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Land and Water Conservation Fund GrantMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Land & Water Conservation Fund Grant Application Bee Branch Creek Outdoor Classroom DATE: March 1, 2011 Planning Services Manager Laura Carstens recommends City Council approval of a $175,000 Land & Water Conservation Fund grant application for the Bee Branch Creek Outdoor Classroom. The Bee Branch Creek Outdoor Classroom is space set aside in a linear park along the Bee Branch Creek Restoration Project. The Creek restoration will enhance the value and function of the natural stream ecosystem, while incorporating bike /hike trails, lighting, benches, trees, landscaping, a public urban orchard and community gardens, and an amphitheater for the Outdoor Classroom adjacent to Audubon Elementary School. In this Outdoor Classroom, students and adults can learn about stream improvements and riparian habits through a hands -on experience. The project also will provide an interactive opportunity for students and adults to learn how math, literature, history, art, and music are influenced by nature. The total project budget for the Bee Branch Creek Outdoor Classroom, which is at the amphitheater, is $382,000. The City's match of $207,000 to the $175,000 grant application will come from loans repaid through utility funds. concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Mich d / ( 7.--,......_ el C. Van Milligen Dubuque bfrill AR-Ametica City 1 111 I 2007 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ' SUBJECT: LWCF Grant Application -- Bee Branch Creek Outdoor Classroom DATE: March 1, 2011 Dubuque AII- Amedcacity 111111 2007 INTRODUCTION This memo transmits an application for a $175,000 Land & Water Conservation Fund (LWCF) grant for the Bee Branch Creek Outdoor Classroom, for the City Council's review and approval. A resolution, application forms, and a location map are enclosed. BACKGROUND The LWCF Grant Program is a federal grant program of the National Park Service that provides funds to incorporated cities and county conservation boards in the form of 50% reimbursement grants. Grants require a 50% match. Eligible projects include acquisition and /or development of land for outdoor recreation. The LWCF grant requires a perpetual easement for the funded project. DISCUSSION The Bee Branch Creek Outdoor Classroom is space set aside in a linear park along the Bee Branch Creek Restoration Project. The Creek restoration will enhance the value and function of the natural stream ecosystem, while incorporating bike /hike trails, lighting, benches, trees, landscaping, a public urban orchard and community gardens, and an amphitheater for the Outdoor Classroom adjacent to Audubon Elementary School. In this Outdoor Classroom, students and adults can learn about stream improvements and riparian habits through a hands -on experience. The project also will provide an interactive opportunity for students and adults to learn how math, literature, history, art, and music are influenced by nature. While the Outdoor Classroom is adjacent to Audubon Elementary School, it also is within a few blocks of the service areas for Fulton, Prescott and Marshall Elementary Schools. These four elementary schools serve the Washington Street, Point and North End Neighborhoods. These neighborhoods contain the community's oldest housing. The majority of the residents in these neighborhoods are low to moderate income. These neighborhoods also encompass significant racial and ethnically diverse minority populations. LWCF Grant Application -- Bee Branch Creek Outdoor Classroom page 2 BUDGET IMPACT The total project budget for the Bee Branch Creek Outdoor Classroom, which is at the amphitheater, is $382,000 as identified in the City's RECAT grant application to Vision Iowa for the Bee Branch Creek Restoration Project's amenities. This Outdoor Classroom is a component of the Bee Branch Creek CIP # 7201654. The City match of $207,000 to the $175,000 LWCF grant application will come from loans repaid through utility funds. RECOMMENDATION I recommend that the City Council approve the enclosed resolution and authorize the Mayor to sign and City staff to submit the LWCF grant application for the Bee Branch Creek Outdoor Classroom. The grant application deadline is March 15, 2011. Enclosures cc Jenny Larson, Budget Director Marie Ware, Leisure Services Manager Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer Teri Goodmann, Assistant City Manager F:\ USERS \LCARSTEN \WP\GRANTS \LWCF\LWCF 2011 \Bee Branch Outdoor Classroom LWCF grant application memo 2011.doc Preparer: Laura Carstens Address: 50 W. 13 Street, Dubuque, IA 52001 Telephone: 589 -4210 RESOLUTION NO. 74 -11 RESOLUTION APPROVING A LWCF GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE BEE BRANCH CREEK OUTDOOR CLASSROOM COUNTY: DUBUQUE WHEREAS, the City of Dubuque, Iowa is interested in developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of City of Dubuque, Iowa and the State of Iowa: Project Title: Bee Branch Creek Outdoor Classroom. Total Estimated Cost: $382,000. Brief Description of Project: The Bee Branch Creek Outdoor Classroom is space set aside in a linear park along the Bee Branch Creek Restoration Project. The Creek restoration will enhance the value and function of the natural stream ecosystem, while incorporating bike /hike trails, lighting, benches, trees, landscaping, a public urban orchard and community gardens, and an amphitheater for the Outdoor Classroom adjacent to Audubon Elementary School. In this Outdoor Classroom, students and adults can learn about stream improvements and riparian habitats through a hands -on experience. The project also will provide an interactive opportunity for students and adults to learn how math, literature, history, art, and music are influenced by nature. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project described above be authorized. Resolution No. - 11 Page 2 Section 2. That the City of Dubuque makes application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 46% of the actual cost of the project in behalf of said City of Dubuque. Attest: Section 3. That the City of Dubuque certifies to the following: 1. That is will accept the terms and conditions set forth in the NPS Grants -in- Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and /or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That is has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88 -352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost - sharing. Passed, approved and adopted this 7 day • March, 2011. _ door anne F. Schneider, City Clerk Roy D.:f ol, Mayor F:\ USERS \LCARSTEN \WP \GRANTS \LWCF \LWCF 2011 \Bee Branch Classroom LWCF Resolution.doc APPLICANT AGENCY: City of Dubuque TYPE OF PROJECT: Acquisition: * Contact Person: Laura Carstens Title: Planning Services Manager Development: X Street/PO Box: 50 W. 13 Street Combination: * City /Zip Code: Dubuque IA 52001 * Complete Part II of Application. Telephone #: 563 -589 -4210 Federal ID #: PROJECT TITLE: Bee Branch Creek Outdoor Classroom ESTIM. STARTING DATE: April 1, 2012 TOTAL PROJECT COST: $ 382,000 ESTIM. COMPLETION DATE: December 31, 2012 Breakdown of Project Costs Total Federal Share: $ 175,000 Total Local Share: $ 207,000 PREVIOUS LWCF GRANTS ON PROJECT SITE? Yes * No X SOURCE: Appropriations: $ Bonds: $ Tax Levies: $ * List Project Numbers: Donations: $ Other (Explain): $ Loans repaid through utility funds OWNERSHIP OF PROJECT SITE: Date Project Site was Acquired: 2010 (For Development Projects Only) No If after January 2, 1971, was acquisition in compliance with Public Law 91 -646? Yes X (Uniform Relocation Assistance Act of 1970) SIGNATURE: TITLE: Mayor By signing this proposal, the applicant agrees to the Federal terms and conditions contained in this Application and the attached General Conditions. Section II - Application fi LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL PROPOSAL REQUEST Part I Persons signing this form should refer to the regulations referenced below for complete instructions: (1) U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used; use this form for certification and sign; or use Department of the Interior Form 1954 (DI- 1954). (See Appendix A of Subpart D of 43 CFR Part 12.) PART A: Certification Regarding Debarment, Suspension, Transactions Section III — General Provisions Certification Regarding Debarment, Suspension, Ineligibility Voluntary Exclusion - Lower Tier Covered Transactions - Appendix B of Subpart D of 43 CFR Part 12.) and (See Certification Regarding Drug -Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. and Other Responsibility Matters - Primary Covered CHECK X IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK X IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. DI -2010 March 1995 (This form consolidates DI -1953, DI -1954, DI-1955, DI-1956 and DI -1963) -39- PART C: Certification Regarding Drug -Free Workplace Requirements CHECK X IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about- - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers(s) of each affected grant; (t) (g) Place of Performance (Street address, city, county, state, zip code) 2100 Block of Kneist Street, Dubuque, IA 52001 Check if there are workplaces on file that are not identified here. Section III - General Provisions Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s for the performance of work done in connection with the specific grant: DI -2010 March 1995 (This form consolidates DI -1953, D1 -1954, DI -1955, DI -1956 and DI -1963) Section III - General Provisions PART D: Certification Regarding Drug -Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Altemate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (3) CHECK X IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT,; SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT. CHECK X IF CERTIFICATION IS FOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100,000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, I hereby certify that the above specified certifications are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TYPED NAME AND TITLE: Roy D. Buol, Mayor DATE: March 7, 2011 D1 -2010 March 1995 (This form consolidates DI -1953, D1 -1954, DI -1955, DI -1956 and DI -1963) Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the State of Iowa which are due beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). IX MINORITY IMPACT STATEMENT The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project: The Bee Branch Creek Outdoor Classroom will serve several elementary schools that have substantial minority populations. Indicate which group is impacted: Women _ Persons with a Disability X Blacks X Latinos X_ Asians X_ Pacific Islanders _X American Indians X Alaskan Native Americans Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project Present the rationale for the existence of the proposed program or policy. Provide evidence of consultation of representatives of the minority groups impacted. Indicate which group is impacted: Women Persons with a Disability Blacks Latinos Asians Pacific Islanders American Indians Alaskan Native Americans Other Section III - General Provisions ❑ The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. I hereby certify that the information on this form is complete and accurate, to the best of my knowledge: Name:_Laura Carstens Title: Planning Services Manager - 42 - • \ \ \ s ?,ec BAFFLED VORTEX SEPARATOR WS) Outdoor Classroom UPPER BEE BRANCH CREEK RESTORATION - DUBUQUE, IOWA 771 EXTENSiONOF HERITAGE TRAIL REGIONAL BIKEIPED PROUTY Bee Branch Creek Restoration Project RHINE COARSE SEDIMENT BAY NEW 22ND 1 STI 1010 GE Outdoor Classroom NEW RNOMMERG ST BRIDGE R-UNE COARSE SEDIMENT RAY LEVEL CONTROL FEATURE WITH AERATION (La) NEW RAILROAD BRIDGE