HomeMy WebLinkAbout9B - Comprehensive Plan Update
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
ISSUES:
ALTERNATIVES:
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STAFF AGENDA REPORT
9B
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF AUTHORIZATION TO EXECUTE
PLANNING GRANT AGREEMENT WITH THE METROPOLITAN
COUNCIL FOR THE COMPREHENSIVE PLAL~ UPDATE
JANUARY 20, 1998
Last year, the City Council authorized staff to apply for a planning
grant from the Metropolitan Council to defray the anticipated costs
of amending the Comprehensive Plan to comply with recent
changes in State law. The Metropolitan Council has awarded the
City $11,310 to assist in the planning effort. Staff is seeking
authorization to execute the attached contract with the Metropolitan
Council.
Staff has estimated that costs associated with the plan update could
be as much as $27,000. This grant would defray a significant
portion of the City's costs, particularly for consultant work which
is required to upgrade the Transportation section of the Plan. -me
remainder of the $27,000. cost is included in the approved 1998
Planning budget.
The primary issue here is whether it is worth the grant amount to
establish the necessary cost tracking required by the grant
agreement. Staff believes that the grant is worth the effort as the
cost tracking system can be used for other purposes in the future.
1. Authorize the Mayor and the City Manager to execute the
attached grant agreement.
2. Do not authorize execution of the grant agreement.
RECOMMENDATION: Alternative 1. The grant is one of the means which the Planning
staff has pursued to minimize City costs to the property taxpayer.
ACTION REQUIRED: Motion authorizing the ,Mayor and the City Manager to execute the
attac~ed gran~eernt with the Metropolitan Council
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Reviewed7 'anr Boyles, City Manager
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16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL:AL OPPORTUNITY E:VIPLOYER
METROPOLITAN COUNCIL
LOCAL PLANNING ASSISTANCE PROGRAM
GRANT AGREEMENT
THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council")
and the metropolitan-area governmental unit identified above as "Grantee."
WHEREAS, Minnesota Statutes section 473.867 requires the Council to establish a planning
assistance fund for the purposes of making grants and loans to local governmental units to assist
local governmental units in the seven-county metropolitan area conduct and implement
comprehensive planning activities, including the review and amendment of local comprehensive
plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and
WHEREAS, pursuant to Minnesota Statutes section 473.867, subdivision 4, planning assistance
grant funds shall not exceed seventy-five percent of the total costs and expenses of the project,
service or activity for which the grant is awarded; and
WHEREAS, in May 1997 the Council issued its Metropolitan Council Local Planning Assistance
Grant Guidelines and solicited applications for local planning assistance grant funds; and
WHEREAS, the Grantee is a city or town in the metropolitan area as defined in Minnesota Statutes
section 473.121, or is a metropolitan-area city, town or county acting in partnership with cities or
towns which was authorized to submit a joint application and execute this grant agreement on behalf
of the partnership; and
WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was
awarded a grant to fund eligible comprehensive planning activities identified in the application.
NOW THEREFORE, in reliance on the representations and statements above and in consideration
of the mutual promises and covenants contained in this grant agreement, the Grantee and the
Council agree as follows:
I. DEFINITIONS
1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph
have the meanings given them in this paragraph unless otherwise provided or indicated by the
context.
(a) "Comprehensive Development Guide" means the comprehensive development guide for the
seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section
473.145, and the policy plans and other components of the development guide adopted by the
(b)
Council pursuant to Minnesota Statutes Chapter 473, including the Regional Blueprint
adopted by the Council pursuant to Minnesota Statutes section 473.145.
"Comprehensive Plan" means a comprehensive plan which complies with Minnesota Statutes
sections 473.858 through 473.865, in~\uding those provisions in section 473.859 which
require housing elements and housing implementation programs.
(c) "Metropolitan Land Planning Act of 1976 " means the land use planning prOVISIons of
Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and sections
473.851 through 473.871, as amended.
II. GRANT FUNDS
2.01 Grant Amount, The Council will provide to the Grantee the "Grant Amount" identified at
page 1 of this grant agreement which the Grantee shall use for authorized purposes and eligible
activities. Any reduction or termination of the match amount required under paragraph 2.02 may
result in a like reduction in the Grant Amount.
2.02 Seventy-Five Percent Limit. The Grant Amount provided to the Grantee under this
agreement may be used to pay up to seventy-five (75) percent of the total costs and expenses of the
projects, services and activities described in the Grantee's work plan and budget. The Grantee shall
match the Grant Amount received from the Council on at least a one-for-three basis. The matching
funds may include in-kind work or cash and shall be identified in the work plan budget and in the
progress reports required under paragraph 3.01.
2.03 Authorized Use of Funds. The Grant Amount provided to the Grantee under this agreement
shall be used only for the purposes and eligible activities described in the Grantee's work plan and
budget as approved by the Council. A copy of the Grantee's approved work plan and budget is
attached to and incorporated into this agreement as Attachment A. Eligible activities are outlined in
the May 1997 Metropolitan Council Local Planning Assistance Grant Guidelines and include, but
are not limited to, staff pay, consultant and professional services, printing and publishing. Grant
funds may not be used for per diem payments to appointed or elected board or commission
members. Grant funds also may not be used to purchase or acquire equipment or other tangible,
nonexpendable personal property or for activities inconsistent with the Council's Comprehensive
Development Guide, the Metropolitan Land Planning Act of 1976, as amended, Minnesota's Critical
Areas Act of 1973, as amended, or other applicable state laws. The Grantee agrees to promptly
remit to the Council: any unspent grant funds; any grant funds which are not used for the authorized
purposes specified in this paragraph; and any interest earnings described in paragraph 2.05 which
are not used for the purposes of implementing the work plan activities described in Attachment A.
2.04 Disbursement Schedule, Within thirty (30) days after final execution of this agreement, the
Council will disburse to the Grantee ninety (90) percent of the Grant Amount. The ten (10) percent
amount withheld will be disbursed to the Grantee upon completion of the work plan activities and
receipt of the final progress report described in paragraph 3.01(b).
2.05 Interest Earnings. If the Grantee earns any interest or other income from the Grant Amount
received from the Council under this agreement, the Grantee will use the interest earnings or income
only for the purposes of implementing the work plan activities described in Attachment A.
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III. REPORTING, ACCOUNTING AND AUDIT REQUIREMENTS
3.01 Progress Reports. The Grantee will ,provide to the Council's authorized agent a written
midpoint progress report and a written final progress report describing the status of the work plan
activities described in Attachment A. These reports ensure the Grant Amount made available under
this agreement is appropriately expended as described in the work plan and budget. The reports shall
be subject to the following content and schedule requirements.
(a) Midpoint Progress Report. At approximately the midpoint of the Grantee's work plan
activities, the Grantee must submit to the Council a written midpoint progress report which
includes: a summary of the work plan activities undertaken and completed to date; a summary
of work plan activities to be accomplished during the remaining months of the work plan; and
a summary of unanticipated issues and opportunities that affect the work plan, time schedule
for project completion, or budget. The midpoint progress report also must include a summary
of project costs and sources of funds for those expenditures, and a list of itemized expenditures
of funds received from the Council and matching funds by category in the budget.
(b) Final Progress Report. Upon completion of the work plan activities described in
Attachment A, the Grantee must submit to the Council a written final progress report which
includes: a summary of the work plan activities undertaken and completed since the
submission of the midpoint progress report; a summary of project outcomes, costs and sources
of funds for those expenditures; and a list of itemized expenditures of the Grant Amount
received from the Council and matching funds by category in the budget.
3,02 Accounting and Records. The Grantee agrees to establish and maintain accurate and
complete accounts, financial records and supporting documents relating to the receipt and
expenditure of the Grant Amount received from the Council. Notwithstanding the expiration and
termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and
maintained by the Grantee for a period of three (3) years following the completion of the work plan
activities described in Attachment A. If any litigation, claim or audit is started before the expiration
of the three-year period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved or until the end of the regular three-year period, whichever
is later. The Grantee will keep proper financial records and other appropriate documents sufficient
to evidence the nature and expenditure of the match funds required under paragraph 2.02.
3.03 Audits. The above accounts and records of the Grantee shall be audited in the same manner
as all other accounts and records of the Grantee and accounting shall be in accordance with
generally accepted government auditing standards covering financial and compliance audits. The
accounts and records may be audited or inspected on the Grantee's premises, or otherwise, at any
time by individuals or organizations designated and authorized by the Councilor by appropriate
state or federal agencies, following reasonable notification to the Grantee, for a period of three (3)
years following the completion of the work plan activities described in Attachment A.
3.04 Authorized Agent. The Council's authorized agent for purposes of administering this grant
agreement is Terrence Kayser, or another designated Council employee. The written reports
submitted to the Council should be directed to the attention of the authorized agent at the following
address:
..,
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Metropolitan Council
Mears Park Centre
230 E~J Fifth Street
Saint Paul, Minnesota 55101-1634
IV. GRANT AGREEMENT TERM
4.01 Term and End Date. This grant agreement is effective upon execution of the agreement by
the Council. Unless terminated pursuant to paragraph 4.02 or extended by written agreement
pursuant to paragraph 4.03, this agreement will expire on the "End Date" identified at page 1 of this
grant agreement, or upon completion of the work plan activities described in Attachment A and
submission of the final progress report required under paragraph 3.01(b).
4.02 Termination. This agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of
this agreement and any amendments of this agreement. Termination of this agreement does not
alter the Council's authority to recover funds on the basis of a later audit or other review, and does
not alter the Grantee's obligation to return any funds due to the Council as a result of later audits or
corrections. If the Council determines the Grantee has failed to comply with the terms and
conditions of this agreement, the Council may take any action to protect its interests, may refuse to
disburse additional funds and may require the Grantee to return all or part of the funds.
4,03 Amendment. The Council and the Grantee may amend this agreement by written mutual
consent. Amendments, changes or modifications to the Grantee's approved work plan and budget
shall be effective only on the execution of written amendments signed by authorized representatives
of the Council and the Grantee.
V, GENERAL PROVISIONS
5,01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, membership or activity in a local civil rights commission,
disability, sexual orientation or age and will take affirmative action to insure applicants and
employees are treated equally with respect to all aspects of employment, rates of pay and other
forms of compensation and selection for training.
5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with
all applicable federal and state statutory and regulatory conflict of interest laws and provisions.
5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and
hold harmless the Council and its members, employees and agents from and against all claims,
damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting
from the conduct or implementation of the funded work plan activities. This obligation shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall
survive the expiration or termination of this agreement. This indemnification shall not be construed
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as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability
provided by Minnesota Statutes chapter 466, or other applicable state or federal law.
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5.04 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance
with all applicable provisions of federal, state and local laws.
5.05 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance
provided by the Council in promotional materials, reports, publications and notices relating to the
project activities funded under this agreement.
5.06 Warranty of Legal Capacity, The individual signing this agreement on behalf of the Grantee
represents and warrants that the individual is duly authorized to execute this agreement and that this
agreement constitutes the Grantee's valid, binding and enforceable agreements.
IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be
executed by their duly authorized representatives. This agreement is effective on the date of final
execution by the Council.
Approved as to form:
METROPOLITAN COUNCIL
By:
Associate General Counsel
Thomas C. McElveen, Deputy Director
Housing, Development and Implementation
Community Development Division
Date:
GRANTEE
By:
(Signature of Authorized Representative)
Name:
Title:
Date:
By:
(Signature of Authorized Representative)
Name:
Title:
Date:
COMPGRNT,DOC
10/97
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ATTACHMENT A
Grantee's Work Plan and Budget
This Attachment A comprises this page and the Grantee's work plan and budget as approved by the
Council.
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10:56 FA! 6124474245
CITY OF PRIOR LAKE
1aI002
IJ
ell y: OF PRIOR LAKE,
COMPREHENSIVE PLAN UPDATE,
WORK PROGRAM,
l.Determination of 2020 WlSA -
Staff time- 40 hrs. at $16.35~ $654.00
- 20 brs. at $21.63= $432.60
_ 20 hrs. at $28.38= $567.60
Consultant- ~ $2,000.00
Total = $3,654.20
2. Uodate land use data-,
Staff time- 50 hrs. at $16.35= $817.50
Consultant time-O
3. Verifv forecasts:
Staff time- 10 hrs. at $21.63= $216.30
Consultant time- 0
4. Check land use demand 3Qainst revised forecasts-,
Staff time- 10 MS. at $ 21.63= $216.30
- 5 hrs. at $28.38 ~ $141.90
Total = $ 358.20
Consultant time-O
5. Develoo and include economic develooment and redevelooment issues in Plan.,
Staff time- 20 brs. at $l6.35~ $163.50
_ 20 hrs. at $21.63= $216.30
- 10 hrs. at $ 28.38~$283.80
Consultant - $500.00
Total= $1,163.50
6.DeveloTJ EUidelines and criteria for mixed use deveh;r9ment and comnaet desilZ11-
StafItime- 40 hrs. at $16.35= $654.00
- 10 hrs. at $21.63= $216.30
- 20 hrs. at $28.38~ $567.60
Consultant- $3,000.00
Total= $4,437.90
7. Refine road network olans west of County Road 21-,
Stafftime-lO brs. at $16.35~ $163.50
-10 hrs.at $21.63- $216.30
-10 hrs, at $25.96= $259.60
-10 hrs. at $28.38.... $282,80 !J.
-10 brs, at $30.29= $302,90
Consultant- $3,500.00
Total= $4,725.10
8. Particioa,tiQn in Countv Road 42 Corridor Study and inclusion of oertinent study results
in Plan-
Staff time- 10 hrs. at $28.38= $283,80
80 hrs. at $30.29=$2,423.20
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Number 8, continued
10 ms. at $25.96= $259.60
Consultant- = $2,500.00
Total= $5,460.60
9. Particination in northern Scott County Water Suonlv Work Groun and inclusion of
uertinent results in Plan-:
Staff time- 60 hrs. at $21.63= $1,297.80
- 40 hrs. at $25.96= $1,038.40
- 10 brs. at $28.38='= $283.80
- 40 brs. at $30.29= $1,211.60
Consultant- == $3,000,00
Total= $6,831.60
Grand Total=
$27,664.90
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