HomeMy WebLinkAbout2009-010 Council Resolution•
Council Member Reinert introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09 -10
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES
COMMUNITY CONSERVATION ASSISTANCE GRANT
WHEREAS, the Minnesota Legislature by Minnesota Laws 2008 Chap. 367, Sec. 2,
Subd. 3(a) appropriated funds to the Commissioner of the Department of Natural
Resources for the purposes of planning, improving and protecting important natural
areas in the metropolitan region, as defined by Minnesota Statutes, section 473.121,
subdivision 2 and portions of the surrounding counties, through grants, contracted
services, conservation easements, and fee acquisition; and
WHEREAS, an application has been submitted to the State by the City of Lino Lakes for
a portion of the funds needed to update the City's Ordinances relating to low impact and
conservation development described in the application for a Community Conservation
Assistance Grant; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA hereby approves the agreement with the Minnesota
Department of Natural Resources for grant funds in the amount of $25,000 and
authorizes the Mayor and City Clerk to execute such agreement on behalf of the City.
BE IT FURTHER RESOLVED that the City agrees to expend the pledged matching
cash /in -kind contribution in accordance wit .c1 agreement.
Bonne Bartel
City Clerk
e -•n, Mayor
Adopted by the Lino Lakes City Council this 9th day of February, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Gallup and upon vote being taken thereon, the following voted in favor
thereof:
Reinert, Gallup, O'Donnell, Stoltz, Bergeson
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
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STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
AGENDA ITEM 6D
Michael Grochala
February 9, 2009
Consider Resolution No. 09 -10, Authorizing
Execution of MnDNR Community Conservation
Assistance Grant
Simple Majority
The City of Lino Lakes has been selected as a recipient of a Community Conservation
Assistance Grant from the Minnesota Department of Natural resources' (DNR) Metro
Greenways Program. The purpose of the matching grant program is to assist local
governments with the integration of natural resources information and data into local
development and conservation plans and policy decisions. DNR's Metro Greenways
Program is especially interested in supporting local efforts that seek to address
challenges associated with the conservation of remaining natural habitats in rapidly
changing communities.
The City has received a grant award in the amount of $25,000 to assist with the
development and updating ordinances to address environmentally sensitive areas,
storm water management, integrated tree preservation and landscaping requirements,
planned unit development (PUD), low impact development (LID) and conservation
subdivision design. Acceptance of the grant does require a matching cash /in kind
contribution. The Community Development budget currently includes $30,000 for
professional services to revise ordinances as part of the Comprehensive Plan update
implementation.
Funding for this project is from the Minnesota Environment and Natural Resources Trust
Fund and the MN DNR Metro Greenways Program. The Environment and Natural
Resources Trust Fund is a permanent fund established in the Minnesota Constitution
and is funded through proceeds from the Minnesota State Lottery.
RECOMMENDATION
Staff is recommending approval of Resolution No. 09 -10.
ATTACHMENTS
1. Resolution No. 09 -10
2. Mn /DNR Agreement
AGREEMENT BETWEEN THE STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES AND
The City of Lino Lakes
THIS Grant Agreement, and amendments and supplements thereto, is between the State of Minnesota, acting
through its Department of Natural Resources Commissioner (hereinafter "STATE ") and the City of Lino Lakes,
a local government (hereinafter "GRANTEE ").
Recitals
WHEREAS, Under Minn. Stat. ' 84.026 the State is empowered to enter into this grant;
WHEREAS, the Minnesota Legislature by Minnesota Laws 2008 Chap. 367, Sec. 2, Subd. 3(a) appropriated
funds to the Commissioner of the Department of Natural Resources for the purposes of planning, improving,
and protecting important natural areas in the metropolitan region, as defined by Minnesota Statutes, section
473.121, subdivision 2 and portions of the surrounding counties, through grants, contracted services,
conservation easements, and fee acquisition.
WHEREAS, an application has been submitted to the STATE for a portion of the funds needed to update the
City's Ordinances relating to low impact and conservation development described in the application for a Community
Conservation Assistance Grant, which nomination is incorporated into this Agreement by reference, and
WHEREAS, the GRANTEE represents that it is duly qualified and willing to perform the services set forth
erein.
Grant Contract
NOW, THEREFORE, it is agreed:
I) GRANTEE's DUTIES: The GRANTEE shall update the City's Ordinances relating to low impact
and conservation development and submit a project report according to the terms specified in
Attachment A.
A. The GRANTEE agrees to complete the project in accordance with this Agreement and within the
project period specified in the Agreement. Any material change in the scope of the project or
completion date shall require prior written approval by the STATE.
B. Where provisions of the GRANTEE's application are inconsistent with other provisions of this
Agreement, the other provisions of this Agreement shall take precedence over the provisions of
the application.
II) CONSIDERATION AND TERMS OF PAYMENT:
A. CONSIDERATION: Consideration for all services performed by GRANTEE pursuant to this
grant Agreement shall be paid by the STATE as follows:
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410 i. REIMBURSEMENT: Grantee shall be reimbursed an amount not to exceed $25,000.
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ii. TOTAL COMPENSATION: The total State obligation for reimbursements to
GRANTEE shall not exceed $25,000.
iii. USE OF FUNDS: Funds made available pursuant to this Agreement shall be used only
for expenses incurred in performing and accomplishing the purposes and activities
specified herein. The parties agree that as a condition subsequent to this Agreement, any
reduction or termination of funds allocated to the STATE may result in a like reduction to
the GRANTEE.
B. TERMS OF PAYMENT/DISBURSEMENT SCHEDULE: The STATE shall disburse funds
to the GRANTEE pursuant to this Agreement on a reimbursement basis, based upon a payment
request and required expenditure documentation submitted by the GRANTEE and reviewed and
approved by the STATE. The GRANTEE shall be limited to no more then three payments
during the period covered by this Agreement. The GRANTEE shall submit a final billing within
30 days of the end of the project period (June 30, 2010.)
C. GENERAL CONDITIONS:
i. The GRANTEE acknowledges that these funds are proceeds from the State of Minnesota
Environment and Natural Resources Trust Fund (hereinafter the "Trust Fund "), which is
subject to certain legal restrictions and requirements, including Minnesota Statutes
Chapter 116P. The GRANTEE is responsible for compliance with this and all other
relevant state and federal laws and regulations promulgated pursuant thereto governing
the proceeds of the Minnesota Environment and Natural Resources Trust Fund in the
fulfillment of the Project.
ii. All services provided by the GRANTEE pursuant to this Agreement shall be performed
to the satisfaction of the STATE, as determined at the sole discretion of its Authorized
Representative, as set forth in Section VI. of this agreement, and in accord with all
applicable federal, state, and local laws, ordinances, rules and regulations. The
GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory
or performed in violation of federal, state or local law, ordinance, rule or regulation.
III) EFFECTIVE DATES: This GRANTEE shall perform the activities outlined in Section 1 above
during the period from 1/26/2009 or when this agreement is fully executed (whichever is later) through
June 30, 2010 unless extended as provided in Minnesota session law), or until all obligations set forth in
this Grant Agreement have been satisfactorily fulfilled, whichever occurs first.
IV) SURVIVAL OF TERMS: The following clauses survive the expiration or cancellation of this grant
contract: IX). LIABILITY, X). AUDITS, XI). GOVERNMENT DATA PRACTICES ACT: XIV.
PUBLICITY /ACKNOWLEDGEMENT /SIGNAGE, XVII). JURISDICTION AND VENUE,. LAND
ACQUISITION AND REPORTING REQUIREMENTS, and XXII). DATA DISCLOSURE.
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A
• VIII) AMENDMENTS: Any amendments to this Agreement shall require prior written approval by the
V) CANCELLATION: This Agreement may be canceled by the STATE or GRANTEE at any time,
with cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation,
GRANTEE shall be entitled to reimbursement for expenses incurred, for work or services satisfactorily
performed to the date notification to cancel was received.
The STATE may cancel this Grant Agreement immediately if the STATE finds that there has been a
failure to comply with the provisions of this Grant Agreement or that reasonable progress has not been
made, or that the purposes for which the funds were granted have not been or will not be fulfilled. The
STATE may take action to protect the interests of the State of Minnesota, including the refusal to
disburse additional funds and require the return of all or part of the funds already disbursed.
VI) AUTHORIZED REPRESENTATIVES: The STATE's Authorized Representative for the purposes
of administration of this Grant Agreement is the Community Assistant Specialist (Marybeth Block,
1200 Warner Road, St. Paul, MN 55106; 651- 259 -5835) for DNR Central Region Regional Operations.
Such representative shall have final authority for acceptance of GRANTEE's services and if such
services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to clause II,
paragraph B. The GRANTEE's Authorized Representative for purposes of administration of this grant is
Michael Grochala, Community Development Director, City of Lino Lakes, 600 Town Center Parkway, Lino
Lakes, MN 55014. The GRANTEE's Authorized Representative shall have full authority to represent
GRANTEE in its fulfillment of the terms, conditions and requirements of this Grant Agreement.
VII) ASSIGNMENT: GRANTEE shall neither assign nor transfer any rights or obligations under this
Grant Agreement without the prior written consent of the STATE.
STATE and the GRANTEE. Any such amendments to this Grant Agreement shall be in :writing and
shall be executed by the same parties who executed the original Grant Agreement or their successors in
office.
IX) LIABILITY: GRANTEE shall indemnify, save, and hold the STATE, its representatives and
employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred
by the STATE, arising from the performance of this Grant Agreement by GRANTEE or GRANTEE's
agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have
for the STATE's failure to fulfill its obligations pursuant to this Grant Agreement.
X) AUDITS: Under Minn. Stat. 16C.05, subd. 5, the Grantee's books, records, documents, and
accounting procedures and practices relevant to this grant contract are subject to examination by the
State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from
the end of this grant contract.
XI) GOVERNMENT DATA PRACTICES ACT: (if applicable) The GRANTEE must comply with
the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data
provided by the STATE in accordance with this Agreement, and as it applies to all data, created,
collected, received, stored, used, maintained, or disseminated by the GRANTEE in accordance with this
Agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data
referred to in this Article by either the GRANTEE or the STATE.
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If the GRANTEE receives a request to release the data referred to in this Article, the GRANTEE must
immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the
release of the data to the requesting party before the data is released.
XII) PURCHASE OF RECYCLED AND RECYCLABLE MATERIALS: The Grantee shall use this
appropriation in compliance with Minnesota Statutes Chapter 16B.121 and 16B.122 requiring the
purchase of recycled, repairable, and durable materials, the purchase of uncoated paper stock, and the
use of soy -based ink. The GRANTEE shall ensure that all sub- recipients comply with this requirement.
XIII) PUBLICITY /ACKNOWLEDGMENT /SIGNAGE:
A. Publicity. The GRANTEE and subcontractors agree to acknowledge the LCCMR and
DNR Metro Greenways Program recommendations to award Environment Trust Funds to
provide financial support for this project in any statement, press release, sign bid,
solicitation, or other document issued describing the project.
Any such statement will contain the following language:
Funding for this project-was from the Minnesota Environment and Natural Resources Trust
Fund and the MN DNR Metro Greenways Program.
Any site developed or improved by this Project shall display a sign, in a form approved by
LCCMR, stating that the site has received funding from the Minnesota Environment and Natural
Resources Trust Fund.
B. Endorsement. The GRANTEE must not claim that the STATE endorses its products or
services.
XIV) WORKERS' COMPENSATION: GRANTEE shall provide acceptable evidence of compliance
with the workers' compensation insurance coverage requirement of Minn. Stat. ' 176.181, subd. 2.
XV) ANTITRUST: GRANTEE hereby assigns to the State of Minnesota any and all claims for
overcharges as to goods and/or services provided in connection with this Agreement resulting from
antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the
State of Minnesota.
XVI) PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) Prime contractors, not
the DNR, are required to pay subcontractors pursuant to Minn. Stat. ' 16A.1245. Subcontractors need to
submit invoices to the prime contractor for payment.
XVII) JURISDICTION AND VENUE: This Grant Agreement and executed amendments thereto, shall be
governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Grant
Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in
Ramsey County, Minnesota.
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XVIII)REPORTING REOUIREMENTS: The GRANTEE shall submit status reports to the STATE by
the end of June and December of each year of this agreement and a final report at the end of the Grant
period prior to receiving final reimbursement.
XIX) NATIVE PLANT SPECIES: Vegetation planted must be native to Minnesota and preferably of the
local ecotype unless the work program approved by the commission expressly allows the planting of
species that are not native to Minnesota.
XX) OTHER CONDITIONS: It is a condition of acceptance of the appropriation that any agency or
entity receiving the appropriation must comply with Minnesota Statutes, Chapter 116P.
XXI) INSPECTIONS: The STATE's authorized representatives shall be allowed at any time to conduct
periodic site visits and inspections to ensure work progress in accordance with this Agreement,
including a final inspection upon project completion.
Following closure of the project, the STATE's authorized representatives shall be allowed to conduct
post - completion inspections of the site to ensure that the site is being properly operated and maintained
and that no conversion of use has occurred.
XXII) DATA DISCLOSURE: Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law the
GRANTEE consents to disclosure of its social security number, federal employer tax identification
number, and/or Minnesota tax identification number, already provided to the State, to federal and state
tax agencies and state personnel involved in the payment of state obligations. These identification
numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, if any.
XXIH)OTHER PROVISIONS: A copy of this agreement and all incorporated elements shall be
permanently maintained on file by the GRANTEE.
XXIV) STATE ENCUMBRANCE VERIFICATION
a. Individual certifies that funds have been encumbered as
b. Required • Stat. § 16A.15 and 16C.05.
c. S
d. Date: /-/‘ -D 9 Contra t # &' Y 7 �,
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• XXV) AGREEMENT EXECUTION
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be
bound thereby.
ORGANIZATION NAME:
By:
Title:
Date:
STATE AGENCY NAME: Department of Natural Resources
Bv:
Title:
Date:
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ATTACHMENT A
WORK PLAN, BUDGET AND DOCUMENTATION
Grantee: City of Lino Lakes
Project Name: Ordinance Revisions relating to Low Impact and Conservation Development
Grant Amount: $25,000
Project Description: The City's will implement city -wide a conservation design framework, through its Resource
Management System Plan (commonly referred to as "green infrastructure "). To implement this new framework for
development the City, through this project, will comprehensively revisit and update its ordinances to address
environmentally sensitive areas, storm water management, integrated tree preservation and landscaping requirements,
planned unit development (PUD), low impact development (LID), and conservation subdivision design.
Project Terms and Deliverables
1. A map showing intended local and regional greenway corridors of open spaces and natural areas, the
creation of which will preserve and enhance habitat quality and connectivity.
2. Components of the City's official controls (ordinances and/or sections of ordinances) that will implement
the greenway corridor plan by requiring low impact development and other resource conservation
measures. These components will include:
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a. A new Environmentally Sensitive Areas Ordinance that will link the City's land use regulatory
authority with the water based rule- making authority of the Rice Creek Watershed District, based on
the District's "Lino Lakes Resource Management Plan ".
b. Revised tree preservation and landscaping requirements that will coordinate and combine what
currently are separate sections of several ordinances, provide greater levels of protection for forested
areas, and promote ecologically sound stormwater management.
c. Updated sections of the City's Subdivision Ordinance that will include performance standards and
incentives for low impact development and conservation design.
d. Updated stormwater management requirements that will support the implementation of the Resource
Management Plan and the greenway corridor plan by promoting ecologically sound stormwater
management.
e. Updated Planned Unit Development requirements section of the Zoning Ordinance, which will be the
primary tool for designing more creative, environmentally sensitive developments and implementing
the greenway plan.
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f. Updated sections of Zoning Ordinance, such as the zoning map, zoning district requirements, and
performance standards that will further support low impact development and the implementation of the
greenway corridor plan.
3. A project report communicating:
a. The successes and impediments encountered linking the Rice Creek Watershed Districts water based
rule- making authority and the City's land use authority;
b. The successes and impediments encountered in the incorporation of low impact development and
conservation design strategies in other official controls;
c. The city council's actions on the ordinances. (If an ordinance is not adopted, a detailed report to the
DNR documenting why the ordinance was not adopted and what steps will be taken in the future to
revise the proposed ordinance to work towards future-adoption.)
Documentation for Reimbursement: The City of Lino Lakes shall submit no more than 3 invoices to the
State Representative (see section VI) to be reimbursed for the cost of completing this project by September
2010. Invoices must contain the following information:
A. Itemized statement of expenses for reimbursement.
B. Grant Period the expenses were incurred.
C. Total amount of the requested reimbursement for the invoice.
D. Total amount of the grant remaining and the amount of unspent match.
Documentation of Project Completion: The City of Lino .Lakes shall submit the a final report to DNR no
later June 30, 2010 summarizing the project deliverables, including any relevant reports or studies generated
through the project efforts.
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