challenges, which recognizes that
revitalization of the area surrounding the brownfield site(s)
is just as critical to the successful reuse of the property as
assessment, cleanup, and redevelopment of an individual
site. The pilot program will help further community -based
partnership efforts within underserved or economically
disadvantaged neighborhoods by confronting local envi-
ronmental and public health challenges related to brown -
fields, while creating a planning framework to advance
economic development and job creation.
Pilot Project Description
EPA has selected the City of Kalispell as a Brownfields
Area -Wide Planning Pilot Program recipient. The city will
focus on the Core Revitalization Area (CRA), which is
located in the heart of Kalispell and is home to approximately
1,300 people. More than 20 percent of residents in the
CRA live below the poverty level, and the median income
is almost $20,000 less than the state average. More than
13 percent of business properties in the CRA are vacant.
The CRA generally follows historic railroad tracks and
contains multiple brownfields. These brownfields have had
a negative impact on property values and discouraged
Kalispell
.1 M T
EPA is awarding approximately $4
million in total across 23 recipients. _. ==......---__-.-_-
--.
Recipients will each receive up to ap-
pro)dmately $175,000 in EPA cooperative agreement
and/or direct technical assistance. Assistance will
help recipients initiate development of an area --wide
plan and identify next steps and resources needed to
implement the plan.
For additional information, brownfields news and
events, and publications and links, visit the EPA
Brownfields Web site (htti):/Iwww.ei)a.gov/brownfields).
EPA's Office of Brownfields and Land Revitalization
(202) 566-0633
Assistance Recipient; City of Kalispell, MT
(406) 758-7713
The information presented in this fact sheet comes
from the project proposal; EPA cannot attest to the ac-
curacy of this information. The cooperative agreement
and/or direct technical assistance have not yet been
negotiated. Activities described in this fact sheet are
subject to change.
area investment. The CRA project began in 2004 when
the community decided to develop a downtown strategy to
revitalize the central core of Kalispell. The area -wide plan
will identify and rank brownfields along the rail corridor
in the CRA, both in terms of health risk and revitalization
need, develop a market study and needs assessment to
inform brownfields site reuse planning, and allow the city to
more fully involve the community in the planning process.
Development of the plan is expected to encourage the
cleanup and reuse of the CRA to meet community needs,
and encourage park, trail, and property redevelopment.
Solid Waste and EPA 560-F- 1 0-003L
Emergency Response October 2010
(5105T) www.epa.gov/brownfields
OMB Approval No. 0348-0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information_ Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0345-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. if you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant,) certify that the applicant:
1. Has the legal authority to apply for Federal assistance and the
basis of handicaps; (d) the Age Discrimination Act of
institutional, managerial and financial capability (including
1975, as amended (42 U.S.C. 6101-6107), which
funds sufficient io pay the non -Federal share of project cost)
prohibits discrimination of the basis of age; (e) the Drug
to ensure proper planning, management and completion of
Abuse Office and Treatment Act of 1972 (P.L. 92-255),
the project described in this application.
as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
2. Will give the awarding agency, the Comptroller General of
Alcoholism Prevention, Treatment and Rehabilitation Act
the United States and, if appropriate, the State, through any
of 1970 (P.L. 91-616), as amended, relating to
authorized representative, access to and the right to examine
nondiscrimination on the basis of alcohol abuse or
all records, books, papers, or documents related to the award;
alcoholism; (g) 523 and 527 of the Public Health Service
and will establish a proper accounting system in accordance
Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
with generally accepted accounting standards or agency
amended, relating to confidentiality of alcohol and drug
directives.
abuse patient records; (h) Title VII of the Civil Rights Act
of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to
3. Will establish safeguards to prohibit employees from using
nondiscrimination in the sale, rental or financing of
their positions for a purpose that constitutes or presents the
housing; (i) any other nondiscrimination provisions in
appearance of personal or organizational conflict of interest,
the specific statute(s) under which application for Federal
or personal gain.
assistance is being made; and 0) the requirements of any
other nondiscrimination statute(s) which may apply to the
4. Will establish safeguards to prohibit employees from using
application.
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest,
7. Will comply, or has already complied, with the
or personal gain.
requirements of Titles 11 and III of the Uniform
Relocation Assistance and Real Property Acquisition
5. Will comply with the Intergovernmental Personnel Act of
Policies Act of 1970 (P.L. 91-646) which provide for fair
1970 (42 U.S.C. 4728-•4763) relating to prescribed standards
and equitable treatment of persons displaced or whose
for merit systems for programs funded under one of the 19
property is acquired as a result of Federal or federally --
statutes or regulations specified in Appendix A of OPM's
assisted programs. These requirements apply to all
Standards for a Merit System of Personnel Administration (5
interests in real property acquired for project purposes
C.F.R. 900, Subpart F).
regardless of Federal participation in purchases.
6. Will comply with all Federal statutes relating to
8. Will comply, as applicable, with provisions of the Hatch
nondiscrimination. These include but are not limited to: (a)
Act (5 U.S.G. 1501-1508 and 7324-7328) which limit the
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
political activities of employees whose principal
prohibits discrimination on the basis of race, color or
employment activities are funded in whole or in part with
national origin; (b) Title IX of the Education Amendments of
Federal funds.
1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794), which prohibits discrimination on the
Previous Edition Usable Standard Form 424B (Rev 4-2012)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. will comply, as applicable, with the provisions of
the Davis -Bacon Act (40 U.S.C. 276a to 276a-7), the
Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and
the Contract work Hours and Safety Standards Act (40
U.S.C. 327-333), regarding labor standards for
federally -assisted construction subagreement.
0. will comply, if applicable, with flood insurance
purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which
requires recipients in a special flood hazard area to
participate in the program and to purchase flood
insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
11. Will comply with environmental standards which
may be prescribed pursuant to the following: (a)
institution of environmental quality control measures
under the National Environmental Policy Act of 1969
(P.L. 91--190) and Executive Order (EO) 115 4; (b)
notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in flood plains
in accordance with EO 11988; (e) assurance of project
consistency with the approved State management
program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.); (f)
conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. 7401 et
seq.); (g) protection of underground sources of drinking
water under the Safe Drinking water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93-205).
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
APPLICANT ORGANIZATION
city of Kalispell
12. will comply with the wild and Scenic Rivers Act of 1968 (16
U. S.C. 1271 et seq.) Related to protecting components or potential
components of the national wild and scenic rivers system.
13. will assist the awarding agency in assuring compliance will
Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), EO 11593 (identification and protection
of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 469a-- I et seq.).
14. will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
15. will comply with the Laboratory Animal welfare Act of 1966
(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) Pertaining to the
care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of
assistance.
16. will comply with the Lead -Based Paint Poisoning Prevention
Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead -based
paint in construction or rehabilitation of residence structures.
17. will cause to be performed the required financial and
compliance audits in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular No. A-133, "Audits of
States, Local Governments, and Non -Profit Organizations."
18. will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies governing
this program.
TITLE
City Manager
DATE SUBMITTED
November 2, 2010
Standard Form 424B (Rev 4-2012) Back
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