HomeMy WebLinkAbout1997 Ordinance No. 060ORDINANCE NO . (i)
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 62
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $200,000 GRANT FROM
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)
UNDER THE BROWNFIELD PILOT PROGRAM.
WHEREAS , the City of Englewood applied to the EPA Brownfield Pilot Program for
assistance in Januar y , 1997 ; and
WHEREAS , the 1997 Federal Brownfield initiative proposes to assist cities with
Economic Development projects when an environmental issue interferes with
development; and
WHEREAS , the EPA announced that Englewood has been selected to participate in
the Brownfield Pilot Program on May 16 , 1997 ; and
WHEREAS , the federal funds will capitalize Englewood's Brownfield Revolving
Loan Fund for use within Englewood to conduct environmental assessments of
contaminated property, engineer environmental clean up programs and to obtain the
environmental assurances; and
WHEREAS , although matching funds are not required to receive this grant, staff
has submitted a request for funds because EPA funds may only be used for
assessment and engineering; and
WHEREAS , it would usually be more desirable for Englewood to have funds
available to remediate contamination and expedite site redevelopment as loan funds
are repaid once redeve lopment occurs ; and
WHEREAS , the Englewood Neighborhood and Business Development staff has
been working with local business associations and development professionals to
develop program guidelines and economic development criteria for loans ; and
WHEREAS , a 12 member task force will be meeting twice during the summer of
1997 to provide comments to staff on the program and the staff must consider the task
force comments while completing program documentation for submittal to EPA for
their review and approval ; and
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The City Manager is hereby authorized to accept said $200 ,000 Grant from
the United States Environmental Protection Ag ency (EPA) under the Brownfield
Pilot Program on behalf of the City of Englewood and sign all necessary documents
for such acceptance .
Introduced , read in full, and passed on first reading on the 7th day of July, 1997.
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Published as a Bill for an Ordinance on the 10th day of July, 1997 .
Read by title and passed on final reading on the 21st day of July, 1997 .
Published by title as Ordinance No . f&;2, Series of 1997 , on the 24th day of July
1997.
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy;>!_ the Ordinance passed on final
reading and published by title as Ordinance No.(&', Series of 1 7 .
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United States
Environmental
Protection Agency
Washington. D.C. 20460
Solid Waste
and Emergency
Response (5 101)
EPA 500-F-97-126
April 1997
OEP.A Regional Brownfields
Assessment Pilot
Englewood, CO
Outreach and Special Projects Staff (5101 ) Quick Reference Fact Sheet
EPA's Brownfields Economic Redevelopment Initiative is designed to empower States , communities, and other
stakeholders in economic redevelopment to work together in a timely manner to prevent, assess , safely clean up , and
sustainably reuse brownfields. A brownfield is a site , or portion thereof, that has actual or perceived contamination and
an active potentialforredevelopmentorreuse. Between 1995and1996 , EPA funded 76 National and Regional Brownfields
Assessment Pilots , at up to $200,000 each , to support creative two-year exp lorat ions and demonstrations of brownfields
so lutions. EPA is funding more than 27 Pilots in 19 97. The Pil ots are intended to provide EPA , States , Tribes , municipalities ,
and communities with useful in formation and strategies as they continue io seek new methods to promote a unified
approach to site assessment, environmental cleanup, and redevelopment.
OVERVIEW
EPA Region 8 has selected the City of Englewood as
a Regional Brownfields Pilot. Early this century,
Englewood was home to many of the Denver area 's
heavy manufacturing industries. Several oft.he older
facilities have become functionally obsolete, and
residents near these sites suffer from below average
incomes and population growth. In many cases, the
potential for environmental liability has kept
prospective businesses from redeveloping these
obsolete properties.
The pilot will target two sites that are considered to be
essential toward achieving the City 's long-range
planning goals. General Iron Works is a 280,000
square-foot former iron foundry on an 18-acre parce l.
Almost one-fifth of the residents living near the Iron
Works site live below the poverty level. Unemploy-
ment and poverty rates in nearby neighborhoods are
much higher than the City average.
OBJECTIVES
Englewood 's goal is to establish a brownfields site
assessment revolving loan fund that offers low-inter-
est loans as incentives for private-sector property
owners to voluntarily assess their properties. The
PILOT SNAPSHOT
Englewood, Colorado
Contacts:
Mark Graham
City of Englewood
Office of Ne ighborhood
Business Deve lopment
(303) 762-2353
Date of Award:
April 199 7
Amount: $200 ,000
Site Profile: The pilot will
target two former industrial
sites with known
contaminat ion , ranging in
size from 27 ,000 square
feet to 18 acres.
David Ostrander
U.S. EPA -Region 8
(3 03) 312-B931
ostrander.david@
epamai l.epa .gov
VISit th e EPA Brownflelds Website at
http://www .epa.gov/brownfields
City 's objectives forthe pilot are to encourage assess-
ment, remediation planning, and reuse of known
brownfields; evaluate potentially contaminated sites;
eliminate negative impacts on health and the environ-
ment; and ensure environmental and economic ben-
efits for disadvantaged communities.
ACTIVITIES
Activities planned as part of this pilot include:
• Creating a Brownfields Task Force and establishing
its administrative guidelines;
• Establishing award criteria for a Brownfields Site
Assessment Revolving Loan Fund ;
•Continuing outreach efforts to community
organizations and other stakeholders ;
• Identifying sources of remediation funds and
potential developers for the two target sites;
•Dispersing revolving loan funds for environmental
assessments at both target sites; and
• Evaluating commercial and industrial facilities for
environmental risk potential.
The cooperative agreement for this Pilot has not yet been
negotiated; therefore, activities described in this fact
sheet are subject to change.
Regional Brownfields Assessment Pilot
April 1997
Englewood, Colorado
EPA 500-F-97-126
APP UCATION FOR , .~---·-·· --·· --• I • .. . F'SJERAL ASSISTAN CE
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l . TYPE OP SUBMISSION: I 3. DATE :REC!IVED BY STATE I STAIE APPUCXIICN I
Appii caaon Preappiicatian 4 .DATE~BY FEilERAL IDENI'IFimt
(J CJnmuc::ion a Comauc:inn FEDERAL AGENCY
CI: Non-C=muaion a N'oa-C.immici:icn
S. APPUCANT INFORMATION I
~Name : Orpmzuiouai Uaii: I
ADDRESS (give city, c:J umy, .sw.e. amt =ip code): Nam. «mi teicpange aumber oi ma penon to oe comadllli
iJark Graham oa maUlln iavotviag dria appiic:uioa (give uea code).
Neighborhood and Business Developmen .Hark Graham Proj eci:: llanager ~ (303 ) 762 -2:353 City of Englewood, Colorado [£1 I 3400 s. Ela'!:i Street, Suite 200 1. Typ o of Appiicam: (euim-!l\'IPl."Opriata letter il1 box)
Denver, co 80110 A. State H. In!M=pemieat Schoo& Dia.
B.Cuumy I. 3-e:.rau.i lmL ai Hjpor !.-.i11r
6. Employer fdemification mmii:>er c . .Muaicipai J. Privua U.aivermy
O.T awaailip K. Illliian Tribe
E. !mentara L. Ineiviciual
[[j 8! -f]j [Qj [QJ OJ [] ~ [fil F. !m.mmwiic;ipai M.Protit O ~
G. Speciai Di.mic:t N. Other !Specify):
3. Typ o of .~ii cation: 9. Nair.a of F ocierai Agency:
I m NEW 0 C.:i m:inuation 0 Revisi on IU '"' Environmental Pr o1:e0tir1n .u. I.\ r:rcn,-.~r
D D 10 . Cuatog ofFociem Domatic: A uic•o"" Number If Revisi on. emet" appropriate loa.er(1) in box(oa):
@] rill -![! [] []
A. Inc:ruM Award B. Dec=aae Award C. Inc::-eue Du ratio n Titlo: Super fund State Site -Specific
D. Dec:reue Durati on Other (S?ecify): Cooperative Agreemen'!:s
11 . Deacriptivo 1itlo of ~ii aor.' .1 Project: 11. Areu Aifec:'.zoci by Projoc:t ( citiea. coumiea. sac.ea. ~-):
En~lewood Brownfield Pilot City of Englewood, Colorado Revolving Loan
IJ. ?ropoaed Proj oc:: Revo 1 ving Loan Cao it al iz at~~ C.:i ~oc.at Dicricu Of: v I
Start Data End~D ac.o a. Applicam b. Project
I 8 /1 /97 iii /A City of Englewood, Coloradc Brownfield Pilot
!S. Emmatmi Fund~: !6 . La app iicaaon JU.b j eci to !9V'iew by Stato Exocutiv• Ordal' IZ3 72 Pn>ceu7 I
a. Fecerat I s 200 000 I ~ Thia premppiicalioa wu made availab le to
b. App ii cam I s 0 cbo Stac.o E::acutivo o rder 1:2:372 proceaa for !9V'i-oa:
<:. State I s 0 DATE
.l. Loca i I s 0 r b. NO a Prognm ia aot c:JVonid by E. 0. l ::ii'2
e. Otn ar I s 0 0 or Propm llu aot been Mloctod by Staca for nrvi-
f. m.ir-i-I s 0 I 17. I!! Tim APPLICANT DELINQUENT ON ANY FEDElLU. OEBT1
I g. Tow I s 200,000 I 0 Yea If "Yea.• macb au explanation ~ No
18. TO 7"HE 3EST OF MY KN Owt..:IDOE AND BELIEF. All. DATA ON THIS APPUCATIONIPREAPPUCATIO N A.RE TituE AND COllECT. I TiiE DOCUMENT HAS BEEN D ULY AUTHORlZED BY nm GOVEiU'IINO BODY OF nm APPU CANT AND Tim APPUCAN'l' WILL I COMPL Y WITH THE A'IT ACffiD ASS URANCES IF THE ASSISTANCE ts AW ARD ED .
a. Typ.i ~•ma oi Au lilorizod Repruemai:ive b. TI ti•
c:. P!ICllll ( 303 1 ~
Douglas Clarl~ /\ Cit:y f.lanager Number
'~ I ,.. 762 -2311 .-r--.._
d. s· . I ' Rl!Dr-.. • r~A ~ .. DISll S'"asn-i 1gnallU'lt or A
~ 9r ,t3CP A 0 to 12Ph 7
PnMoua Editiom Noc\aab lo \
. I l
Stllldani Form 424 (REV 4-3!)
.. od OMB CircWu A-102
• e
Oriml Progr11111
Punclion
or Aclivily
(11)
I Urownf ield ·Loan .
2.
3.
4.
5. Tolal!I
C11l11log of' hdcral
IJomc!llic A!l!lislance
Number
(h)
GG-802
6. Object Cla!l!J Calegorie!I
a. Personnel
b. flrlnge Benent!I
c. Tr1lVel
d. Equipment
e. Supplle!t
f. Contractual
g. Construction
h. Other
I. Tota.I Direct Charge!! (Rum of 6a -6h)
j. Indirect Charge!!
e
11\Jl>W ~T INFOltl\IATION -Non-Construcllon l'rogrnms
Fcde111l
(c)
(I)
1G.OOO
0
0
0
15,000
170,000
0
0
200,000
0
SECTION I\ -UUIJW~T SUl\IMAltY
Eslimnlcd Unoblignled 1:umJ9
Non -Federal
(d)
Federal
(e)
?.nn nnn
200,000
SECTION II -llUIJGET CATEGOIHES
UllANT l'RUUHAM, FUN CTION Oil ACTIVITY
(2) (3)
Non -Federal
(f)
(4)
e
OMll Al'l'"""'I llo . OHi 004
New or Revl!led Uuclgcl
Tola I
(g)
200.000
200,000
TOTAL
(5)
15,000
0
0
0
15,000
170,000
0
0
200,000
0
1. Progr11m Income
200,000 200,000 ~TUTALS~um~~ond~) ~ .. ~· . ~·. ·~ 11~1 ,··~·~·.·· .
0 0
Authorized for Local lteproductlon
lla"""r4 r-414A I
l'rucrn...I 'r OMI ctt..ulot J
SECTION C -NON-FIWEltAL ltESOURCES
(1) Ornnl Progrnm (IJ) Applicnnl (c) Slnle (d) Other Sources
8. Bruwniieltl Loan ---
9 .
10 .
11.
12. TOTALS (sum of lines 8 -11) 0 0 0
SECTION U -FOltECASTED CASll NEEOS
TOTAL for Isl Year Isl Quntler 2nd Qunrler 3nl Qnntler
13. Pederal 200,000 150,000 50 1 000 0
14 . Non -Pederal
I~. TOTAL (gum of lineg 13 1111d 14) 200,000 lG0,000 50,000 0
SECTION E -BUDGET ESTIMATES OF FEDERAL FUNIJS NEEUEIJ FOR BALANCE OF TllE PROJECT
Flfl'URE FUNDING l'ERIOIJS (YEARS)
(a) Grant Program (b) first (c) Second (d) Third
16. Browuf ield Loan ---
17.
18.
19.
W. TOTALS (!tum of 1111~ 16-19) 0 0 0
SECl'ION P -OTllER BUDGET INPORMA'llON
(/\llnch ndclitionnl sheets If Necessary)
21 . lJlrttl Charge!: 0 22 . Indirect Chnrgeg:
23. Remark.I
-
• e ,.. ·-'''"'"'. -,, 'I .. rn' llPtll"Oductlon
OMI A..,..,...t llo . DJCl«Mf
(e) TOTALS
n
0
4th Q111rler
0
0
(e) Pourtlt
-
0
0
A. _ 91' 414A f Ut) l'>t
....... l'!>ol "7 OMll C1 _..r A
~EPA
United States EnvironmentaJ Protection Agency
Washinqmn, DC 20460
Certification Regarding
Debarment, Suspension, and Other Responsibility Matters
The prospective participant certifies to me best of its knowledge and belief mat it and its principals:
(a} Are not presemtv debarred, suscended, procosed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal deparnnent or agenC"{;
(bl Have not within a three year period precsding this proposal been convic:ed of or had a civil judgement
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 comrac: under a
public transaction; violation of ~deral or State amitrust statutes or commission or embez:zJement,
theft. forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property; ·
(cl Are not present1y in dic:ed far or otherNise criminally or civilly charged by a oovemment entity (M!deral,
Stare . or local) with commission of any of the offenses enumerated in paragraph (1 )(bl of mis
certification; and
(dl Have not within a three-year period precsding this application/proposal had one or more public
transac:ions (Federal, State, or locall terminated for cause or default.
I understand that a false statement on mis csrtification may be grounds for rejection of mis proposal or
termination of rne award. In addition, under 1 8 USC Sec. 1001. a false statement may result in a fine of
uc to S 10.000 or imprisonment for up to 5 years. or both.
Doug Clark, City
Typed Name
0 I am unable to certify to the above S<:atements. My explanation is attached.
EPA ~rm 5700-'9 (1 i-as1
...
I 10 .. Will comply . if applic:Lble, wirh flood insuranc:::
purchase requirements of Section 102(a) of the
Flood Disaster Protection Ac: of 1973 (P .L. 93-
234) which requires recipiems in a special flood
hazard area to participate in the program and to
purchase flood insur:mc= if the total cost of
insurable construction and acquisition is Sl0,000
or more.
11. wm comolv wirh environmental st3Ildards which
may be prescihed pursuant ro the following: (a)
insrimtion of environrnem:ai quality control
measures under the National Envitonmemai Policy
Act of 1969 (P.L. 91-190) and Ex.ecitive Order
(EO) 11514; (b) nctific3Iion of violating faciities
pursuant to EO 11738; (c ) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in ao:ordance wirh EO
11988; (e ) ass~ of projec: consistency wirh
the approved State management program
developed under the Coastal Zone Management
Ac: of 1972 (16 U.S.C. §§ 1451 et seq.); (f)
conformity of Federal actions to State (Oear Air)
Imolementarion Plans under Section 176 (c ) of the Cear 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
Warer Act of 1974 , as amended , (P.L. 93-523);
and (h) protection of endangered species under the
Endangered Species Ac: of 1973 , as amended,
(P .L. 93-205).
12. Will comply wirh the Wild and Scenic Rivers Act
of 1968 (1 6 U .S.C. §§ 1271 et seq.) rel ated to
protecting components or potential components of
the national wild and scenic rivers system.
City of Englewo o d , Co lor a d o
13. Will assist the awarding agenc'/ in as.mring
comoliance with Section 106 of the Nari.anal
H"m0ric Preservation Act of 1966, as amended (1 6
U.S.C. 470), EO 11593 (idemificarion and
protec:ion of historic properri=). and the
Arch.aeologicai and H"IStOric ~n Aa of
1974 (16 U .S.C. 469a-l et seq.).
14. Will comply with P.L. 93-348 regarding the
protection of human subjects involved in res~
devei~ md related activirie:s suppom:d. by this
award of assistance.
15. Will comply with the Laboratory Animal W eifare
Aa of 1966 (P .L. 89-544, as amended, 7 U.S.C.
2131 et seq.) pertaining to the care, handling, and
t:reatinent of Waml blooded animals held for
res~ teaching, or orher acriviri= 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 muc:ures.
17 . Will cause to be performed the required financial
. and compliance audits in ao:ordanc:: witfl the. Single
Audit Ac: of 1984.
18. Will comolv with all aoolicable reauirements of all
other Fede!ai laws. executive orders. regularions
and policies governing this program. .
Doug Clark, Cit y Manager
DATE SUBMIITI!D
m '
'/ .. ··.::-... ·
.·•···
Certification for Contrac:s, Grants , Loans , and Cooperative Agreements
The unde...~gned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropria.Ied funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for inr1uencing 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 the awarding of any
Federal contract, the making of any Fede...~ grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continua.ti.on,
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 .ro
any person for int1uencing or attempting to inr1uence 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 .
3. The undersigned shall require that the language of this ~rtificati.on be included in the
award documents for all subawards at all tie:-s (including subconrracls. subgrants , and·
contracts under grants. loans , and cooperative agreements ) and that all subrecipients
shall certify and disclose ac:ordingly .
11tis certification is a material representation of fact upon which reliance was pl.aced
when this transaction was made or enrered into. Submission of this certification is a
prerequisite for making or emering imo this transaction imposed by Section 1352 , Title
31 , U.S. Code. Any person who fails to fil e the required certification shall ubject to
a civil penalty of not less than S I 0, 000 and not more than S I 00 , 000 for e:i sue J fujlure.
rlare
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM: SUBJECT:
June 19, 1997 for July 7 , 1997 City Environmental Protection Agency
Council Meeting 10 a v Brownfield Pilot Grant
INITIATED BY: STAFF SOURCE: Mark Graham , Neighborhood
Neighborhood and Business Development Office Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Collaboration: Use public/private partnerships to bring idle commercial/industrial sites back
into productivity, create jobs, housing or civic uses.
Economic Development: Englewood participates in business retention, expansion and re-
development with Brownfield loans when such activity benefits the economic health of the
community.
Residential Issues: Protect health, safety and welfare of people living near contaminated sites.
Provide opportunities to re-develop the land in a manner more compatible with adjacent land
uses.
RECOMMENDED ACTION:
Staff recommends that City Council approve the attached bill for an Ordinance accepting
$200,000 from the Environmental Protection Agency under the Brownfield Pilot Program.
The federal funds will capitalize Englewood's Brownfield Revolving Loan Fund for use within
Englewood to conduct environmental assessments of contaminated property, engineer envi-
ronmental clean up programs and to obtain other environmental assurances .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
On January 13, 1997 , City staff applied to the Environmental Protection Agency(EPA) Brown-
field Pilot Program for assistance. The 1997 Federal Brownfield initiative proposes to assist
cities with Economic Development projects when an environmental issue interferes with devel-
opment. On May 16, 1997, EPA announced that Englewood has been selected to participate in
the Brownfield Pilot Program. Staff proposes to establish, market and administer a Brown-
fields Revolving Loan Fund to demonstrate this public/private approach to the problem of as-
sessing, cleaning and developing sites with environmental contamination issues.
FINANCIAL IMPACT:
Although matching funds are not required to receive this grant , staff has submitted a request
for funds in the five year Capital Improvement Fund because EPA funds may only be used for
assessment and engineering. It would usually be more desirable for Englewood to have funds
available to remediate contamination and expedite site redevelopment. Loan funds get repaid
once redevelopment occurs. Some sources of remediation funding do require match funding
such as the Economic Development Administration(EDA), which requires a 25 3 match.
Other sources of remediation funding like the Department of Housing and Urban Develop-
ment(HUD) may require an identified account balance or revenue stream to guarantee a loan
for environmental cleanup.
2 -
Neighborhood and Business Development staff has been working with local business associa-
tions and development professionals to develop program guidelines and economic development
criteria for loans. A twelve member task force is meeting twice over the summer to provide
comments to staff on the program. Staff must consider Taskforce Comments while completing
program documentation for submittal to EPA for their review and approval.
ATTACHMENTS:
Bill for Ordinance
SUBMITTED BY: REVIEWED BY:
Mark Graham, Project Manager
NBDIGROUPIBOARDSICOUNCILICC EPA PILOT IGA.DOC
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