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
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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 -
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Outdoor
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UPPER BEE BRANCH CREEK RESTORATION - DUBUQUE, IOWA
771
EXTENSiONOF HERITAGE
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Bee Branch Creek
Restoration Project
RHINE COARSE
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Outdoor
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NEW RNOMMERG
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