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Home My WebLink About4.s. Payment for Metropolitan Council Planning Assistance Loans a � i City of Rosemount Executive Summary for Action City Council Meeting Date: February 1, 1994 Agenda Item: Payment for Metropolitan Agenda Section: Council Planning Assistance CONSENT AGENDA Loans Prepared By: Donna Quintus Agenda Planning Secretary ��M ,# '� S Attachments: Loan Agreement No. L-92-4 and iipp ved y: No. L-92-7 In February, 1992, the Metropolitan Council granted to the City of Rosemount a $35, 325 .00 Planning Assistance Loan to assist the City in completing the City of Rosemount Comprehensive Gu.ide P1an: Update 2000 and updating the City' s zon.ing and subdivision ardinances. The second of three equal loan installments was due on January 20, 1994 . The payment required by the agreement is $11, 775 . OD . This repa�ment is included in the 1994 budget account 101-41110-01-601. Planning staff recommends City Council authorization for payment at this time. In March, 1992, the City of Rosemount was the recipient of another Planning Assistance Loan from Metropolitan Council . This loan was to assist in the offsetting of City costs for monitoring of airport relocation activities and processes, coordination at reviews and projects proposed in the designated airport search areas, and staff participation in the Dakota County Airport Working Group. The amaunt of this loan was $17, 175.00 wzth the same payment arrangement as the first loan. The second of the three equal amounts of $5, 725 .00 is due on March 31, 1994. Repayment of Loan No. L-92-7 is included in the 1994 budget account 101-41110-01-601. Planning staff respectfully requests that the City Council consider authorization for payment of the second in.stallment for both loans at this time. Recommended Action: MOTION to authorize payment to Metropolitan Council the sum of $11, 775 from account 1D1-41110-01-601 per conditions set forth in Planning Assistance Laan No. L-92-4; and, further, authorization for payment to Metropolitan Council the sum of $5, 725 from account 101-41110-01-601 as agreed to in Planning Assistance Loan No. L-92-7. City Council Action: 2-01-94.001 i � r~ Loan No. L-92-4 L�AN AGREEMENT BETWEEN TNE METROPOLITAN COUNCIL AND THE CtTY OF ROSEMOUNT THlS AGREEMENT is made and entered inta this loth day of February , 1992, by and between the Metropolitan Councii, hereinafter referred to as the "Council,° and the City of Rosemaunt, hereinaiter referred to as the "Lendee." WHEREAS, the Counci! is authorized by Minnesota Statutes, Section 473.867, to establish a pianning assistance fund to assist (ocal governments in carrying out planning activities and to adopt uniform procedures for the award, disbursement and repayment of grants and loans; and , WHEREAS, the Lendee has applied to the Couneii for a loan to revise the City's comprehensive guide ptan and update the City's zoning and subdivision ordinances; and WHEREAS, the Counci! desires to assist the Lendee in completing its work plan by making a laan through the Council's planning assistance fund NOW, THEREFORE, in consideration of the Council's agreement to loan planning funds to the Lendee and #he Lendee's agreement to repay said funds, the Council and Lendee agree as follows 1. Amourtt The Council shall pay to the Lendee a tota! loan amount of $35,325.00. The - total amount of loan funds shall be made available to the Lendee within ten days following execution of this Loan Agreement. 2. Scope of Work; Estimated Com�letion Date The Lendee agrees to do, perform and carry out in a satisfactory and proper manner the activities specified in fhe work program set forth in Cendee's loan application, which is attached hereto as Appendfx A and made a part hereof. That portion of the work program whict� shafl be funded by the loan award is described in Section 3.A. of this Loan Agreement. The estimated comple#ion date of the work program is August 31, 1992. 3. Authorized Use of Loan Proceeds A. The Lendee sha(I utilize the loan funds to pay for the activities specifisd under "Contract Costs" in the Project Budget contained in Exhibit A, up to a total ma�cimum expenditiare of$35,325.00. The activities so paid for out af loan funds shal( constitute the funded portion of the work program. �t'' B. The Lendee agrees that no more than seventy-�ve percent (75°�� of the total cost of carrying out the work pragram set forth in Appendix A shali be financed by loan funds. C. it is understood and agreed that costs and expenses to be paid for out of toan proceeds shali be in substantial accord with the specifications c�c�tained in Appendix A, and with other provisions contained in this Loan Agreement. I# is further understood and agreed that the foliowing costs and expenses shall be the oniy costs and expenses paid for out of (oan proceeds: 1. Compensation of existing staif. 2. Compensation af newly hired staff. 3. Employment of a qualified consuitant(s). 4. Payment of other casts such as overhead, rental of space and � equipment, purchase of supplies, printing and publishing. 4. Accountina A. The Lendee agrees to establish and maintain an accurate and comp(ste separate control account for loan funds received, and to maintain accurate and complete accounts and records relating to the receipt and expenditure af any and all loan funds including, but not limited to, documentation and information refating to the selection and payment of c�nsultants. B. The above accounts and records of the Lendee sfiafl be audited by the Lendee in the same manner as aA other accounts and recards of the Lendee are audited, and may be audited and/or inspected on the Lendee's premises or otherwise by individuals or organizations designated and authorized by the Council, following reasonable notificafion, during the lpan period and for a period of at least three years following the final loan payment. The Lendee shall provide the Council reasonable access to the Lendee's accounts and records � during business hours. 5. Reports A. Mid-Point Proaress Report. The Lendee shall prepare and deliver to the Council a mid-point progress report advising the Caunci! on the status of the activities undertaken in connection with this Loan Agreement. The report shaU contain a short description of the utili2ation of loan funds to date, projected future planning expenses and any an#icipated prablems in meeting complefion dates. The mid-point progress repo�t • is due May 31, 1992. B. Final Proqress Report. The Lendee agrees that upon completion of the total work program, the �endee will submit to the Council a final -2- `a�' . progress report which shalt be evaluated by the Council to determine that: 1. The pianning casts funded by this {oan did not exceed seventy-five percent (75°fo) of the tatal cost of the work program. 2. The scope of work was completed. 3. The terms of this Loan Agreement were met. The final progress report is due �lovember 20, 1992. 6. General Conditions A. Duration. The period of loan award specified fierein shall camrnence on the execution of this agreement and remain in force and effect until January 2Q, 1995. B. Repayment. The Lendee agrees to repay the Cauncii in accordance with the foilowing schedule: - - 1. The Lendee will remit to the Councii on or before January 20, 1993 an initiai payment of $11,775.00. 2. The Lendee will remit ta the Councii on or before January 20, 7 994 a second payment of $11,775.00. . 3. The Lendee will remit to the Council on or before January 20, � 1995 a finai payment of $11,775.00. C. Breach. In the event that the Councii finds that there ha$ been a failure to compiy with the provisions of this Loan Agreement, the Lendee agrees to repay to the Councii funds nof used in accordance with this Loan Agreement. These funds shaii be repaid at an interest rate of 8 percent per year, compoun�ied annualiy, from the date of the act which was in breach af this Loan Agreement. in addition, the Council reserves #he right to take other action it deems necessary to protect its interests in the event of a breach by the Lendee. D. Chanqes. The terms of this Loan Agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modif'rcatians shall be effective anly upon the execution of written amendments signed by authorized representatives of the Cauncii and the Lendee. E. Nondiscrimination. The Lendee agrees to comply with all appficable laws relating to nondiscrimination, affirmative aetion, public purchase, contracting and employment. . In particular,the Lendee agrees not to discriminate against any empioyee or applicant tor employment because of race, color, religion, sex or national origin, and to take a�rmative action to ensure that -3- . . . � . . . {t.J� . fallowing: employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay and other forms of comper�sation, and selection for training. The Lendee further hereby acknowledges that the Cauncii encaurages the Lendee and its contractors to take a�rmative action to utilize women/minorityidisadvantaged businesse� in their assisted planning ` activities. IN WtTNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and y�ear first above written by their authorized representatives. �a ed as o t11tETR4POLITAN Ct�UN IL nt Counsel haron G. KI mpp, Executiv ector LENDEE: C1TY OF ROSEMOUNT By � _._..--- rt�e ,�.._ � �,,oa�s� -4- r..p ,� � ,' City of Rasemount 11/04/91 COMPREHENSI�'E GUIDE PLAN UPDATE . Remaining Tasks 1) C'nmpietion �f Draft & Review - See attached task list (C) $ 7,800 - - Meeti.ngs: Two with City Cauncil One °.�ith Metro Council Three wii� City staff (S) �,.QQ4 $ 72,800 2) Supplemental Studies: - Pine Bend Utility Feasibility Study (C} $ SO,OC}0 - TH 52 Corridor Study (C) 3,040 - Airpart impact Study (C) 7,SOQ - Downtown Plan {C) 12,000 - Staff Coordination & Review of Supplemental Studies (S} �,,Q.QQ $ 77,544 3} Preparation of Final Guide Plan Document - Desktop Publishi.ng (S) $ 1,000 - Graphics/Maps (S} 2,500 - Im.plementation Plan (S) 1,000 _ .. (C)- 1,500 - Pri.nting of Document (Final) . (P) 3.OQ0 $ 9,400 4) Final Adovtion of Plan (S) $ $00 $) Implementation - Subdivision Ordinance (S) � 3,500 - �A) SUO - Zaning Ordinance (S) I,S00 (A) "500 - Other Implementauon Tasks (S) �,QQQ, $ 9,000 PR�YIOUS EXPENDITURES: Consultant (Plan) ' $ 15,930 Consultant (Sewers) $ 2,5�0 Intem (Cindy Carlsson) $ 6,400 Staff (undetermined) � s = s�r c = co�ui�t . A = Atcarncy P a Prinser Loan No. L-92-7 LOAN AGREEMENT BETWEEN THE METROPOUTAN C011NCiL AND THE CtTY OF Rt?SEMOUNT `4 THIS AGREEMENT is made and entered into this 16tt� day of March , 1992, by and between the Metropolitan Couneil, hereinafter referred to as the "Councii," and the City of Rosemount, hereinafter referred to as#he °Lendee." WHEREAS, the Councii is authorized by Minnesota Statutes, Section 473.867, to estabiish a pianning assistance fund to assist Jocai governments in carrying out planning activities and to adopt uniform procedures for the award, disbursement and repayment of grants and loans; and WHEREAS, the Lendee has appiied to the Counci! for a loan to allaw the city ta participate in the airport p{anning pracess, to monitor the MAC, the Council and the Legisiature regarding airport related aetiyities and processes, to coordinate activities with surrounding local governments, and to participate in the Dakota County working group; and WHEREAS, the Council desires to assist the Lendee in completing its work plan by making a loan through the Councii's planning assistance fund. , NOW, THEREFORE, in consideration of the Councii's agreement to loan planning funds to the Lendee and the Lendee's agreement to repay said funds, the Councii and Lendee agree as foliows: 1. Amount The Council shall pay to the Lendee a total {oan amount of $17,175.00. The fotal amount of loan funds shall be made available to the Lendee within ten days following execution of this Loan Agreement. 2. Scope of Work, Estimated Completion C}ate The Lendee agrees to cio, perform and carry aut in a satisfactory and proper manner the activities specified in the work program se# forth in Lendee's foan application, which is attached hereto as Appendix A and made a part hereof. That portion of the work program which shall be funded by the loan award is described in Sectian 3.A. of this Loan Agreement. The es#imated completion date of the work program is June 30, 1993. 3. Authorized Use of Loan Proceeds A. The Lendee shall utilize the loan funds to pay for the activities specified under "Contract Costs" in the Project Budget contained in Exhibit A, up to a total maximum expenditure of $17,175.00. The activities so paid far out of loan funds shall consfitute the funded portion of the work program. t�,A B. The Lendee agrees that no mare than seventy-five percent (75%) of the total cost of carrying out the wark program set forth in Appendix A shaN be financed by loan funds. C. it is understood and agreed that costs and expenses ta be paid for out of loan proceeds shali be in substantiaf accord with the specifications contained in Appendix A, and with other pravisions contained in this Loan Agreement. Et is further understood and agreed that fhe fallowing costs and expenses shall be the oniy costs and expenses paid for out of loan proceeds: 1. Compensation of existing statf. 2. Compensation of newly hired staff. 3. Empioyment of a qua[�ed consuitant(s). ' 4. Payment o# other costs such as overhead, rental af spa�e and equipment, purchase of suppiies, printing and publishing. 4. Accountinq A. The Lendee agrees to establish and maintain an accurate and complete separate control account for loan funds received, and to maintain accurate and cornplete accounts and records relating to the r�ceipt and expenditure of any and all loan funds inciuding, but not limite�i to, doctamentatian and information relating to the selec#ion and payment af consultants. B. The above accounts and records of the Lendee shalf be audited by the Lendee in the same manner as a(I other accounts and r�cords of the Lendee are audited, and may be audited and/or inspected on fhe Lendee's premises ar otherwise by individuais or organizations designated and authorized by the Council, following reasonable notification, during the loan period and for a period of at least three years foNowing the final loan payment. The Lendee shaN provide the Council reasonable access to the Lendee's accounts and records dur'rng business hours. 5. Reports . . A. Mid-Point Proqress Report. The Lendee sha(I prepare and deliver to the Council a mid-point progress report advising #he Council on the status of the activities under#aken in connection with this Loan Agreement. The report shall contain a short descrip#ion of#he utilization of loan funds ta date, projected future planning expenses and any anticipated problems in meeting completion dates. The mid-point progress report is due March 31, 1993. ' B. Final Progress Report. The Lendee agrees that upan completion of the total work program, the Lendee will submit to the Council a �nal -2- � progress report which shaiF be evaluated by the Counci! to determine that: 1. The plannin� costs funded by this loan did not exceed seventy-five percent �75�) of the totai cost ofi the work program. 2. The scope of work was comp{eted. 3. The terms of this Loan Agreement were met. The final progress report is due .fuly 30, 1993. 6. Generat Conditions A. Duration. The period of loan award specified herein shal( commence an the execution of this agresment and rema�n in force and effect untii March 31, 1995. B. Repayment. The Lendee agrees to repay the Council in accordance with the foilowing schedule: 1. The Lendee wiil remit to the Councii on or before March 31, 1993 an initiaf payment of$5,725.00. 2. The Lendee wi{I remit#o the Councii on or befare March 31, 1994 a second paymen# of$5,725.00. 3. The Lendee wiii remit to the Council on or before March 31, 1995 a final payrnent of$5,725.00. C. Breach. in the event that the Council finds that there has been a failure to comply with the provisions of this Loan Agreement, the Lendee agrees to repay to the Council funds not used in accardance with this Loan Agreement. These funds shail be repaid at an interest rate of 8 percent per year, compounded annuafly, from the date o#the act which was in breach of this Loan Agreement. {n addition, the Councii reserves the right to take other action it deems necessary to protect its interests in the event of a breach by the Lendee. D. Changes. The terms of this Loan Agreement may be changed or modified by mutual agreernent of the parties hereto. Such changes or modifications shail be etfective only upan the execution of written amendments signed by authorized representatives of the Councii and the Lendee. . E. Nondiscrimination. The Lendee agrees to compfy with alf app(icable laws relating to nondiscrimination, affirmative action, public purchase, contracting and employment In particular, the Lendee agrees not to discriminate against any employee or applicar�t for employment because of race, color, retigion, sex or national origin, and to take affirmative action to ensure that applicants and employees are treafed equally with respect ta the _3+ �:.�, foliowing: emplayment, upgrading, demotion, transfer, recruitment, layaff, termination, rates of pay and ather forms of compensation, and selection far training. The Lende� further hereby acknowledges that the Council encaurages th� Lendee and its contractors to take affirmative action to utilize .women/minority/disadvantaged businesses in their assisted planning activities. IN WtTNESS VNHEREOF, the parties hereto have caused this Agreement to be executed an the day and year first above written by their authorized representatives. �AppF ve orm METROPOLtTAN COU CIL " sistant Counsei haron G. Klumpp, �xecu Director LENDEE: CiTY OF ROSEM4UNT By �' /L- __---- Title �too3e� -4- r�..+' � �� r' 1-26-9� ; 9�01 ; �9FTR0 COU�CIL� 1 612 423 5203;# 21 6 ; ' ��: ' u . �, � � . � . � . . ',r 12 f U4/91 �� . Clty of Iia.�emount ' PART'ICIPA�'IO�T tIV AI�ORT �`T�,'NING PR � UCES� Jannary, 199� - Jurz�, X9,�3 � T�IS� ; �'#Y 1VConitoring 14�IAC�s, the 11�Ie#�no► �r'F�rt relc>cation r�i�ted ac�evities.sxid uncil�s aric� the State Leg�slature�s "� P�esses: +� Task wiii b� �mpleted us' � � canstiltants (�10,�00 . � a rambinati,�n of staff t�4,t�0) and outside when n�ed oes �� Assumes 5-14 haurs af staff time per manth; monitor process and�port back o the �� cou$ulf,as�.t will be utiliz.ed to �3'', u R � Actitri#ies wiU be o�r�ated with sutToundin towns w � Assumes t1�at consul B hips and cities, in order to � t�.nt will be reqvired to conduct sp�cial sruaies/research, yze the loCa1 itnp�ct propos�d deci�ions, �Q'I-�" : $ 14,+p00 6 • T� #2 Desfgnated Seaztich Are� Development R,�Yiew; ' Assumes that the City will receive s�(6) tc� ni�e (q) buiIdin � , change requests in the designated sea�rch arsa; �P rmits/zaning ; ► proparation af thesc reviews and the additiQz�ai coardination b �ty 3nd '�C M�trOpD2ltS�i C�t1IICil WiA r� uire �_ etween the narmal revi�w�rocess. � x5 haurs more t7�an � �?� "��I_��'�: $ 2,OOfl , µ TASK ° ,3 �'articipate in the Dakata Coun . �3'A�tgort W�rki�tg Group: ' � Handled by in-house scaff; 5 ° +� .�ssumes c�ne to two nseetin � ° ` &S Pez montl� - 4 hours; � . ► Assumes research an�i prtparatioz� fvr each meetin wiII r of st,aff timC; � �qw'tre A�-8 haurs ' Assum.es project related data callec�on and haurs/manth. �esearch revi�w - g �-��1��: $ b�g0p v ;