Loading...
HomeMy WebLinkAbout2016-087 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-87 RESOLUTION IDENTIFYING THE NEED FOR FUNDING TO COMPLETE ITS 2040 COMPREHENSIVE PLAN UPDATE AND AUTHORIZING AN APPLICATION FOR PLANNING ASSISTANCE GRANT FUNDS WHEREAS the City of Lino Lakes must review and update its comprehensive plan as required by the "decennial" review provision of Minnesota Statutes section 473.864, subdivision 2; and WHEREAS, on April 27, 2016, the Metropolitan Council adopted need -based eligibility criteria for awarding available local planning assistance grant funds and established maximum grant amounts for eligible grantees to help grantees review and update their comprehensive plans as required by the "decennial" review provisions of Minnesota Statutes section 473.864, subdivision 2; and WHEREAS, the City is an eligible city, county, or town in the metropolitan area as defined in Minnesota Statutes section 473.121; AND WHEREAS, planning assistance grant funds will be made available to eligible applicants subject to terms and conditions contained in Metropolitan Council grant agreements. NOW THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the Community Development Director is hereby authorized to submit on behalf of the City an application to the metropolitan Council for Local Planning Assistance grant funds for the decennial review and update of the City's local comprehensive plan required under Minnesota Statutes section 473.864; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute on behalf of the City a grant agreement with the Metropolitan Council for planning assistance grant funds. Adopted by the Council of the City of Lino Lakes this 8th day of August, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, Kusterman The following voted against same: none ATTEST: Julia 1 e Bartell, City C Jeff Reinert, Mayo CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala MEETING DATE: August 8, 2016 TOPIC: Consider Resolution No. 16-87, Authorizing Application for Metropolitan Council Planning Assistance Grant Funds VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council authorization to apply for Metropolitan Council grant funds for preparation of the 2040 Comprehensive Plan. BACKGROUND The City of Lino Lakes is eligible for a maximum grant award of $32,000, which can be used for costs directly associated with our local 2040 Comprehensive Plan Update. Eligible costs include staff pay, consultant and professional services, printing and publishing; provided that they are entirely consistent with a Council -approved work plan and budget and executed two- party grant agreement, the Council's Comprehensive Development Guide, the Metropolitan Land Planning Act, and other applicable state laws. Grant funds may not be used for costs incurred prior to execution of a grant agreement between the Metropolitan Council and the City of Lino Lakes. The Planning Assistance Grants are non-competitive grants to eligible communities for the 10 - year update to their local comprehensive plans. As a non-competitive grant, all applications received from eligible applicants by the submission deadline of September 5, 2016 will be awarded funding up to the award maximum. Upon execution of a grant agreement, communities will be expected to have their local Comprehensive Plan Update reviewed and adopted by December 31, 2018. To retain eligibility for funding, the local Plan Update will be required to meet the Statutory 6 -month Requirements for Adjacent and Affected Jurisdiction Review. In addition, the local Plan Update must be complete as described in the Council's Local Planning Handbook (see http://metrocouncil.org/Handbook.aspx), must conform to metropolitan system plans of the Council, must be consistent with the adopted policies of the Council, and must be compatible with the plans of adjacent and affected jurisdictions. Grantees will also be expected to submit both a mid -point and final progress report and to maintain accurate and complete accounts, financial records, and supporting documents relating to the receipt and expenditure of the grant funds. The Planning Assistance Grant will be disbursed in two installments, with the first 50% of the grant amount disbursed to the Grantee within 30 days after final execution of a grant agreement and the remaining 50% disbursed after the Council has reviewed and acted upon the Grantee's Comprehensive Plan Update, with that action finding that the update meets all Statutory requirements for timeliness, completeness, conformance, consistency, and compatibility. Staff is estimating a project budget of approximately $167,000 for the plan update, excluding staff time. Acceptance of the Metropolitan Council grant would offset additional general fund contributions. Proposed funding for the project is as follows: General Fund $75,000 ($25K in 2016, 2017, & 2018) Met Council $32,000 Trunk Area & Unit $40,000 Surface Water Management $20,000 Total $167,000 RECOMMENDATION Staff is recommending approval of Resolution No. 16-87. ATTACHMENTS 1. Resolution No. 16-87 2. Draft Grant Agreement Grantee: [Community Name Grant Amount: $ XX,000 Council's Authorized Agent: Grant No.::SGVXX-XX End Date: December 31, 2019 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 the "Grantee." WHEREAS, Minnesota Statutes section 473.867 authorizes the Council to establish a planning assis- tance fund for the purpose of making grants and loans to local governmental units to help local gov- ernmental units in the seven -county metropolitan area conduct and implement comprehensive plan- ning activities, including the "decennial" review of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, on May 25, 2015 the Council adopted need -based eligibility criteria for awarding availa- ble local planning program assistance and established potential grant amounts for eligible grantees to help grantees review and update their comprehensive plans as required by the "decennial" review provisions of Minnesota Statutes section 473.864, subdivision 2; and WHEREAS, on December 10, 2014, the Council authorized an initial transfer of funds to the plan- ning assistance fund, and on December 9, 2015, the Council authorized an additional transfer of funds to the total planning assistance fund for grants or loans to local governments under Minnesota Statutes section 473.867; WHEREAS, the Grantee is an eligible city, county, or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is an eligible metropolitan -area city or town acting in partnership with at least 4 other cities or towns and is authorized to submit a joint application and execute this Agreement on behalf of the partnership or consortium; and WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was awarded a grant to help 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 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. The Comprehensive Development guide includes: Thrive MSP 2040 and the Housing Policy Plan (as amended) adopted by the Council pursuant to Minnesota Statutes section 473.145; the Master Water Supply Plan adopted by the Council pursuant to Minnesota Statutes section 473.1565; and the "metropolitan systems plans" adopted by the Council pursuant to Minnesota Statutes sections 473.146 and 473.147. (b) "Comprehensive plan" means a local comprehensive plan update required under Minnesota Stat- utes section 473.864, subdivision 2 that complies with Minnesota Statutes sections 473.858 through 473.865 and other applicable laws, including those provisions in section 473.859 requir- ing housing elements and housing implementation programs. (c) "Metropolitan Land Planning Act" means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes section 473.175 and sections 473.851 through 473.871. (d) "Metropolitan system plans" means the transportation portion of the Comprehensive Development Guide, and the policy plans, and capital budgets for metropolitan wastewater service, transportation, and regional recreation open space. II. GRANT FUNDS 2.01 Grant Amount and Conditions. The Council will provide to the Grantee the "Grant Amount" identified at Page 1 of this Agreement which the Grantee shall use for authorized purposes and eligible activities. The grant funds are made available to the Grantee subject to the following terms and con- ditions: (a) Timely Plan Update Submission. Notwithstanding the December 31, 2019 "End Date" identified on Page 1 of this Agreement, the Grantee must review and update its comprehensive plan as re- quired by Minnesota Statutes section 473.864, subdivision 2, by December 31, 2018. (b) Consultation with Council and Adjacent Review. The Grantee must submit its draft plan update to adjacent governmental units for a 6 -month adjacent review period as required by Minnesota Statutes section 473.858, subdivision 2 prior to submitting the plan update to the Council for review. Prior to submitting its draft plan to adjacent units, the Grantee must consult with the Met- ropolitan Council Sector Representative for its district at least twice to update the Council on plan progress and potential policy conflicts. (c) Consultation with Watershed Management Organizations. The Grantee must ensure local surface water management planning requirements of Minnesota Statutes sections 473.859, subdivision 2 and 103B.235 are met by the December 31, 2018, deadline. (d) Completeness; Plan Content. The comprehensive plan submitted by the Grantee must be "com- plete" as described in the Council's Local Planning Handbook, which is available online at metro - council. org/handbook. aspx, and must comply with the plan content requirements of Minnesota Stat- utes section 473.859 and other applicable law. If the plan is not complete as described in the Local Planning Handbook, the plan must be made complete within three (3) months of the incompleteness determination, or as otherwise mutually agreed to by the Council and the Grantee. (e) Conformance to Metropolitan System Plans and Policy Plans. The comprehensive plan submitted by the Grantee must conform to metropolitan system plans of the Council. The comprehensive - 2 - plan is deemed to comply with this condition if the Council concludes after its review that the plan is not likely to have a substantial impact on or contain a substantial departure from metro- politan system plans and allows the plan to go into effect without a plan modification. (0 Consistency and Compatibility. The comprehensive plan update submitted by the Grantee must be consistent with the adopted policies of the Council, including housing policy. In addition, the comprehensive plan must also be compatible with the plans of adjacent and affected jurisdictions. 2.02 Disbursement Schedule. The Council will disburse fifty percent (50%) of the Grant Amount to the Grantee within thirty (30) days after final execution of this Agreement. The Council will dis- burse the remaining fifty percent (50%) of the Grant Amount after: (a) the Grantee has submitted, as appropriate, either (i) the entire current comprehensive plan and the certification required under Minnesota Statutes section 473.864, subdivision 2(a); or (ii)submitted the entire updated comprehensive plan and amendment or amendments to its comprehensive plan necessitated by its review to the Council for review; and (b) the Council has reviewed and acted upon the Grantee's submission; and (c) the Grantee has complied with the terms and conditions stated in Paragraph 2.01. 2.03 Authorized Use of Funds. The grant funds 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 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, Minnesota's Critical Areas Act, or other applicable state laws. The Grantee agrees to promptly remit to the Council any unspent grant funds and any grant funds that are not used for the authorized purposes specified in this paragraph. III. REPORTING, ACCOUNTING, AND AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Grantee's assigned Sector Representative 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 funds are 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 sum- mary of the work plan activities completed; a summary of work plan activities to be accomplished during the remaining months of the work plan with associated anticipated completion dates; 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 pro- ject 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 3 of the work plan activities completed since the submission of the midpoint progress report; a summary of project outcomes, total project costs and sources of funds for those expenditures in- cluding both this grant, city funds, and other sources of funds; and a list of itemized expenditures of the grant funds. 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 funds. 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 six (6) 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 six-year period, whichever is later. 3.03 Audits. The books, records, documents, and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) 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 Agree- ment is the individual identified on page 1 of this Agreement, or another designated Council em- ployee. Written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: Metropolitan Council Community Development Division 390 Robert Street North Saint Paul, Minnesota 55101-1805 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This 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 Agreement. The term of this Agreement may be extended by written agreement of the Council, but only in conjunc- tion with an extension authorized under Minnesota Statutes section 473.864, subdivision 2. 4.02 Termination. This Agreement may be teiriiinated 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 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 con- sent. 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 4 5.01 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. 5.02 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 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. 5.03 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state, and local laws. 5.04 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance pro- vided by the Council in promotional materials, reports, publications, and notices relating to the project activities funded under this Agreement. 5.05 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. METROPOLITAN COUNCIL GRANTEE By: Date: Beth Reetz, Director Community Development Division -5 By: Name: Title: Date: By: Name: Title: Date: (Signature of Authorized Representative) (Signature of Authorized Representative) 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. N:ICommDevlLPA\Planning Assistance Fund\Planning Grants12018 Grants AdministrationtGrant Agreement Template.docx 12/2015 -6