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07. Resolution 5465 - Brownfields Area-Wide Planning Pilot Program Grant Acceptance and Budget Appropriation- 201 1st ► venue East Kalispell, MT 59901 406.758.7740 ----------------- 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 � ] 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 I # 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. -vRy'gI ''a mtA- " Breass" kLP-M, a- o'-' v Fn_03lc -'eC]'hio�n''-F,"r Racydcab0�ed vQhvmsed lnonPov smepr�' eF�ea RecvdPa 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 ■ ■ , I 87 aim M4 IV T -Tel '1;�* TH w w w 3INSTE w w w z w Pi ci