HomeMy WebLinkAbout5.b. Mississippi National River and Recreation Area Grant �
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: May 20, 1997
AGENDA ITEM: Mississippi National River& Recreation Area AGENDA SECTION:
Grant Dept. Heads Report
PREPARED BY: Dan Rogness, Community Development Director AGENDA NO: �
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ATTACHMENTS: Funding Agreement APPROVED B .
The City Council previously authorized staffto apply for a grant from the Metropolitan Council related to
planning issues along the Mississippi River. The city is receiving$8,500 which will be matched by in-kind I
services. Staff intends to hire a consultant to assist with the planning effort. I
RECOMMENDED ACTION: MOTION to authorize the Mayor and City Administrator to execute the
Mississippi National River and Recreation Area(IVINRRA)Loca1 Funding Assistance Funding
Agreement. '
COUNCIL ACTION:''
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SG97-81
MISSISSIPPI NATIONAL RIVER AND RECREATION AREA(MNRRA)
LOCAL FUNDING ASSISTANCE
FUNDING AGREEMENT
THIS FUNDING AGREEMENT is made and entered into by the Metropolitan Council
("Council") and the City of Rosemount("Recipient").
WHEREAS, Minnesota Statutes section 116G.15(a) designates the Mississippi River Corridor
within the Saint Paul-Minneapolis seven-county metropolitan area as a critical area under
Minnesota's Critical Areas Act of 1973, as amended; and
WHEREAS, Public Law 100-696, title 16 United States Code section 460zz, established the
Mississippi National River and Recreation Area ("1��TRRA") consisting of the Mississippi River
corridor within the Saint Paul-Minneapolis seven-county metropolitan area; and
WHEREAS, the federal law creating the l��]VRRA was intended to encourage coordination of
governmental programs affecting land and water resources and provide a management framework to
help assure orderly public and private development within the Mississippi River corridor; and
WHEREAS, the Comprehensive Management Plan for the Mississippi National River and
Recreation Area ("MNRRA Comprehensive Management Plan") serves as the general management
plan for land and water use, resource management, visitor use and interpretation, general
development needs,park operations, and plan implementation strategies for the MNRRA; and
WHEREAS, implementation of the MNRRA Comprehensive Management Plan depends on local
units of government which voluntarily update their local comprehensive plans and their critical
areas and shoreland protection ordinances to incorporate the additional resource protection policies
of the MNRRA Corrcprehensive Management Plan, as tailored to local needs; and
WHEREAS, the National Park Service entered into a cooperative agreement with the Council to
provide financial and technical assistance to local units of governments to implement the MNRRA
Comprehensive Management Plan and help local units of governments review their local plans,
ordinances and regulations for conformity with the MNRRA Comprehensive Management Plan; and
WHEREAS,the Recipient is a county, city or other local unit of government with authority for land
use planning and regulation for areas within the MNRRA and the Mississippi River Critical Area.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
agreement,the Recipient and the Council agree as follows:
I. DEFINITIONS I
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. '
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(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
Council pursuant to Minnesota Statutes Chapter 473, including the Recreation Open Space
Development Guide/Policy Plan adopted by the Council pursuant to Minnesota Statutes i
section 473.147. '
(b) "Metropolitan Land Planning Act o,f'1976" means the land use planning provisions of I
Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and sections
473.851 through 473.871.
(c} "MNRRA Corridor" means the Mississippi River Critical Area created by Minnesota Statutes
section 116G.15(a) consisting of the federal Mississippi National River and Recreation Area
established pursuant to title 16 United States Code section 460zz-1(a) and which is subject to
Minnesota's Critical Areas Act of 1973,Minnesota Statutes sections 116G.01 to 116G.14.
(d) "MNRRA Comprehensive Management Plan" means the Comprehensive Management Plan
for the Mississippi National River and Recreation Area approved by the Secretary, U.S.
Department of the Interior, on May 22, 1995 which sets forth a vision, management concepts
and policies, and participant roles in the context of regional plans and trends for conservation,
land use, recreation, transportation, economic development and other identified issues for
areas within the MNRRA Corridor.
(e) "MNItRA Funding Assistance Guidelines" means the l�2NRRA funding assistance guidelines
approved by the Council and dated November 14, 1996, and as subsequently revised.
(fl "Tier 7" means achieving the first level of MNRRA Comprehensive Management Plan
compliance by having required critical area plans in place and continuing to manage lands and
waters within the 1��]�T1ZRA Corridor in compliance with the Critical Areas Act, Minnesota
Governor Executive Order No. 79-19 and its successor authorities, the Metropolitan Land
Planning Act, shoreland and floodplain management statutes and rules, and related laws.
(g) "Tier II" means achieving the second level of MNRRA Comprehensive Management Plan
conformance by voluntarily adopting and implementing local comprehensive plan and
ordinance provisions that exceed existing state and regional land use management
requirements and substantially conform to the land use, resource protections and open space
concepts and policies in the MNRRA Comprehensive Management Plan.
II. FUNDS
2.01 Total Funded Amount. The Council will provide to the Recipient the sum of $8,500.00
which the Recipient shall use for authorized purposes and activities. Any reduction or termination
of the dollar-for-dollar match amount required under paragraph 2.02 may result in a like reduction
in the total funded amount.
2A2 Match Requirement. The funding provided to the Recipient under this agreement may be
used to pay up to fifty (50) percent of the total cost of the activities described in the work plan and
budget as approved by the Council. The Recipient shall match the total funded amount received
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from the Council on at least a dollar-for-dollar 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.
2.03 Authorized Use of Funds. The funds provided to the Recipient under this agreement shall be
used only for the purposes and activities described in the Recipient's work plan and budget as
approved by the Council and the National Park Service. A copy of the Recipient's approved work
plan and budget is attached to and incorporated into this agreement as Attachment A. Eligible
activities are outlined in the MNRRA Funding Assistance Guidelines and include activities
associated with plan and ordinance review and updates that are related to the l��]vRRA Corridor, the
purposes of the MNRRA Comprehensive Management Plan and the purposes of Minnesota's
Critical Areas Act of 1973, as amended. The funds 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.
Acceptance of these funds does not obligate the Recipient to achieve l�2NRRA Tier II conformance.
2.04 Disbursement Schedule. Within thirty(30)days after final execution of this agreement, the
Council will disburse to the Recipient ninety (90) percent of the total funded amount specified in
paragraph 2.01. The ten (10) percent amount withheld will be disbursed to the Recipient upon
receipt of the final progress report described in paragraph 3.01(b).
2.05 Interest Earnings. If the Recipient earns any interest or other income from the funds
received from the Council under this agreement, the Recipient will use the interest earnings or
income only for the purposes of implementing the work plan activities described in Attachment A.
III. ACCOUNTING,AUDIT AND REPORT REQUIREMENTS
3.01 Progress Reports. The Recipient will provide to the Council's authorized agent a written
midpoint progress report and a written final progress report describing the status of the project
activities identified in the work plan. These reports ensure funds made available under this
agreement are appropriately expended as described in the work plans and ensure the expenditures
are consistent with federal requirements. The reports shall be subject to the following content and I,
schedule requirements. '
(a) Midpoint Progress Report. Seven (7) months after the date this funding agreement is fully
executed, the Recipient 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 project 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 Recipient 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 and a summary of unanticipated issues and
opportunities that affected the project work plan, time schedule for completion or budget. The
final progress report also must include a summary of project outcomes, costs and sources of
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funds for those expenditures, and a list of itemized expenditures of funds received from the
Council and matching funds by category in the budget.
3.02 Accounting and Records. The Recipient agrees to establish and maintain accurate and
complete accounts, financial records and supporting documents relating to the receipt and
expenditure of all funds received from the Council. Notwithstanding the expiration and termination
provisions of paragraphs 4.02 and 4.03, such accounts and records shall be kept and maintained by
the Recipient 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-yeaz period, whichever is later.
The Recipient will keep proper financial records and other appropriate documents sufficient to
evidence the nature and expenditure of the dollar-for-dollar match funds required under paragraph
2.02.
3.03 Audits. The above accounts and records of the Recipient shall be audited in the same manner ',
as all other accounts and records of the Recipient and accounting shall be in accordance with
generally accepted govemment auditing standards covering financial and compliance audits. The
accounts and records may be audited or inspected on the Recipient's premises, or otherwise, at any
time by individuals or organizations designated and authorized by the Council or by appropriate
state or federal agencies, including an independent auditor pursuant to title 43 Code of Federal
Regulations part 12, following reasonable notification to the Recipient, for a period of three (3)
years following the completion of the work plan activities described in Attachment A. The funds
and activities under this agreement are subject to the applicable auditing and accounting policies
and cost principles in the following Office of Management and Budget circulars: OMB Circular
A-73 ("Audit for Federal Programs"); OMB Circular A-87 ("Cost Principles for State and Local
Government"); OMB Circular A-97 ("Rules and Regulations Permitting Federal Agencies to
Provide Specialized or Technical Services to State and Local Units of Government Under Title III
of the Intergovernmental Cooperation Act of 1968"); OMB Circular A-102 ("Uniform
Administrative Requirements for Grants-in-Aid to State Governments"); and OMB Circular A-128
("Audit Requirements for State and Local Governments").
3.04 Authorized Agen� The Council's authorized agent for purposes of administering this
funding agreement is Victoria Boers, 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:
Metropolitan Council
Mears Park Centre
230 East Fifth Street
Saint Paul,Minnesota 55101-1634
IV. AGREEMENT TERM
4.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless
extended by written agreement pursuant to paragraph 4.02 or terminated pursuant to paragraph 4.03,
this agreement will expire fifteen(15)months following execution of the funding agreement.
4.02 Amendment and Extension. The Council and the Recipient may amend this agreement by
mutual consent. Amendments, changes or modifications to the objectives and goals identified in the
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Recipient'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 Recipient with concurrence
by the National Park Service. This agreement term may be extended up to six (6) additional months
beyond the fifteen-month term stated in paragraph 4.01 by written request of the Recipient. The
request must state the purpose for the extension, identify a new completion date and describe in
reasonable detail any proposed changes to the work plan and budget. An extension shall be effective
only upon receipt of a written confirmation from the Council's authorized agent. The Recipient
must submit a final progress report upon completion of the work plan activities pursuant to
paragraph 3.01(b).
4.03 Termination. This agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days' written notice to the Recipient. 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 Recipient's obligation to return any funds due to the Council as a result of later audits
or corrections. If the Council determines the Recipient 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 Recipient to return all or part of the funds.
V. GENERAL PROVISIONS
5.01 Equal Opportunity. The Recipient agrees it will not discriminate against any employee or
applicant far employment because of race, color, creed, religion, national origin, sex, marital status, I
status with regard to public assistance, membership or activity in a local civil rights commission, ',
disability, sexual orientation or age and take affiimative action to insure�applicants and employees �
are treated equally with respect to all aspects of employment, rates of pay and other forms of '
cornpensation and selection for training.
5.02 Conflict of Interes� The members, officers and employees of the Recipient 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 Recipient shall defend, indemnify and
hold hannless 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 Recipient. The provisions of this paragraph
shall survive the expiration or termination of this agreernent. This indemnification shall not be
construed as a waiver on the part of either the Recipient or the Council of any immunities or limits
on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law.
5.04 Compliance with Law. The Recipient agrees to conduct the work plan activities in
compliance with all applicable provisions of federal, state and local laws. The applicable provisions
of the following are incorporated by reference into this agreement: Drug-Free Workplace, title 43
Code of Federal Regulations sections 12.600 to 12.630; Government Debarment and Suspension,
title 43 Code of Federal Regulations sections 12.100 to 12.510; Limitations on Payxnents to
Influence Certain Federal Transactions, Federal Acquisition Regulation 52.203-12; Civil Rights
Assurance, Title VI, Civil Rights Act of 1964, title 42 United States Code section 2000d-1; and
Restrictions on Lobbying Disclosure, title 43 Code of Federal Regulations part 18.
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5.05 Acknowledgmen� The Recipient shall appropriately acknowledge the funding assistance
provided by the National Park Service and the Council in promotional materials, reports,
publications and norices relating to the project activiries funded under this agreement.
5.06 Copyrights. The Narional Pazk Service reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce,publish or otherwise use, and to authorize others to use for federal government
purposes, the copyright in any work developed under this agreement, and any rights of copyright to
which the Recipient purchases ownership with the funding made available under this agreement.
5.07 Warranty of Legal Capacity. The individual signing this agreement on behalf of the
Recipient represents and warrants that the individual is duly authorized to execute this agreement '
and that this agreement constitutes the Recipient's valid,binding and enforceable agreements. ,
IN WITNESS WHEREOF, the Recipient and the Council have caused this agreement to be I',,
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 James J. Solem,Regional Administrator
Date
CITY OF ROSEMOUNT
By
Cathy Busho,Mayor
Date
By
Thomas D. Burt, City Administrator
Date
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ATTACHMENT A
Recipient's Work Plan and Budget
This Attachment A comprises this page and pages A-1 through A-4, and consists of the Recipient's
work plan and budget as approved by the Council and the National Park Service.
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APPENDIX A
1996-1997 APPLICATION FOR
N�vRRA LOCAL FU1�tDING ASSISTANCE
1. Applicant C1rY flf Rosemount
2. Name of Local Contact Person D.xn ��a�e s s �
2875 145th St�eet West
Address
Rnsemount , MN 5506�5
Telephone 612—�22-2020
3. Dates Iocal Critical Area Planiordinances were adopted
10/01 /91
Amendment dates
4. Proposed Project Purpose and Outcomes
Rosemount wili use this process to begin amendmendments
for the upcoming 1998 Comprehensive �uide Plan deadline .
The primary loct� /regionai issues relafie to the futcrre uses
of existing/new industrial development ( e . g. , Koch and CF
Industries ) adjacent to an existing county park systm .
How can they coexist better within fihe policies of the
R.R A?'
5. C�urrent status of critical area plans and related ordinances.
Rosemount ' s critical area ordinance has not been used
very much, although the city is currently eval �ating a
proposed industrial use� on a 50 acre site .
6. Goals and issues to be addressed as related to 11� and Mississippi River .
Critical Area Governor's Executive Order. Approach or strategy to
addressing issues.
( a ) Review/assess current ordinances of city/county ;
( b ) Evaluate current industrial user functions and plans ;
( c ) Identify a "model " of appropriate industrial site development
( d ) Amend Comprehensive Guide Plan .
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EXHIBIT A I'
MNRRA �VORK PLAN I
ROSEIVIOUti'T, NIN
OBJECTIVE RESPO(YSIBILITY TIME TABLE BUDGET I'
Review/assess local ordinances Consultant-primary 4/Ol/97- Consultant=$2,000 ,
and plans with MNRf1A City Staff-secondary 5/31/97 Citti Staff=$500 �
E�•aluate current industrial Consultant-primary 5/O1/97- Consultant=�2,000 I
user functions and plans City Staff-secondary 6/30/97 City Staff-1.000 I
Determine Citv's preference City Staff-primary 6/O1/97- Consultant=$�00 I
for river land uses Consultant-secondary 6/30/97 City Staff=$�00 !,
Identify a"model" of quality Consultant-Primarv 6/Ol/97- Consultant=$3,000
industrial site development City Staff-secondary 7/31/97 City Staff=$1,000
Identif�� possible river accesses and Consultant-primary 7/O1!97- Consultant=�1,000
ennancements City Staff-secondary 7/31/97 City Staff=$�00
Propose amendments to city-'s comp. City Staff-primary 8/O1/97- Consultant=$0
Quide plan Consultant-secondary 9/31/97 City Staff=$�,000
TOTAL 4/O1/97- Consultant=$8,�00
9/31/97 Citv Staff=$8.�00
1�'otes: (1) �Iost objectives may include GIS work.
(2) City staff budget is in-kind services.
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CITY OF ROSE�'�IOL�1T
DAkOTA COLi�;TY, tiI7ti:V'ESOTA
RESOLUT'ION 1996- 1 13
A RESOLLTION AUTHORIZNG APPLICATION TO TAE V�'1'ROPOLIT��1
COLiYCIL FOR ld.N.R.R.A. PLAN F'U�TDING ASSISTAi�10E
WHEREAS, the City of Rosemount includes areas within the Nlississippi National River and
R�creation Area (1�INRRA), established by Public Law 100-69b, and the state Niississippi
River Critical Area, established in 1976 by Executive Order pursuant to the Nlinnesota Critical
Area Act of 1973; and
WHEREAS, the Critical Area Act requires that local �overnments within the critical area
develop and maintain updated plans and ordinances that meet standards and requirements as
certified by the l�linnesota Department of Natural Resources; and
ti��3ER.E.�S, the l�f�'RR.-� Comprehensive �Ianagement Plan (the Plan), effective l�Iay �2,
1995, incorporates the existin� state law and standards for the l�iississippi River Critical .4rea
as well as other existin� state, local and re�ional land use authorities in order to implement the
Plan: and
tiV�3EREAS, full implementation of the I�INRRr'� Comprehensive Niana�ement Plan also
depends on local aovernments upda.tin� their plans and ordinances to voluntarily incorporate
the additional resource protection �oals in the MNRRA Plan; as tailored to local ne�ds; and
W�iEREAS, the National Park Service has entered into a cooperative agreement with the
Nletropolitan Council to provide financial and technical assistance to local govemments for
implementation of the MNRRA Comprehensive Management Plan and has authorized the
Nietropolitan Council to provide funding assistance to local �overnments for the review and
assessment of Critical Area and all other relevant local plans, ordinances and enforcement
systems to determine if they conform to the I��RR.A Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount
that the City Administrator is hereby authorized to submit an application for MNRRA Plan
Fundin� Assistance to the Metropolitan Council in the amount of$8,500.
BE IT FURT'HER RESOLVED by the City Council that the City of Rosemount provide at
least fifty (50) percent match for the project costs and will use the NINRRA funding assistance
to review and assess existing plans and ordinances in order to determine how to update such
lans and ordinances for com liance w' w
p p ith state la and/or voluntary conformance with
NINRRr�. Comprehensive Management Plan.
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Resolution 1996 - 1 13
ADOP'I'ED this 17th day of December, 1996.
Cathy Busho, ayor
ATTEST:
Su an NI. R% sh, City Clerk
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Anderson Edwards
Motion by: Seconded by:
Voted in favor: W � PPermann, B�a-sho, Carro I 1 , Edwards, Anderson .
Voted against: N o n e .
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