12-05-23 City Council Agenda December 5, 2023 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Approve Temporary Community Services Commission and 2024 Fund Allocation, Resolution
No. 23-099
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A.Approval of City Council Minutes:
3A.1.Minutes of the Regular City Council Meeting of November 21, 2023
3B.Approval of City Check Registers
3C.Grants and Donations:
3C.1.Adopt Resolution No. 23-100 to Approve Participation in the Metropolitan Council
Environmental Services (MCES) 2024 Private Property Inflow and Infiltration (I/I) Grant
Program
3C.2.Approve Grant Agreement with Metropolitan Council Environmental Services (MCES) for
Publicly Owned Infrastructure Inflow & Infiltration (I&I) Grant Program
CITY COUNCIL REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options for
attending, participating, and commenting. The public can make statements in this meeting during
public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options:
Members of the public may attend this meeting by watching on cable channel 16, streaming on
CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2464 835
9169 and webinar password 1234. Members of the public wishing to address the Council remotely
have two options:
Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment
sections.
Via phone - Call 1-415-655-0001 and enter meeting code 2464 835 9169 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting December 5, 2023 — 6:30 PM
1
3C.3.2023 Annual Grant Funding Update
3D.Adopt Resolution No. 23-101 Granting City Council Consent for Housing and
Redevelopment Authority (HRA) Levy Payable in 2024
3E.Adopt Resolution No. 23-102 - 2024-2033 Capital Improvement Program
3F.Approve Resolution No. 23-103 Adopting the 2024-2025 Budget for Enterprise, Special
Revenue and Internal Service Funds
4.Public Hearing
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
6A.Public Input on Adopting Resolution No. 23-104 to Adopt the Final 2024 of the General
Fund Budget and Resolution No. 23-105 Adopting the Property Tax Levies For Taxes
Payable in 2024.
6B.First Consideration of Ordinance No. 774 - Local Sales and Use Tax Regulations
6C.Review of Council Calendar
6D.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting December 5, 2023 — 6:30 PM
2
EXECUTIVE SUMMARY
Parks & Recreation
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
1C. Approve Temporary Community Services Commission and 2024 Fund Allocation, Resolution No.
23-099
Prepared By
Sheila VanSloun, Parks & Recreation Administrative Assistant
Brian Erickson, Recreation Supervisor
Summary
The 2023 temporary CSC met on Monday, October 16, 2023 to review funding requests from
community service organizations. The following requests were received and amounts recommended
for approval by the CSC for allocation at the November 20, 2023 meeting:
Agency Funding Requested Funding Recommendation
CEAP Meals on Wheels $10,000.00 $8,000.00
Bridge for Youth $5,000.00 $2,500.00
Sweet Potato Comfort Pie $8,000.00 $0.00
Crisis Nursery $8,000.00 $5,000.00
Sojourner $7,500.00 $5,000.00
ResourceWest $2,000.00 $1,000.00
Community Mediation $5,000.00 $2,250.00
YMCA - New Hope $2,500.00 $2,500.00
TreeHouse $5,000.00 $0.00
PRISM $20,000.00 $10,000.00
Senior Services HOME $8,000.00 $5,500.00
Senior Services Outreach $7,000.00 $5,500.00
Damascus Way $3,000.00 $0.00
HUG $5,000.00 $5,000.00
TOTAL $96,000.00 $52,250.00
Agencies will be directed to use the funds for program costs for Golden Valley residents, when
possible.
Financial or Budget Considerations
3
$52,250.00 of funding from the 2024 CSC budget to be distributed to community service
organizations.
Legal Considerations
Resolution reviewed by the City Attorney.
Equity Considerations
Providing unbiased services for families and the community that support and advances diversity,
equity, and inclusion in Golden Valley.
Recommended Action
Motion to receive and file the 2024 allocation recommendation and approve Resolution No. 23-099.
Supporting Documents
2023 Resolution December CSC Meeting.pdf
GVCSC Council Presentation 2023.pptx
4
RESOLUTION NO. 23-099
RESOLUTION APPROVING TEMPORARY
COMMUNITY SERVICES COMMISSION AND 2024 FUND ALLOCATION
WHEREAS, The Golden Valley Community Services Commission (CSC) has been directed by the City
Council to collect family service organization funding applications, review and recommend agencies for
funding who serve Golden Valley Residents; and
WHEREAS, Due to a lack of members on the 2023 CSC, members from other City Commissions have
assumed the duties of the CSC; and
WHEREAS, The City of Golden Valley recognizes that these community members will fulfill it’s the CSC’s
annual duties for this allocation cycle; and
WHEREAS, The City of Golden Valley recognizes that this is a temporary change from the current
bylaws; and
WHEREAS, The 2024 budget has funds identified for the allocation of funding for community service
organization recommendations in an amount following the criteria in the bylaws; and
WHEREAS, The City of Golden Valley supports and accepts the funding recommendations from the
temporary members of the CSC.
THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that
this Council approve the temporary composition of the CSC.
BE IT FURTHER RESOLVED, that this Council approves the following fiscal allocation recommendations:
Agency Funding Requested Funding Recommendation
CEAP Meals on Wheels $10,000.00 $8,000.00
Bridge for Youth $5,000.00 $2,500.00
Sweet Potato Comfort Pie $8,000.00 $0.00
Crisis Nursery $8,000.00 $5,000.00
Sojourner $7,500.00 $5,000.00
ResourceWest $2,000.00 $1,000.00
Community Mediation $5,000.00 $2,250.00
YMCA - New Hope $2,500.00 $2,500.00
TreeHouse $5,000.00 $0.00
PRISM $20,000.00 $10,000.00
Senior Services HOME $8,000.00 $5,500.00
Senior Services Outreach $7,000.00 $5,500.00
Damascus Way $3,000.00 $0.00
HUG $5,000.00 $5,000.00
TOTAL $96,000.00 $52,250.00
5
Adopted by the City Council of Golden Valley, Minnesota this 5th day of December 2023.
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
6
COMMUNITY
SERVICES
COMMISSION
2023 Report &
2024 Allocation Recommendations
December 5, 2023
7
OUR HISTORY
•Established by city council in 1992
•Since inception, the Golden Valley Community Services Commission
(GVCSC) has allocated $1,992,752 to help fund organizations who
serve our local community
•Current commission is comprised of 5 members:
•1 CSC Member
•2 OSRC Members
•2 Planning Commission Members
8
OUR MEMBERS
•Mary McCormick
•Gary Cohen
•Scott Seys
•Lisa Roden
•Matt Olson
9
2023 FUNDRAISING
2022
Run the Valley $5,389
Greens Classic $1,820
Solicitation Letter $9,655
Total Fundraising $16,864
•Run the Valley was held on Saturday, April 15 with 253 participants.
•Solicitation letter amount is through 10-31-23. Does not include funds
received from 2024 solicitation letter, sent in late November.
2023
$9,138
N/A
$6,238
$15,376
10
PULL-TAB REVENUE
•Through 10-31-23, pull-tab revenue is more than 50% of the budget.
At the current run rate, we estimate annual pull-tab revenue could be
close to $50K.
•Pull-tab locations include:
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2024 ALLOCATION
RECOMMENDATIONS
Human Services Agency 2024 Funds Requested Funding Recommendation
CEAP Meals on Wheels $10,000 $8,000
Bridge for Youth $5,000 $2,500
Sweet Potato Comfort Pie $8,000 $0.00
Crisis Nursery $8,000 $5,000
Sojourner $7,500 $5,000
ResourceWest $2,000 $1,000
Community Mediation $5,000 $2,250
YMCA – New Hope $2,500 $2,500
TreeHouse $5,000 $0.00
PRISM $20,000 $10,000
Senior Services HOME $8,000 $5,500
Senior Services Outreach $7,000 $5,500
Damascus Way $3,000 $0.00
HUG $5,000 $5,000
TOTAL $96,000 $52,250
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GVHSC FINANCIAL POSITION
•Reserve balance as of 10-31-2023 = $148,750
Minimum Fund Balance Bylaw:
Each January, the City Finance Director shall calculate the annual minimum fund balance (the
“Minimum Fund Balance”) which shall be equal to one and one-half times the actual operating
expenses of the previous calendar year (January 1 through December 31). For purposes of this
paragraph, operating expenses means all approved allocations and all Commission costs and
expenses related to fundraising from the previous calendar year. Allocation recommendations
shall be made so that the balance of the fund at the end of each year is greater than or equal to
the annually adjusted Minimum Fund Balance.
2024 allocations were made with a careful eye
on an uncertain fundraising future and the
ever-increasing needs of our community and residents.
13
SAVE THE DATE
•Annual solicitation letters were mailed to residents in late November.
•30th annual Run the Valley will take place April 20, 2024.
14
ACTION NEEDED
•Receive and file 2023 report
•Approve 2024 funding allocation recommendations
•Approve notifying agencies of the 2024 allocation amounts with specified
designations
15
November 21, 2023 —6:27 PM
Council Chambers
Hybrid Meeting
CITY COUNCIL REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public were able to make statements in this
meeting during public comment sections, including the public forum which began at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
1B. Roll Call
Present:Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denise La Mere-
Anderson, and Gillian Rosenquist
Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Virnig, Equity
and Inclusion Manager Kaempfer, Housing and Economic Development Manager
Shoquist, Water and Natural Resources Specialist Chirpich, and City Clerk Schyma
1C. 2023 Small Business Saturday Proclamation
Housing and Economic Development Manager Shoquist discussed the staff report, the importance
of Small Business Saturday for local businesses, and the Love Local campaign in Hennepin County.
Motion by Ginis,Second by Rosenquist to support a proclamation recognizing Saturday
November 25, 2023 as Small Business Saturday.
Motion carried 5-0.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by La Mere-Anderson to approve the agenda as submitted.
Motion carried 5-0.
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3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine
by the City Council and will be enacted by one motion. There will be no discussion of these
items unless a Council Member so requests in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.
Motion by Ginis, Second by M. Harris to approve the Consent Agenda as revised:
removal of Item #3F. Receive the City of Golden Valley 2022 Equity Plan Implementation Report.
Motion carried 5-0.
3A.Approval of City Council Minutes:
3A.1. Minutes of the Special City Council Closed Executive Session of November 14, 2023
3A.2. Minutes of the Special City Council Meeting of November 14, 2023 (Canvass Election)
3B. Approval of City Check Registers
3C. Bids, Quotes, and Contracts:
3C.1. Approve Cost Share Agreement with BCWMC for Purchase of High Efficiency Street
Sweeper
3C.2. Approve Purchase of an Elgin Regen X Street Sweeper from MacQueen Equipment, LLC
3C.3. Approve Purchase of a 2024 Ford Escape Hybrid from Ford of Hibbing
3C.4. Approve Purchase of a 2024 Ford F-150 Pickup from Tenvoorde Ford, Inc.
3D.Adopt Resolution No. 23-095 Approving Revised Final Plat for Sentinel GV
3E.Adopt Resolution No. 23-096 Authorizing the Golden Valley City Attorney to Execute
All Necessary Documents to Opt-Out of PFAS Multi-District Litigation
3F.Receive the City of Golden Valley 2022 Equity Plan Implementation Report
3.Items Removed From the Consent Agenda:
3F. Receive the City of Golden Valley 2022 Equity Plan Implementation Report
Council Member Harris wanted to highlight the report and stated that some good strides have
been made but there is still more work to be done.
Equity and Inclusion Manager Kaempfer added the report shows the successes of the past year,
where the areas of growth are for future plans, and the important work the of the DEI Commission
and staff.
Motion by M. Harris, Second by Ginis to receive the City of Golden Valley 2022 Equity Plan
Implementation Report.
Motion carried 5-0.
4.Public Hearing
5.Old Business
6.New Business
All Ordinances listed under this heading were eligible for public input.
17
6A. Second Reading of Ordinance No. 772 - Temporary Goat Grazing
Natural Resources Specialist Chirpich discussed the staff report and how it aligns with the City’s
environmental goals.
Mayor Harris opened the item for public comment. As there were no comments, the public
comment session was closed.
Motion by M. Harris, Second by La Mere-Anderson to adopt second reading of Ordinance No. 772
amending Chapter 6 of the Golden Valley City Code to include temporary goat grazing.
Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
Motion by Ginis, Second by M. Harris to adopt Resolution No. 23-097 Summary Publication of
Ordinance No. 772.
Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
6B. Second Consideration of Ordinance No. 773, Establishing a 2024 Master Fee
Schedule, Resolution Approving Summary Publication
Finance Director Virnig discussed the staff report and how the fee schedule relates to the overall
budget.
Council Member Ginis expressed interest in having staff develop a policy relating to what types of
groups could potentially have fees waived for use of rooms at Brookview.
City Manager Cruikshank stated that while some local organizations do have memorandums of
understanding (MOU) with the City that allows limited use of City facilities, it is a good idea to look
into creating a policy to remove any grey area with facility rentals.
Mayor Harris opened the item for public comment. As there were no comments, the public
comment session was closed.
Motion by Rosenquist, Second by M. Harris to adopt second consideration of Ordinance No. 773,
establishing a 2024 Master Fee Schedule.
Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
Motion by La Mere-Anderson, Second by Rosenquist to adopt Resolution No. 23-098 Authorizing
Summary Publication.
Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
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6C. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
6D. Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
The meeting was adjourned by unanimous consent at 7:08 pm.
________________________________
ATTEST: Shepard M. Harris, Mayor
________________________________
Theresa J. Schyma, City Clerk
19
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
3B. Approval of City Check Registers
Prepared By
Jennifer Hoffman, Accounting Supervisor
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Document is located on city website at the following location:
http://weblink-int/WebLink/browse.aspx?id=1000913&dbid=0&repo=GoldenValley
The check register(s) for approval:
11-21-2023 Check Register
11-29-2023 Check Register
Financial or Budget Considerations
The check register is attached with the financing sources at the front of the document. Each check has
a program code(s) where it was charged.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
20
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
3C.1. Adopt Resolution No. 23-100 to Approve Participation in the Metropolitan Council
Environmental Services (MCES) 2024 Private Property Inflow and Infiltration (I/I) Grant Program
Prepared By
Tim Kieffer, Public Works Director
Summary
The Metropolitan Council Environmental Services (MCES) will be offering 81 eligible cities a limited
number of grants to assist residents with I/I defects within their private sanitary sewer lateral. To
qualify for this program, residents must receive an initial inspection from the city and complete
rehabilitation measures of their sewer before December 31, 2024.
The grant program will end when the MCES budget of $1,500,000 has been allocated. When the
program terminates, participating cities will be notified. The City will serve as the Grant Administrator
for the funds.
To apply, the City needs to adopt a resolution agreeing to participate in the program, confirm that it
will adhere to certain project management criteria, and identify a city officer that is authorized to
submit the Grant Program Work Verification form.
The deadline for the application is December 15, 2023.
Financial or Budget Considerations
There are no budgetary impacts. The City will be required to pay the contractor before submitting
reimbursement from MCES on a quarterly basis. The City is requesting $250,000 in grant funding.
Legal Considerations
The City Attorney has reviewed and approved the resolution and agreement.
Equity Considerations
Applicants must be homeowner(s) with a house value below $529,750, which is 125% of the median
house value according to the most recent data from the Metropolitan Council. For the first six months,
the program will be promoted to homeowners making $83,600 or less, or 0-80% of the median
household income. Applicants qualifying under these two requirements will have repairs funded 100%
up to $10,000. Starting July 1, 2024, the program will be available to the rest of the qualifying
homeowners at 50% up to $5,000.
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Recommended Action
Motion to Adopt Resolution No. 23-100 to Approve Participation in the Metropolitan Council
Environmental Services (MCES) 2024 Private Property Inflow and Infiltration (I/I) Grant Program.
Supporting Documents
Resolution to Approve Participation in the Metropolitan Council Environmental Services (MCES)
2024 Private Property Inflow and Infiltration (I/I) Grant Program
Private Property Inflow and Infiltration Grant Program Application
Metropolitan Council 2024 Private Property Inflow and Infiltration (I/I) Grant Agreement
Private Property Inflow & Infiltration Grant Requirements, Guidelines, and Timeline
22
RESOLUTION NO. 23-100
A RESOLUTION TO APPROVE PARTICIPATION IN THE METROPOLITAN
COUNCIL ENVIRONMENTAL SERVICES (MCES) 2024 PRIVATE PROPERTY
INFLOW AND INFILTRATION (I/I) GRANT PROGRAM
WHEREAS, the City of Golden Valley has been identified by the Metropolitan
Council Environmental Services (“MCES”) as a qualifying municipality for the MCES grant
program which offers residents fifty percent reimbursement on residential sanitary sewer
rehabilitation costs up to $5,000 for applicants not meeting any equity criteria or $10,000
for applicants meeting the equity criteria; and
WHEREAS, the grant application requires the City Council to pass a resolution
authorizing staff to apply for the grant and authorizing the Mayor and City Manager to
sign the grant agreement on behalf of the City of Golden Valley; and
WHEREAS, the MCES also requires the City to agree to act as a Grant
Administrator for funds distributed by MCES to vendors that have met the grant
requirements and performed work for Golden Valley residents as part of the program; and
WHEREAS, the City anticipates it would be one of several communities
participating in the grant program, which program terminates once MCES awards the total
of $1,500,000 set aside for the program.
NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA that this Council
Approves participation in the MCES 2024 Private Property I/I Grant Program (“the
Program”);
Authorizes the City to act as the Grant Administrator for MCES 2024 Private
Property I/I Grant Program for residents that meet the program requirements;
Authorizes the Mayor and City Manager to sign the grant agreement on behalf of
the City and to deliver and execute such documents as may be required by MCES
or the City to administer the Program;
Designates Public Works Director as the authorized representative of the City for
the Program and authorizing them to provide certifications required in the Program
and to submit pay claims for reimbursement of Program costs on behalf of the City;
and
Directs staff to secure and retain documentation for all properties and have them
available to MCES upon request.
BE IT FURTHER RESOLVED,that this Council understands that the grant
program terminates once MCES awards the total of $1,500,000 set aside for the
program.
23
Passed by the City Council of the City of Golden Valley, Minnesota this 5th day of
December, 2023.
____________________________
Shepard M. Harris, Mayor
Attested:
____________________
Theresa Schyma, City Clerk
24
Page -1
PRIVATE PROPERTY INFLOW & INFILTRATION GRANT PROGRAM
Application for Participation -2024
Information
This form provides the basis for entering into an agreement with the Metropolitan Council
Environmental Services (Met Council, ES) for the Private Property Inflow & Infiltration (I/I) Grant
Program for 2024. Completion of this form and its attachments confirms your municipality’s intention to
participate and verifies that the municipality has performed all required activities to receive grant
funding for private residential I/I mitigation work.
More information on the grant program, including program guidelines, can be found at the following link:
https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants/Private-
Property-Inflow-and-Infiltration-Grants.aspx
Grant Application
Municipality Name:City of Golden Valley
Date:12/6/2023
Designated Contact (all correspondence and municipality responsibility regarding participation in the
program should be addressed to the individual named below):
Name:Tim Kieffer, Public Works Director
Address:7800 Golden Valley Road, Golden Valley, MN 55427
Phone Number:(763)593-3960
Email:tkieffer@goldenvalleymn.gov
Requested Grant Amount:$250,000 (the city has averaged 185 repairs over the last five years)
*Recent data suggests an average lining cost of $8,000 per sewer lateral
A resolution from Council confirming this individual’s authority and certification that they have read the
program guidelines and support participation in the program must be submitted.
Is a resolution attached:⾙Yes ☐No
Do you plan to solicit bids from MCUB businesses?⾙Yes ☐No
⾙Check here for acknowledgement of Met Council MCUB approved businesses list.
25
Page - 2 | METROPOLITAN COUNCIL
If you plan to consider an equity component in your grant fund distributions, please provide a
statement explaining how you plan to do this:
Applicants must be homeowner(s) with a house value below $529,750, which is 125% of the median
house value according to the most recent data from the Metropolitan Council. For the first six months,
the program will be promoted to homeowners making $83,600 or less, or 0-80% of the median
household income. Applicants qualifying under these two requirements will have repairs funded 100%
up to $10,000. Starting July 1, 2024, the program will be available to the rest of the qualifying
homeowners at 50% up to $5,000.
Please provide a statement explaining how you plan to do outreach and communication to
reach private property owners.
The City will use its website, newsletter, social media, and direct mailing to inform homeowners. The
focus will be on homeowners who have a greater chance of qualifying for the equity component. The
City was part of the MCES grant program in 2013 and plans to update the flyers, information, and
process from that program. The City also plans to partner with PRISM and Hennepin County for
additional outreach and compliance. Program information will be provided, at minimum, in Spanish and
Russian for non-English speaking residents.
Link to the city’s website: Inflow & Infiltration | Golden Valley, MN (goldenvalleymn.gov)
What, if any, outreach and communication support would be helpful to receive from Met
Council?
Links to information for residents, real estate professionals, and non-profits serving the first-time home
buyer market to inform them of the program and incentive; one-pagers explaining what I&I is and the
importance of reducing it.
26
METROPOLITAN COUNCIL
2024 PRIVATE PROPERTY INFLOW AND INFILTRATION (I/I)
GRANT AGREEMENT NO. SG XXXX-XX
This Council (MCES) FundedGrant Agreement ("Grant Agreement") is entered into this _________ [date
of signature by both parties] between the Metropolitan Council, a public corporation and political subdivision of
the State of Minnesota ("Met Council") and the City of _________, a municipal corporation ("Grantee").
RECITALS
1.In 2022, Minnesota Statutes 2020, section 471.342 was amended to authorize towns and
political subdivisions to establish inflow and infiltration prevention programs and make loans or
grants to property owners.
2.The Metropolitan Council Environmental Services (MCES, Council) calculates the peak hourly
flow discharge limit (I/I Goal) for each community connected to the metropolitan sanitary sewer
disposal system. Wastewater flow that exceeds the respective I/I Goal is considered excessive
flow. Communities that have a measured wastewater flow rate greater than 80 percent of the I/I
Goal are eligible to apply for the Grant.
3.The Council authorizes its staff to enter into a private property inflow and infiltration grant
agreement with local municipalities that are eligible for this grant program.
GRANT AGREEMENT
1.Term of Grant Agreement.
1.1.Effective Date. The effective date of this Grant Agreement is the date on which the Grant
Agreement has been duly executed by both parties.
1.2.Grant Activity Period. The first day of the month following the Effective Date through and
including the expiration date.
1.3.Expiration Date. The latter of (i) 2 years after final distribution of funds to Grantee; or (ii) until
all obligations have been satisfactorily fulfilled, whichever occurs first.
1.4.Survival of Terms. The following clauses survive the expiration, termination, or cancellation of
this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data
Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility.
2.Duties, Representations and Warranties of Grantee and Use of Grant Funds.
2.1.The Grantee agrees to conduct, administer, and complete in a satisfactory manner the program
("Grantee Program") which is described in Grantee's application to Met Council for assistance under the
Met Council's Private Inflow and Infiltration grant program, which application is incorporated into this
Grant Agreement as Exhibit A (Grant Application), and in accordance with the terms and conditions of
this Grant Agreement. Specifically, the Grantee agrees to perform the “Grant Program” in accordance
with a specific timeline, all as described in Exhibit A (Grant Application)and to undertake the financial
responsibilities described in Exhibit A (Grant Application)to this Grant Agreement. The Grantee has
27
2
the responsibility for and obligation to complete the “Grant Program” as described in Exhibit A (Grant
Application). The Met Council makes no representation or warranties with respect to the success and
effectiveness of the “Grant Program”. The Met Council acknowledges that “Grant Program “work may
be limited to soliciting participation by building owners in the “Grant Program” and requires additional
work by the Grantee only to the extent that building owners choose to participate in the “Grant Program”,
all as described in the Grantee's application attached as Exhibit A (Grant Application).
The Grant Funds cannot be used for:
Normal municipal operating or overhead costs, including such related to the Grant
Program;
Grantee's own public sewer infrastructure costs, except for: (i) service laterals to connect
city buildings to sewer pipes, or (ii) city owned portions of service laterals under right-of-
way;
The cost of studies;
Engineering costs;
Planning costs; and
For equipment, machinery, supplies or other property to conduct the Grant Program, except
for equipment, supplies or other property which is used primarily for the Grant Program
and is specifically listed in Exhibit A (Grant Application).
2.2.Grantee Representations and Warranties. The Grantee further covenants with and represents and
warrants to Met Council, as follows:
A.It has the legal authority to enter into, execute and deliver this Grant Agreement and all
documents referred to herein, has taken all actions necessary to its execution and delivery of such
documents and has provided to Met Council a copy of the resolution by its governing body which
authorizes Grantee to enter into this Agreement, to undertake the Private Property I/I Grant Program,
including the Grantee financial responsibilities as shown in Exhibit A (Grant Application)and which
also designates an authorized representative for the Grant Program who is authorized to provide
certifications required in this Grant Agreement and submit pay claims for reimbursement of Grantee
Program costs.
B.It has legal authority to conduct and administer the Grant Program and use the Grant Funds
for the purpose or purposes described in this Agreement.
C.This Grant Agreement and all other documents referred to herein are the legal, valid and
binding obligations of the Grantee enforceable against the Grantee in accordance with their respective
terms.
D.It will comply with all the terms, conditions, provisions, covenants, requirements, and
warranties in this Agreement, and all other documents referred to herein.
E.It has made no materially false statement or misstatement of fact in connection with the
Grant Funds, and all the information it has submitted or will submit to the Council relating to the Grant
Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all
representations contained in its application for the Private I/I Grant are material representations of fact
upon which the Council relied in awarding this Grant and are incorporated into this Agreement by
reference.
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F.It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before
any judicial body or governmental authority against or affecting it and is not in default with respect to any
order, writ, injunction, decree, or demand of any court or any governmental authority which would impair
its ability to enter into this Grant Agreement or any document referred to herein, or to perform any of the
acts required of it in such documents.
G.Neither the execution and delivery of this Grant Agreement or any document referred to
herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of
such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or
provision of any agreement or document to which it is now a party or by which it is bound.
H.The Grantee will not violate any applicable zoning or use statute, ordinance, building code,
rule or regulation, or any covenant or agreement of record relating thereto.
J.The Grant Program will be conducted in full compliance with all applicable laws, statutes,
rules, ordinances, and regulations issued by any federal, state, or other political subdivisions having
jurisdiction over the Grant Program.
K.It has complied with the financial responsibility requirements contained in Exhibit A
(Grant Application).
L.The Grant Program will be conducted substantially in accordance with Exhibit A (Grant
Application)by the Completion Date as stated in Exhibit A (Grant Application).
M.It shall furnish such satisfactory evidence regarding the representations described herein as
may be required and requested by the Met Council.
3.Time.
Grantee must comply with all time requirements described in this Grant Agreement.
4.Eligible Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee generally
only for sewer service lateral repairs or replacements and foundation drain disconnections as described in
Exhibit A (Grant Application). The Grantee shall not be reimbursed for non-eligible costs. Any cost
not defined as an eligible cost or not included in the Grant Program or approved in writing by the Council
is a non-eligible cost.
5.Consideration and Payment.
5.1 The Met Council will reimburse Grantee for eligible costs performed by the Grantee during the
Grant Period in an amount of up to the prequalified work’s grant amount ("Grant Amount"). The Met
Council shall bear no responsibility for any cost overruns that may be incurred by the Grantee or
subrecipients of any tier in the performance of the Grantee Program. The initial Grant amount to Grantee
under this Grant Agreement is $______________.
5.2.Advance. The Met Council will make no advance of the Grant Amount to Grantee. The
disbursement of the Grant Amount shall be in the form of reimbursement for eligible costs as provided
ahead in this Section 5.
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5.3.Payment.To obtain payment under this Grant Agreement, the Grantee shall submit a
Reimbursement Request/Progress Report on forms provided by or acceptable to the Met Council.
Reimbursement Request/Progress Reports may be submitted once per quarter after this grant agreement
has been executed. The Grantee shall describe its compliance with its the financial requirements and
construction work completed and specific addresses where work was undertaken in connection with the
grant and shall provide sufficient documentation of grant eligible expenditures and such other information
as the Met Council’s staff reasonably requests. The Met Council will promptly pay the Grantee after the
Grantee presents to the Met Council a Reimbursement Request/Progress Report and an itemized invoice
for all eligible services actually performed and the Met Council’s Authorized Representative accepts the
invoiced services.
6.Conditions of Payment.
6.1.The Grantee must certify to the Council that work at each site for which payment is requested is
done, that Grantee has received receipts for such work, that the work was not performed in violation of
federal, Met Council, or local law or regulation and that Grantee has issued the appropriate permits for
the work completed in the Grant Program.
6.2.Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to make
reimbursement payments hereunder shall be subject to the following conditions precedent:
A.The Met Council shall have received a Reimbursement Request/Progress Report for such
amount of funds being requested for which the amounts for each individual site have been pre-qualified
by Met Council.
B.The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council, that (i) the Grantee has legal authority to and has taken all actions necessary
to enter into this Agreement and (ii) this Agreement is binding on and enforceable against the Grantee.
C.No Event of Default under this Grant Agreement or event which would constitute an Event
of Default but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
D.The Grantee has supplied to the Met Council all other items that the Met Council may
reasonably require to assure good fiscal oversight of this grant program.
7.Authorized Representative.
The Met Council’s Authorized Representative is:
Name:Ward Brown or successor
Title:Financial Analyst, MCES Pretreatment & Finance
Mailing Address:390 North Robert Street
St. Paul, MN 55101
Phone:(651) 602-1263
E-Mail Address:ward.brown@metc.state.mn.us
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or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to
accept the services provided under this grant contract. If the services are satisfactory, the Met Council’s
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee’s Authorized Representative is:
Name:Tim Kieffer or successor
Title:Public Works Director
Mailing Address:7800 Golden Valley Road
Golden Valley, MN 55427
Phone:(763) 593-8000
E-Mail Address:tkieffer@goldenvalleymn.gov
If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee
must immediately notify the Met Council and within 30 days provide a new City resolution (if such
resolution is necessary) specifying the new Representative.
8.Assignment, Amendments, Waiver, and Grant contract Complete.
8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior consent of the Met Council and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Grant Agreement, or their
successors in office.
8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and approved the
original Grant Agreement, or their successors, or their delegatee in office.
8.3 Waiver. If the Met Council fails to enforce any provision of this Grant Agreement, that failure
does not waive the provision or its right to enforce it.
8.4 Grant Contract Complete. This Grant Agreement contains all negotiations and agreements
between the Met Council and the Grantee. No other understanding regarding this Grant Agreement,
whether written or oral, may be used to bind either party.
9.Liability and Insurance.
9.1 The Grantee and the Met Council agree that they will, subject to any indemnifications provided
herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they
shall not be responsible for the acts of the other party and the results thereof. The liability of the Met
Council is governed by the provisions contained in Minn. Stat. Chapter 466 as it may be amended,
modified or replaced from time to time. The liability of the Grantee, including but not limited to the
indemnification provided under Section 9.2 is governed by the provisions contained in such Chapter 466.
9.2 Indemnification by the Grantee. The Grantee shall bear all losses, expenses (including attorneys'
fees) and damages in connection with the Grant Program and agrees to indemnify and hold harmless the
Met Council, its agents, servants and employees from all claims, demands and judgments made or
recovered against the Met Council, its agents, servants and employees, because of bodily injuries,
including death at any time resulting therefrom, or because of damages to property, or others (including
loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Grant
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Program whether or not due to any act of omission or commission, including negligence of the Grantee
or any contractor or his or their employees, servants or agents, and whether or not due to any act of
omission or commission (excluding, however, negligence or breach of statutory duty) of the Met Council,
its employees, servants or agents.
Grantee further agrees to indemnify, save and hold the Met Council, its agents and employees, harmless
from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grantee,
its officers, employees, or agents, or any provision of the Minnesota Government Data Practices Act,
including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 11.
The Grantee's liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Grantee, or subject to any exclusions from coverage in any insurance policy.
The Grantee shall maintain or require to be maintained adequate insurance coverage for the Grant Program
in such amounts with such limits as it determines in good faith to be reasonable or in such amounts and
with such limits as may be reasonably required for participating cities by the Met Council from time to
time.
9.3 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be
construed in any manner as creating or establishing the relationship of co-partners or a joint venture
between the Grantee and the Met Council, nor shall the Grantee be considered or deemed to be an agent,
representative, or employee of the Met Council in the performance of this Grant Agreement, or the Grant
Program.
The Grantee represents that it has already or will secure or cause to be secured all personnel required for
the performance of this Grant Agreement and the Grant Program. All personnel of the Grantee or other
persons while engaging in the performance of this Grant Agreement the Grant Program shall not have any
contractual relationship with the Met Council related to the work of the Grant Program and shall not be
considered employees of the Met Council. In addition, all claims that may arise on behalf of said personnel
or other persons out of employment or alleged employment including, but not limited to, claims under the
Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its
officers, agents, contractors, or employees shall in no way be the responsibility of the Met Council. Such
personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any
kind whatsoever from the Met Council, including but not limited to, tenure rights, medical and hospital
care, sick and vacation leave, disability benefits, severance pay and retirement benefits.
10.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 Met Council and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
this Grant Agreement.
11.Government Data Practices.
The Grantee and Met Council must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
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referred to in this clause by either the Grantee or the Met Council. If the Grantee receives a request to
release the data referred to in this Clause, the Grantee must immediately notify the Met Council.
12.Workers’ Compensation.
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’
compensation insurance coverage. The Grantee’s employees and agents will not be considered Met
Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf
of these employees and any claims made by any third party as a consequence of any act or omission on
the part of these employees are in no way the Met Council’s obligation or responsibility.
14.Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for
all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
15.Termination.
The Met Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days’
written notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services
prequalified and satisfactorily performed before the termination notice.
16.Data Disclosure.
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the Met Council, to federal and state tax agencies and Met Council personnel involved in the payment
of Met Council obligations. Grantee will require compliance with this Section 16 by Grantee’s
subrecipient of Grant funds and shall submit evidence of such compliance to Met Council as requested.
17.Notices.
In addition to any notice required under applicable law to be given in another manner, any notices required
hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or
certified mail (return receipt requested), to the business address of the party to whom it is directed. Such
business address shall be that address specified below or such different address as may hereafter be
specified, by either party by written notice to the other:
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To the Grantee at:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Attention: Public Works Director
To the Met Council at:
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
Attention: Regional Administrator
With copy to:
MCES General Manager
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
MCES Finance Director
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
18.Default and Remedies.
19.1 Defaults. The Grantee's failure to fully comply with all of the provisions contained in this Grant
Agreement shall be an event of default hereunder ("Event of Default").
19.2.Remedies. Upon an event of default, the Met Council may exercise any one or more of the
following remedies:
a.Refrain from disbursing the Grant;
b.Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such
demand the Grantee shall repay such amount to the Met Council.
c.Enforce any additional remedies the Met Council may have at law or in equity.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives on or as of the date first above written.
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9
METROPOLITAN COUNCIL
By: ________________________________
Regional Administrator, successor, or delegate
Date: _______________________________
GRANTEE:
The Grantee certifies that the appropriate
person(s) have executed the grant contract on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By: ________________________________
Shepard M. Harris, Mayor
Date: _______________________________
By: ________________________________
Timothy J. Cruikshank, City Manager
Date: _______________________________
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PRIVATE PROPERTY INFLOW & INFILTRATION GRANT PROGRAM
Grant Requirements, Guidelines & Timeline – 2024
Information
The Metropolitan Council Environmental Services (Met Council, ES) is implementing a private property
inflow and infiltration (I/I) grant program beginning January 2024. The goal of the program is to assist
private property owners with financial assistance to remove I/I from the regional interceptor system
through repairs of the sewer lateral or foundation drain on the property. ES has committed to assigning
funds every year from the PayGo fund for this grant program.
Council Guidelines
Eligible Municipalities
Eligible municipalities include those that have been designated excessive I/I contributors by the Met
Council or that have had a measurable flow rate within 20 percent of the permitted flow limit.
Eligible Work
• Grants to private property owners shall be for a percentage of actual, reasonable, and verifiable
I/I mitigation costs. No costs of studies, engineering, or planning shall be eligible.
• Grant reimbursement shall be 50% of eligible costs, up to $5,000, for applicants not meeting
equity criteria set by the participating municipalities. Eligible work includes:
o Private lateral repair and/or replacement
o Foundation drain disconnections and new sump pump, if associated with the foundation
drain disconnect
o Lateral televising and cleaning costs if:
▪ Applicant meets the equity criteria or
▪ Televising and cleaning result in repair or replacement of sewer lateral
• Grants of up to $10,000 may be given to private property owners meeting the municipality’s
equity criterion.
• The private service line or foundation drain must be active and serving an occupied building.
• All repairs and replacements must be made with materials and methods consistent with local
codes and permit requirements.
• Qualified spending on eligible work must occur between January 1, 2024, and December 31,
2024.
Grant Process
Application
• ES will notify all eligible municipalities and request grant applications.
• Eligible municipalities will apply for the program and request a total grant amount for anticipated
grant reimbursement to private property owners.
• Applying municipalities must submit the Application for Participation and a resolution from City
Council authorizing application and execution of the grant.
• After all applications are received, ES will review requested grant amounts for proposed work
and encumber a grant amount for each participating municipality. It is anticipated that more
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Page - 2 | METROPOLITAN COUNCIL
grant funds will be requested than what is available, meaning applicants may not receive their
full request. Grant awards will be encumbered to each municipality by this process:
o Half of the available grant funds will be divided equally among participants.
o The remaining half will be distributed to participants based on the size of their grant
request.
• Municipalities will be informed of their total grant amount for the program year at the start of the
program year.
• ES will send grant agreements to municipalities for signature and, upon return, will sign, and will
create purchase orders payable to the applicant municipality.
• Signed agreements and application must be returned to ES prior to participation in the program.
Reporting Requirements and Reimbursement
• Each quarter, municipalities will submit the PPII Reporting Form Excel workbook of work
completed, invoices, and certificates of completeness to certify the work for each grant was
done and records auditable. Only one grant per property may be awarded.
o ES has provided a list of verified Metropolitan Council Underutilized Business (MCUB)
contractors able to perform water and sewer work (attached). It is not required to use the
contractors on that list, but it is provided as an option. More information on the Met
Council MCUB program can be found here: https://metrocouncil.org/About-Us/What-We-
Do/DoingBusiness/Small-Business-Programs/mcub.aspx
• ES will review the PPII Reporting Form Excel workbook and supporting documentation and
issue grant reimbursement. Municipalities have until March 31 of the following year to submit all
paperwork for work performed during the program year.
• Any funds encumbered to a municipality and not spent during the program year will remain in
ES’s PayGo fund.
• The Council reserves the right to change these guidelines if, in its sole discretion, the results of
the process do not equitably allocate the funds.
Equity Component
Thrive MSP 2040 is the Met Council’s vision for the region through the year 2040. It reflects concerns,
needs, and aspirations for the region and addresses our responsibility to future generations. Thrive
MSP 2040 has five outcomes that reinforce and support each other to produce greater benefits for the
region. Those outcomes are Stewardship, Prosperity, Equity, Livability, and Sustainability.
Thrive MSP 2040 provides the following definition of equity: “Equity connects all residents to
opportunity and creates viable housing, transportation, and recreation options for people of all races,
ethnicities, incomes, and abilities so that all communities share the opportunities and challenges of
growth and change. For our region to reach its full economic potential, all of our residents must be able
to access opportunity. Our region is stronger when all people live in communities that provide them
access to opportunities for success, prosperity and quality of life.” (Metropolitan Council, 2014).
The equity component of allowing grant reimbursement up to a $10,000 cap for private property owners
meeting a municipality’s equity criterion is one way equity is incorporated into this program. It is
acknowledged that each municipality has different equity considerations and knows the needs of their
residents the best; therefore, it is up to the municipality to determine if a resident has an equity need
and up to the municipality to determine the resident’s final grant award, up to $10,000.
If a repair is higher than the program cap of $10,000, options, among others, to cover that cost include
a municipality match, assessing the property for the remaining amount, or requesting payment from the
resident. The means of collection are up to each municipality. Be advised, if grant awards are paid
directly to the private property owner, it is recommended to speak with a tax professional, as the
municipality may have to provide a 1099 tax form.
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Calendar
Send notice of grant program guidelines to municipalities, requesting
applications November 20, 2023
Grant applications due from municipalities December 15, 2023
ES notifies municipalities of their grant amount December 29, 2023
Municipalities submit pay claims for completed work April 30, July 31, October 31,
2024; January 31, 2025
ES processes reimbursement upon receipt of signed agreement Quarterly
Links/References
https://metrocouncil.org/Wastewater-Water/Planning/Wastewater/Inflow-and-Infiltration.aspx
Metropolitan Council. Thrive MSP 2040: One Vision, One Metropolitan Region. (2014).
https://metrocouncil.org/Planning/Thrive-2040/Thrive-MSP-2040-Plan.aspx?source=child.
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
3C.2. Approve Grant Agreement with Metropolitan Council Environmental Services (MCES) for Publicly
Owned Infrastructure Inflow & Infiltration (I&I) Grant Program
Prepared By
RJ Kakach, PE, Assistant City Engineer
Jeff Oliver, PE, City Engineer
Summary
The Minnesota Legislature appropriated $5,000,000 in 2020 for the Metropolitan Council Public
Infrastructure Inflow&Infiltration Grant program. The purpose of this program is to provide
reimbursement to municipalities for capital improvements for public municipal wastewater collection
systems, which reduces the amount of inflow and infiltration into the Metropolitan Council’s sanitary
sewer treatment system. The City of Golden Valley applied for this grant program and City Council
authorized a resolution for application in May of 2021. The Metropolitan Council I&I Grant is a
reimbursement grant for local public improvements made over a two year period. Between January
1st of 2021 and December 31st of 2022, eligible I&I improvements on the City of Golden Valley public
infrastructure system were tracked for reimbursement through the Metropolitan Council public I&I
grant.
The City participated in this grant program in 2012, 2014, and 2017 receiving $71,563 as part of the
2012 grant, $66,017.63 from the 2014 grant, and $197,322.72 as part of the 2017 grant. A resolution
was passed which was then included in the final grant submission to the Metropolitan Council in the
spring of 2021. The final grant agreement amount for the City of Golden Valley is $71,415.
Staff recommends approval of the 2020 Metropolitan Council Municipal Publicly Owned Infrastructure
Inflow and Infiltration Grant Agreement.
Financial or Budget Considerations
The City has spent approximately $556,091 on Inflow/infiltration mitigation efforts over the 2021 and
2022 construction seasons, of which $144,721 is eligible for reimbursement through this grant. Due to
the number of other Cities that applied for this grant, the updated final grant agreement amount is
$71,415, less than what the City is eligible for. The funding for the Inflow & Infiltration mitigation
originated from the Sewer and Water fund and the grant money will be received as revenue in the
same fund.
Legal Considerations
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The grant agreement has been reviewed and approved by the City Attorney.
Equity Considerations
The grant agreement satisfies Pillar 3 of the Equity Plan Pillars by providing unbiased programs and
services to all.
Recommended Action
Motion to approve grant agreement with MCES for Publicly Owned Infrastructure Inflow & Infiltration
(I&I) Grant Program
Supporting Documents
Golden Valley I&I Public Grant Program Agreement
40
Generic GO Bond Proceeds
Grant Agreement for Program End Grants Ver – 10/26/20
Grant Agreement — End Grant
for the Golden Valley Sanitary Sewer
Project
Funded by the
State of Minnesota
General Obligation Bond Proceeds
Metropolitan Council
Municipal Publicly Owned Infrastructure
Inflow/Infiltration Grant Program
41
Generic GO Bond Proceeds
Grant Agreement for Program End Grants i Ver – 10/26/20
TABLE OF CONTENTS
RECITALS
Article 1 DEFINITIONS
Section 1.01 Defined Terms.
Article 2 GRANT
Section 2.01 Grant of Monies.
Section 2.02 Public Ownership.
Section 2.03 Use of Grant Proceeds.
Section 2.04 Operation of the Real Property and Facility.
Section 2.05 Public Entity Representations and Warranties.
Section 2.06 Ownership by Leasehold or Easement.
Section 2.07 Event(s) of Default.
Section 2.08 Remedies.
Section 2.09 Notification of Event of Default.
Section 2.10 Survival of Event of Default.
Section 2.11 Term of Grant Agreement.
Section 2.12 Modification and/or Early Termination of Grant.
Section 2.13 Excess Funds.
Article 3 USE CONTRACTS
Article 4 SALE
Section 4.01 Sale.
Section 4.02 Proceeds of a Sale.
Article 5 COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
Section 5.01 State Bond Financed Property.
Section 5.02 Preservation of Tax Exempt Status.
Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner ’s Order.
Article 6 DISBURSEMENT OF GRANT PROCEEDS
Section 6.01 Disbursement of Grant.
Section 6.02 Conditions Precedent to Disbursement of Grant.
Article 7 MISCELLANEOUS
Section 7.01 Insurance.
Section 7.02 Condemnation.
Section 7.03 Use, Maintenance, Repair and Alterations.
Section 7.04 Records Keeping and Reporting.
Section 7.05 Inspections by Council.
Section 7.06 Data Practices.
Section 7.07 Non-Discrimination.
Section 7.08 Worker’s Compensation.
Section 7.09 Antitrust Claims.
Section 7.10 CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY
OMITTED FROM THIS AGREEMENT.
Section 7.11 Prevailing Wages.
42
Generic GO Bond Proceeds
Grant Agreement for Program End Grants ii Ver – 10/26/20
Section 7.12 Liability.
Section 7.13 Indemnification by the Public Entity.
Section 7.14 Relationship of the Parties.
Section 7.15 Notices.
Section 7.16 Binding Effect and Assignment or Modification.
Section 7.17 Waiver.
Section 7.18 Entire Agreement.
Section 7.19 Choice of Law and Venue.
Section 7.20 Severability.
Section 7.21 Time of Essence.
Section 7.22 Counterparts.
Section 7.23 Matching Funds.
Section 7.24 Source and Use of Funds.
Section 7.25 Third-Party Beneficiary.
Section 7.26 Public Entity Tasks.
Section 7.27 Council and Commissioner Required Acts and Approvals.
Section 7.28 Applicability to Real Property and Facility.
Section 7.29 E-Verification.
Section 7.30 Additional Requirements.
Attachment I — DECLARATION
Attachment II — LEGAL DESCRIPTION OF REAL PROPERTY
Attachment III — SOURCE AND USE OF FUNDS FOR THE PROJECT
Attachment IV — GRANT APPLICATION
43
GENERAL OBLIGATION BOND PROCEEDS
Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program
INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN METRO-
POLITAN COUNCIL AND GOLDEN VALLEY
This Intergovernmental Grant Agreement (“Grant Agreement”) is made this day
of , 2023, and entered into by and between the Metropolitan Council a public corpo-
ration and political subdivision of the State of Minnesota (“Council”) and, Golden Valley a Min-
nesota Municipal corporation (“Grantee”).
RECITALS
A. The Minnesota Legislature has appropriated to the Council in the 2020 Session Laws
Chapter 3, Section 17, subdivision 2, $5,000,000, for a grant program to be administered by the
Council. This appropriation is for the purpose of providing grants to municipalities for capital im-
provements to public municipal wastewater collection systems to reduce the amount of inflow
and infiltration to the Council’s metropolitan sanitary sewer disposal system (“I/I Municipal
Grant Program”).
B. The monies allocated to fund the appropriation to the Council are proceeds of state gen-
eral obligation bonds authorized to be issued under Article XI, §5(a) of the Minnesota
Constitution.
C. The Council has gone through a public process and formally adopted Guidelines for the
I/I Municipal Grant Program. Grantee has read and understands the Council Guidelines (“Council
Guidelines”).
D. The Council has identified Grantee as a contributor of excessive inflow and infiltration
to the Council’s metropolitan sanitary sewer disposal system and thus an eligible applicant for
grant funds under the I/I Municipal Grant Program.
E. Pursuant to its authority under Minnesota Statutes §444.075 [or other authority, if dif-
ferent], Grantee operates a municipal wastewater collection system identified as Golden Valley
Wastewater Collection System (“Wastewater System”) and has submitted an application to and
been approved by the Council for grant funds in the amount of $71,415, for performance of func-
tions and activities for its inflow and infiltration mitigation capital improvement project to the
Wastewater System in accordance with Council guidelines.
F. Council has reviewed and found eligible Grantee’s application for grant funds and has
awarded such grant funds (“G.O. Grant”) to Grantee to construct a capital improvement project
to Grantee’s pipeline as described in and in accordance with the terms and conditions of this
Grant Agreement.
G. The Grantee’s receipt and use of the I/I Municipal Grant Program to acquire an owner-
ship interest in and/or improve real property (the “Real Property”) and structures situated thereon
(the “Facility”) will cause the Grantee’s ownership interest in all of such real property and struc-
tures to become “state bond financed property”, as such term is used in Minn. Stat. §16A.695
(the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order of the
Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed
by the Commissioner of Minnesota Management and Budget and dated July 30, 2012 (the
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“Commissioner ’s Order”), even though such funds shall only be a portion of the funds being used
to acquire such ownership interest and/or improve such real property and structures and that such
funds may be used to only acquire such ownership interest and/or improve a part of such real
property and structures.
H. Council and Grantee desire to set forth herein the provisions relating to the granting of
such G.O. Grant and the disbursement thereof to Grantee and the operation of the Real Property
and the Facility.
ARTICLE I
DEFINITIONS
Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the
meanings set out respectively after each such term (the meanings to be equally applicable to both
the singular and plural forms of the terms defined), unless the context specifically indicates
otherwise
“Agreement” - means this Metropolitan Municipal Publicly Owned Infrastructure In-
flow/Infiltration Grant Program Grant Agreement - End Grant for the Golden Valley Sani-
tary Sewer Project, as such exists on its original date and any amendments, modifications or
restatements thereof.
“Approved Debt” – means public or private debt of the Public Entity that is consented
to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or
will used to acquire an ownership interest in or improve the Real Property and, if applicable,
Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited
to, all debt delineated in Attachment III to this Agreement; provided, however, the Com-
missioner of MMB is not bound by any amounts delineated in such attachment unless he/
she has consented, in writing, to such amounts.
Certification” – means a certification in the form contained in Attachment 1-A to this
Agreement and all amendments thereto, acknowledging that the Real Property and Facilities
is state bond financed property within the meaning of Minn. Stat. §16A.695, is subject to
the requirements imposed by such statutes and cannot be sold, encumbered or otherwise dis-
posed of without the approval of the Commissioner of the MMB.
“Code” - means the Internal Revenue Code of 1986, as amended from time to time,
and all treasury regulations, revenue procedures and revenue rulings issued pursuant
thereto.
“Commissioner of MMB” - means the commissioner of Minnesota Management and
Budget, and any designated representatives thereof.
“Commissioner ’s Order” - means the “Fourth Order Amending Order of the Commis-
sioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by
the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as
amended.
“Council” - means the entity identified as the “Council” in the lead-in paragraph of
this Agreement.
“Counterparty” - means any entity with which the Public Entity contracts under a Use
Contract. This definition is only needed and only applies if the Public Entity enters into an
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agreement with another party under which such other party will operate the Real Property,
and if applicable, Facility. For all other circumstances this definition is not needed and
should be ignored and treated as if it were left blank, and any reference to this term in this
Agreement shall be ignored and treated as if the reference did not exist.
“Declaration” - means a declaration, or declarations, in the form contained in Attach-
ment I to this Agreement and all amendments thereto, indicating that the Public Entity’s
ownership interest in the Real Property and, if applicable, Facility is bond financed property
within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions
imposed thereby.
“Event of Default” - means one or more of those events delineated in Section 2.07.
“Facility”, if applicable, - means the Wastewater Systems as identified in Recital E
which is located, or will be constructed and located, on the Real Property and all equipment
that is a part thereof that was purchased with the proceeds of the Program Grant.
“Fair Market Value” – means either (i) the price that would be paid by a willing and
qualified buyer to a willing and qualified seller as determined by an appraisal that assumes
that all liens and encumbrances on the property being sold that negatively affect the value
of such property, will be paid and released, or (ii) the price bid by a purchaser under a public
bid procedure after reasonable public notice, with the proviso that all liens and encumbran-
ces on the property being sold that negatively affect the value of such property, will be paid
and released at the time of acquisition by the purchaser.
“G.O. Bonds” - means that portion of the state general obligation bonds issued under
the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of
which are used to fund the Program Grant and any bonds issued to refund or replace such
bonds.
“G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended,
modified or replaced from time to time unless such amendment, modification or replace-
ment imposes an unconstitutional impairment of a contract right.
“Grant Application” – means that certain grant application attached hereto as Attach-
ment IV that the Public Entity submitted to the Council. This definition is only needed and
only applies if the Public Entity submitted a grant application to the Council. If the Public
Entity did not submit a grant application to the Council, then this definition is not needed
and should be ignored and treated as if it were left blank, and any reference to this term in
this Agreement shall be ignored and treated as if the reference did not exist.
“Initial Acquisition and Betterment Costs” – means the cost to acquire the Public En-
tity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity
does not already possess the required ownership interest, and the costs of betterments of the
Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is
not bound by any specific amount of such alleged costs unless he/she has consented, in writ-
ing, to such amount.
“Leased/Easement Premises” - means the real estate and structures, if any, that are
leased to the Public Entity under a Real Property/Facility Lease or granted to the Public En-
tity under an easement. This definition is only needed and only applies if the Public Entity’s
ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a
leasehold interest under a Real Property/Facility Lease or by way of an easement. For all
other circumstances this definition is not needed and should be ignored and treated as if it
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were left blank, and any reference to this term in this Agreement shall be ignored and
treated as if the reference did not exist.
“Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement
Premises. This definition is only needed and only applies if the Public Entity’s ownership in-
terest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold inter-
est under a Real Property/Facility Lease or by way of an easement. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
“Outstanding Balance of the Program Grant” – means the portion of the Program
Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof
previously paid back to the Commissioner of MMB.
“Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership
interest in the Real Property and, if applicable, Facility that existed concurrent with the Pub-
lic Entity’s execution of this Agreement. Such value shall be established by way of an ap-
praisal or by such other manner as may be acceptable to the Council and the Commissioner
of MMB. The parties hereto agree and acknowledge that such value is $556,091 or ____
Not Applicable; provided, however, the Commissioner of MMB is not bound by any in-
serted dollar amount unless he/she has consented, in writing, to such amount. If no dollar
amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption
that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should on-
ly be selected and checked when a portion of the funds delineated in Attachment III at-
tached hereto are to be used to acquire the Public Entity’s ownership interest in the Real
Property and, if applicable, Facility, and in such event the value of such ownership interest
should be shown in Attachment III and not in this definition for Ownership Value).
“Program Grant” - means a grant of monies from the Council to the Public Entity in
the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount
thereof may be modified under the provisions contained herein.
“Project” – means the Public Entity’s acquisition, if applicable, of the ownership inter-
ests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the
performance of the activities denoted in Section 2.03. (If the Public Entity is not using any
portion of the Program Grant to acquire the ownership interest denoted in Section 2.02,
then this definition for Project shall not include the acquisition of such ownership interest,
and the value of such ownership interest shall not be included in Attachment III hereto and
instead shall be included in the definition for Ownership Value under this Section.)
“Public Entity” - means the entity identified as the “Public Entity” in the lead-in para-
graph of this Agreement.
“Real Property” - means the real property located in the County of Hennepin, State of
Minnesota, legally described in Attachment II to this Agreement.
“Real Property/Facility Lease” - means a long term lease of the Real Property, the Fa-
cility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only
needed and only applies if the Public Entity’s ownership interest in the Real Property, the
Facility, if applicable, or both, is a leasehold interest under a lease. For all other circumstan-
ces this definition is not needed and should be ignored and treated as if it were left blank,
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and any reference to this term in this Agreement shall be ignored and treated as if the refer-
ence did not exist.
“Council” - means the entity identified as the “Council” in the lead-in paragraph of
this Agreement.
“State Program” – means the program delineated in the State Program Enabling
Legislation.
“State Program Enabling Legislation” – means the legislation contained in the Minne-
sota statute(s) delineated in Recital A and all rules related to such legislation.
“Subsequent Betterment Costs” – means the costs of betterments of the Real Property
and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part
of the Project, would qualify as a public improvement of a capital nature (as such term in
used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of
which has been established by way of written documentation that is acceptable to and ap-
proved, in writing, by the Council and the Commissioner of MMB.
“Use Contract” - means a lease, management contract or other similar contract be-
tween the Public Entity and any other entity that involves or relates to any part of the Real
Property and/or, if applicable, Facility. This definition is only needed and only applies if the
Public Entity enters into an agreement with another party under which such other party will
operate the Real Property, and/or if applicable, Facility. For all other circumstances this
definition is not needed and should be ignored and treated as if it were left blank, and any
reference to this term in this Agreement shall be ignored and treated as if the reference did
not exist.
“Useful Life of the Real Property and, if applicable, Facility” – means the term set
forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that
has no structure situated thereon or if any structures situated thereon will be removed, and
no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as
of the effective date of this Agreement for Facilities that are situated on the Real Property
as of the date of this Agreement, that will remain on the Real Property, and that will not be
bettered, or (iii) the useful life of the Facility after the completion of the construction or bet-
terments for Facilities that are to be constructed or bettered.
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ARTICLE II
GRANT
Section 2.01 Grant of Monies. The Council shall make and issue the Program Grant to the
Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The
Program Grant is not intended to be a loan even though the portion thereof that is disbursed may
need to be returned to the Council or the Commissioner of MMB under certain circumstances.
Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the
Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the
Real Property and, if applicable, Facility must be owned by one or more public entities. Such
ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement.
In order to establish that this public ownership requirement is satisfied, the Public Entity
represents and warrants to the Council that it has, or will acquire, the following ownership
interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will
possess, all easements necessary for the operation, maintenance and management of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04:
(Check the appropriate box for the Real Property and, if applicable, for the Facility.)
Ownership Interest in the Real Property.
□ Fee simple ownership of the Real Property.
□ A Real Property/Facility Lease for the Real Property that complies with the requirements
contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term au-
thorized by a Minnesota statute, rule or session law, then insert the citation:
________________.)
□ An easement for the Real Property that complies with the requirements contained in Sec-
tion 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or
session law, then insert the citation: ________________.)
Ownership Interest in, if applicable, the Facility.
□ Fee simple ownership of the Facility.
□ A Real Property/Facility Lease for the Facility that complies with all of the requirements
contained in Section 2.06.(If the term of the Real Property/Facility Lease is for a term au-
thorized by a Minnesota statute, rule or session law, then insert the citation:
________________.)
□ Not applicable because there is no Facility.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely
to reimburse itself for expenditures it has already made, or will make, in the performance of the
following activities, and may not use the Program Grant for any other purpose.
(Check all appropriate boxes.)
□ Acquisition of fee simple title to the Real Property.
□ Acquisition of a leasehold interest in the Real Property.
□ Acquisition of an easement for the Real Property.
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□ Improvement of the Real Property.
□ Acquisition of fee simple title to the Facility.
□ Acquisition of a leasehold interest in the Facility.
□ Construction of the Facility.
□ Renovation of the Facility.
■ Sanitary Sewer Improvements . (Describe other or additional purposes.)
Section 2.04 Operation of the Real Property and Facility. The Real Property and, if
applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real
Property and, if applicable, Facility to be used, for those purposes required by the State Program
and in accordance with the information contained in the Grant Application, or for such other
purposes and uses as the Minnesota legislature may from time to time designate, and for no other
purposes or uses.
The Public Entity may enter into Use Contracts with Counterparties for the operation of all
or any portion of the Real Property and, if applicable, Facility; provided that all such Use Con-
tracts must have been approved, in writing, by the Commissioner of MMB and fully comply with
all of the provisions contained in Sections 3.01, 3.02 and 3.03.
The Public Entity must, whether it is operating the Real Property and, if applicable, Facility
or has contracted with a Counterparty under a Use Contract to operate all or any portion of the
Real Property and, if applicable, Facility, annually determine that the Real Property and, if appli-
cable, Facility is being used for the purpose required by this Agreement, and shall annually sup-
ply a statement, sworn to before a notary public, to such effect to the Council and the
Commissioner of MMB.
For those programs, if any, that the Public Entity will directly operate on all or any portion
of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents
and warrants to the Council that: (i) it has the ability and a plan to fund such programs, (ii) it has
demonstrated such ability by way of a plan that it submitted to the Council, and (iii) it will annu-
ally adopt, by resolution, a budget for the operation of such programs that clearly shows that fore-
cast program revenues along with other funds available for the operation of such program will be
equal to or greater than forecast program expenses for each fiscal year, and will supply to the
Council and the Commissioner of MMB certified copies of such resolution and budget.
For those programs, if any, that will be operated on all or any portion of the Real Property
and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants
with and represents and warrants to the Council that: (i) it will not enter into such Use Contract
unless the Counterparty has demonstrated that it has the ability and a plan to fund such program,
(ii) it will require the Counterparty to provide an initial program budget and annual program
budgets that clearly show that forecast program revenues along with other funds available for the
operation of such program (from all sources) will be equal to or greater than forecast program ex-
penses for each fiscal year, (iii) it will promptly review all submitted program budgets to deter-
mine if such budget clearly and accurately shows that the forecast program revenues along with
other funds available for the operation of such program (from all sources) will be equal to or
greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget
that it believes does not accurately reflect forecast program revenues or expenses or does not
show that forecast program revenues along with other funds available for the operation of such
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program (from all sources) will be equal to or greater than forecast program expenses, and require
the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a pro-
gram budget that it believes accurately reflects forecast program revenues and expenses and that
shows that forecast program revenues along with other funds available for the operation of such
program (from all sources) will be equal to or greater than forecast program expenses, it will ap-
prove such budget by resolution and supply to the Council and the Commissioner of MMB certi-
fied copies of such resolution and budget.
Section 2.05 Public Entity Representations and Warranties. The Public Entity further
covenants with, and represents and warrants to the Council as follows:
A. It has legal authority to enter into, execute, and deliver this Agreement, the Decla-
ration, and all documents referred to herein, and it has taken all actions necessary to its exe-
cution and delivery of such documents.
B. It has legal authority to use the Program Grant for the purpose or purposes de-
scribed in the State Program Enabling Legislation.
C. It has legal authority to operate the State Program and the Real Property and, if
applicable, Facility for the purposes required by the State Program and for the functions and
activities proposed in the Grant Application.
D. This Agreement, the Declaration, and all other documents referred to herein are
the legal, valid and binding obligations of the Public Entity enforceable against the Public
Entity in accordance with their respective terms.
E. It will comply with all of the terms, conditions, provisions, covenants, require-
ments, and warranties in this Agreement, the Declaration, and all other documents referred
to herein.
F. It will comply with all of the provisions and requirements contained in and im-
posed by the G.O. Compliance Legislation, the Commissioner ’s Order, and the State
Program.
G. It has made no material false statement or misstatement of fact in connection with
its receipt of the Program Grant, and all of the information it has submitted or will submit to
the Council or Commissioner of MMB relating to the Program Grant or the disbursement of
any of the Program Grant is and will be true and correct.
H. It is not in violation of any provisions of its charter or of the laws of the State of
Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge
threatened, before any judicial body or governmental authority against or affecting it relat-
ing to the Real Property and, if applicable, Facility, or its ownership interest therein, and it
is not in default with respect to any order, writ, injunction, decree, or demand of any court
or any governmental authority which would impair its ability to enter into this Agreement,
the Declaration, or any document referred to herein, or to perform any of the acts required
of it in such documents.
I. Neither the execution and delivery of this Agreement, the Declaration, or any
document referred to herein nor compliance with any of the terms, conditions, requirements,
or provisions contained in any of such documents is prevented by, is a breach of, or will re-
sult in a breach of, any term, condition, or provision of any agreement or document to which
it is now a party or by which it is bound.
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J. The contemplated use of the Real Property and, if applicable, Facility will not vio-
late any applicable zoning or use statute, ordinance, building code, rule or regulation, or any
covenant or agreement of record relating thereto.
K. The Project has been or will be completed in full compliance with all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local politi-
cal subdivisions having jurisdiction over the Project.
L. All applicable licenses, permits and bonds required for the performance and com-
pletion of the Project have been, or will be, obtained.
M. All applicable licenses, permits and bonds required for the operation of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or
will be, obtained.
N. It will operate, maintain, and manage the Real Property and, if applicable, Facility
or cause the Real Property and, if applicable, Facility, to be operated, maintained and man-
aged in compliance with all applicable laws, statutes, rules, ordinances, and regulations is-
sued by any federal, state, or local political subdivisions having jurisdiction over the Real
Property and, if applicable, Facility.
O. It will fully enforce the terms and conditions contained in any Use Contract.
P. It has complied with the matching funds requirement, if any, contained in Section
7.23.
Q. It will not, without the prior written consent of the Council and the Commissioner
of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that
can be satisfied by the payment of monies and which is not being actively contested to be
created or exist against the Public Entity’s ownership interest in the Real Property or, if ap-
plicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or en-
cumbrance is superior or subordinate to the Declaration. Provided, however, the Council
and the Commissioner of MMB will consent to any such lien or encumbrance that secures
the repayment of a loan the repayment of which will not impair or burden the funds needed
to operate the Real Property and, if applicable, Facility in the manner specified in Section
2.04, and for which the entire amount is used (i) to acquire additional real estate that is
needed to so operate the Real Property and, if applicable, Facility in accordance with the re-
quirements imposed under Section 2.04 and will be included in and as part of the Public En-
tity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay
for capital improvements that are needed to so operate the Real Property and, if applicable,
Facility in accordance with the requirements imposed under Section 2.04.
R. It reasonably expects to possess the ownership interest in the Real Property and, if
applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property
and, if applicable, Facility, and it does not expect to sell such ownership interest.
S. It does not reasonably expect to receive payments under a Use Contract in excess
of the amount the Public Entity needs and is authorized to use to pay the operating expenses
of the portion of the Real Property and, if applicable, Facility that is the subject of the Use
Contract or to pay the principal, interest, redemption premiums, and other expenses on any
Approved Debt.
T. It will supply, or cause to be supplied, whatever funds are needed above and be-
yond the amount of the Program Grant to complete and fully pay for the Project.
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U. It has or will promptly record a fully executed Declaration with the appropriate
governmental office and deliver a copy thereof to the Council and to Minnesota Manage-
ment and Budget (attention: Capital Projects Manager) that contains all of the recording
information.
V. The Useful Life of the Real Property and, if applicable, Facility is 50 years.
W. It shall furnish such satisfactory evidence regarding the representations and war-
ranties described herein as may be required and requested by either the Council or the Com-
missioner of MMB.
Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the
Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by
way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is
not needed and should be ignored and treated as if it were left blank, and any reference to this
Section in this Agreement shall be ignored and treated as if the reference did not exist.
A. A Real Property/Facility Lease or easement must comply with the following
provisions.
a. It must be in form and contents acceptable to the Commissioner of MMB, and
specifically state that it may not be modified, restated, amended, changed in
any way, or prematurely terminated or cancelled without the prior written con-
sent and authorization by the Commissioner of MMB.
b. It must be for a term that is equal to or greater than 125% of the Useful Life
of the Real Property and, if applicable, Facility, or such other period of time
specifically authorized by a Minnesota statute, rule or session law.
c. Any payments to be made under it by the Public Entity, whether designated as
rent or in any other manner, must be by way of a single lump sum payment
that is due and payable on the date that it is first made and entered into.
d. It must not contain any requirements or obligations of the Public Entity that if
not complied with could result in a termination thereof.
e.It must contain a provision that provides sufficient authority to allow the Pub-
lic Entity to operate the Real Property and, if applicable, Facility in accord-
ance with the requirements imposed under Section 2.04.
f.It must not contain any provisions that would limit or impair the Public En-
tity’s operation of the Real Property and, if applicable, Facility in accordance
with the requirements imposed under Section 2.04.
g. It must contain a provision that prohibits the Lessor/Grantor from creating or
allowing, without the prior written consent of the Council and the Commis-
sioner of MMB, any voluntary lien or encumbrance or involuntary lien or en-
cumbrance that can be satisfied by the payment of monies and which is not
being actively contested against the Leased/Easement Premises or the Les-
sor ’s/Grantor ’s interest in the Real Property/Facility Lease or easement,
whether such lien or encumbrance is superior or subordinate to the Declara-
tion. Provided, however, the Council and the Commissioner of MMB will
consent to any such lien or encumbrance if the holder of such lien or encum-
brance executes and files of record a document under which such holder
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subordinates such lien or encumbrance to the Real Property/Facility Lease or
easement and agrees that upon foreclosure of such lien or encumbrance to be
bound by and comply with all of the terms, conditions and covenants con-
tained in the Real Property/Facility Lease or easement as if such holder had
been an original Lessor/Grantor under the Real Property/Facility Lease or
easement.
h. It must acknowledge the existence of this Agreement and contain a provision
that the terms, conditions and provisions contained in this Agreement shall
control over any inconsistent or contrary terms, conditions and provisions
contained in the Real Property/Facility Lease or easement.
i. It must provide that any use restrictions contained therein only apply as long
as the Public Entity is the lessee under the Real Property/Facility Lease or
grantee under the easement, and that such use restrictions will terminate and
not apply to any successor lessee or grantee who purchases the Public Entity’s
ownership interest in the Real Property/Facility Lease or easement. Provided,
however, it may contain a provisions that limits the construction of any new
structures on the Real Property or modifications of any existing structures on
the Real Property without the written consent of Lessor/Grantor, which will
apply to any such successor lessee or grantee.
j. It must allow for a transfer thereof in the event that the lessee under the Real
Property/Lease or grantee under the easement makes the necessary determina-
tion to sell its interest therein, and allow such interest to be transferred to the
purchaser of such interest.
k.It must contain a provision that prohibits and prevents the sale of the underly-
ing fee interest in the Real Property and, if applicable, Facility without first
obtaining the written consent of the Commissioner of MMB.
l. The Public Entity must be the lessee under the Real Property/Lease or grantee
under the easement.
B. The provisions contained in this Section are not intended to and shall not prevent
the Public Entity from including additional provisions in the Real Property/Facility Lease or
easement that are not inconsistent with or contrary to the requirements contained in this
Section.
C. The expiration of the term of a Real Property/Facility Lease or easement shall not
be an event that requires the Public Entity to reimburse the Council for any portion of the
Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real
Property and, if applicable, Facility shall no longer be subject to this Agreement.
D. The Public Entity shall fully and completely comply with all of the terms, condi-
tions and provisions contained in a Real Property/Facility Lease or easement, and shall ob-
tain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is
applicable, the Real Property/Facility Lease or easement or a short form or memorandum
thereof.
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Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by
the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement
upon either the Council or the Commissioner of MMB giving the Public Entity 30 days written
notice of such event and the Public Entity’s failure to cure such event during such 30 day time
period for those Events of Default that can be cured within 30 days or within whatever time
period is needed to cure those Events of Default that cannot be cured within 30 days as long as
the Public Entity is using its best efforts to cure and is making reasonable progress in curing such
Events of Default, however, in no event shall the time period to cure any Event of Default exceed
6 months unless otherwise consented to, in writing, by the Council and the Commissioner of
MMB.
A. If any representation, covenant, or warranty made by the Public Entity in this
Agreement, in any other document furnished pursuant to this Agreement, or in order to in-
duce the Council to disburse any of the Program Grant, shall prove to have been untrue or
incorrect in any material respect or materially misleading as of the time such representation,
covenant, or warranty was made.
B. If the Public Entity fails to fully comply with any provision, term, condition, cov-
enant, or warranty contained in this Agreement, the Declaration, or any other document re-
ferred to herein.
C. If the Public Entity fails to fully comply with any provision, term, condition, cov-
enant, or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Or-
der, or the State Program Enabling Legislation.
D. If the Public Entity fails to provide and expend the full amount of the matching
funds, if any, required under Section 7.23 for the Project.
E. If the Public Entity fails to record the Declaration and deliver copies thereof as set
forth in Section 2.05.U.
Notwithstanding the foregoing, any of the above delineated events that cannot be cured
shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an
Event of Default under this Agreement immediately upon either the Council or the Commissioner
of MMB giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time
thereafter until such Event of Default is cured to the satisfaction of the Council, the Council or
the Commissioner of MMB may enforce any or all of the following remedies.
A. The Council may refrain from disbursing the Program Grant; provided, however,
the Council may make such disbursements after the occurrence of an Event of Default with-
out thereby waiving its rights and remedies hereunder.
B. If the Event of Default involves a failure to comply with any of the provisions
contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Com-
missioner of MMB, as a third party beneficiary of this Agreement, may demand that the
Outstanding Balance of the Program Grant be returned to it, and upon such demand the Pub-
lic Entity shall return such amount to the Commissioner of MMB.
C. If the Event of Default involves a failure to comply with the provisions contained
in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this
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Agreement, may demand that the Public Entity pay the amounts that would have been paid
if there had been full and complete compliance with such provisions, and upon such demand
the Public Entity shall pay such amount to the Commissioner of MMB.
D. Either the Council or the Commissioner of MMB, as a third party beneficiary of
this Agreement, may enforce any additional remedies they may have in law or equity.
The rights and remedies herein specified are cumulative and not exclusive of any rights or
remedies that the Council or the Commissioner of MMB would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or
under any other provision contained in this Agreement within 30 days of demand by the Commis-
sioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of en-
try of judgment against the Public Entity and in favor of the Council and/or the Commissioner of
MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids
or other monies that the Public Entity is entitled to receive from the State of Minnesota.
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Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the
Council and the Commissioner of MMB, as soon as possible and in any event within 7 days after
it has obtained knowledge of the occurrence of each Event of Default or each event which with
the giving of notice or lapse of time or both would constitute an Event of Default, a statement
setting forth details of each Event of Default or event which with the giving of notice or upon the
lapse of time or both would constitute an Event of Default and the action which the Public Entity
proposes to take with respect thereto.
Section 2.10 Survival of Event of Default. This Agreement shall survive any and all
Events of Default and remain in full force and effect even upon the payment of any amounts due
under this Agreement, and shall only terminate in accordance with the provisions contained in
Section 2.12 and at the end of its term in accordance with the provisions contained in Section
2.11.
Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated
in accordance with any of the provisions contained herein, remain in full force and effect for the
time period starting on the effective date hereof and ending on the date that corresponds to the
date established by adding a time period equal to 125% of Useful Life of the Real Property and,
if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first
used for the operation of the State Program after such effective date. If there are no uncured
Events of Default as of such date this Agreement shall terminate and no longer be of any force or
effect, and the Commissioner of MMB shall execute whatever documents are needed to release
the Real Property and, if applicable, Facility from the effect of this Agreement and the
Declaration.
Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the
Program Grant has not been disbursed on or before the date that is 5 years from the effective date
of this Agreement, or such later date to which the Public Entity and the Council may agree in
writing, then the Council’s obligation to fund the Program Grant shall terminate. In such event,
(i) if none of the Program Grant has been disbursed by such date then the Council’s obligation to
fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no
longer be of any force or effect, and (ii) if some but not all of the Program Grant has been
disbursed by such date then the Council shall have no further obligation to provide any additional
funding for the Program Grant and this Agreement shall remain in full force and effect but shall
be modified and amended to reflect the amount of the Program Grant that was actually disbursed
as of such date.
This Agreement shall also terminate and no longer be of any force or effect upon the Public
Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accord-
ance with the provisions contained in Section 4.01 and transmittal of all or a portion of the pro-
ceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in
Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property
and, if applicable, Facility if such ownership interest is by way of an easement or under a Real-
Property/Facility Lease. Upon such termination the Council shall execute, or have executed, and
deliver to the Public Entity such documents as are required to release the Public Entity’s owner-
ship interest in the Real Property and, if applicable, Facility, from the effect of this Agreement
and the Declaration.
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Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching
funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in
the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced
by the amount not needed.
ARTICLE III
USE CONTRACTS
Contents of Article III have been deliberately omitted from this Agreement.
ARTICLE IV
SALE
Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the
Real Property and, if applicable, Facility unless all of the following provisions have been
complied with fully.
A. The Public Entity determines, by official action, that such ownership interest is
no longer usable or needed for the operation of the State Program, which such determination
may be based on a determination that the portion of the Real Property or, if applicable, Fa-
cility to which such ownership interest applies is no longer suitable or financially feasible
for such purpose.
B. The sale is made as authorized by law.
C. The sale is for Fair Market Value.
D. The written consent of the Commissioner of MMB has been obtained.
The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable,
Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a
security interest in personal property used in the operation thereof, by a lender that has provided
monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real
Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agree-
ment if after such acquisition the lender operates such portion of the Real Property and, if applica-
ble, Facility in a manner which is not inconsistent with the requirements imposed under Section
2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Mar-
ket Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property
and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and
the proceeds thereof shall be disbursed in accordance with the provisions contained in Section
4.02.
The Public Entity may participate in any public auction of its ownership interest in the Real Prop-
erty and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is
the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for
the State Program.
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Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in
the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs
directly associated and incurred in conjunction with such sale and such other costs that are
approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt
associated with the Public Entity’s ownership interest in the Real Property and, if applicable,
Facility, shall be disbursed in the following manner and order.
A. The first distribution shall be to the Commissioner of MMB in an amount equal
to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds
shall be less than the amount of the Outstanding Balance of the Program Grant then all of
such net proceeds shall be distributed to the Commissioner of MMB.
B. The remaining portion, after the distribution specified in Section 4.02.A, shall be
distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity
for its Ownership Value, and (iii) to pay interested public and private entities, other than any
such entity that has already received the full amount of its contribution (such as the Council
under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the
amount of money that such entity contributed to the Initial Acquisition and Betterment
Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to re-
imburse interested public and private entities for the full amount that such entities contrib-
uted to the acquisition or betterment of the Real Property and, if applicable, Facility, then
the amount available shall be distributed as such entities may agree in writing, and if such
entities cannot agree by an appropriately issued court order.
C. The remaining portion, after the distributions specified in Sections 4.02.A and B,
shall be divided and distributed to the Council, the Public Entity, and any other public and
private entity that contributed funds to the Initial Acquisition and Betterment Costs and the
Subsequent Betterment Costs, other than lenders who supplied any of such funds, in propor-
tion to the contributions that the Council, the Public Entity, and such other public and pri-
vate entities made to the acquisition and betterment of the Real Property and, if applicable,
Facility as such amounts are part of the Ownership Value, Initial Acquisition and Better-
ment Costs, and Subsequent Betterment Costs.
The distribution to the Council shall be made to the Commissioner of MMB, and the Public
Entity may direct its distribution to be made to any other entity including, but not limited to, a
Counterparty.
All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the
Commissioner of MMB, and no such disbursements shall be made without such consent.
The Public Entity shall not be required to pay or reimburse the Council or the Commis-
sioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such
net proceeds are less than the amount of the Outstanding Balance of the Program Grant.
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ARTICLE V
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
Section 5.01 State Bond Financed Property. The Public Entity and the Council
acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if
applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed
property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s
Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to
the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any
Use Contracts relating thereto.
Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt
status of the G.O. Bonds, the Public Entity agrees as follows:
A. It will not use the Real Property or, if applicable, Facility, or use or invest the Pro-
gram Grant or any other sums treated as “bond proceeds” under Section 148 of the Code in-
cluding “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in
such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Sec-
tion 148 of the Code.
B. It will deposit into and hold all of the Program Grant that it receives under this
Agreement in a segregated non-interest bearing account until such funds are used for pay-
ments for the Project in accordance with the provisions contained herein.
C. It will, upon written request, provide the Commissioner of MMB all information
required to satisfy the informational requirements set forth in the Code including, but not
limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity or any
Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt
and upon direction from the Commissioner of MMB, take such actions and furnish such
documents as the Commissioner of MMB determines to be necessary to ensure that the in-
terest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may
include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a
“qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature
or terms of the Use Contract so that it complies with Revenue Procedure 97-13, as amended
by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the
Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds
will be used, directly or indirectly, in an “unrelated trade or business” or for any “private
business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) com-
pliance with other Code provisions, regulations, or revenue procedures which amend or
supersede the foregoing.
E. It will not otherwise use any of the Program Grant, including earnings thereon, if
any, or take or permit to or cause to be taken any action that would adversely affect the
exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take
any action necessary to maintain such tax exempt status, and if it should take, permit, omit
to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions
necessary to rescind or correct such actions or omissions promptly upon having knowledge
thereof.
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Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In
the event that the G.O. Compliance Legislation or the Commissioner ’s Order is amended in a
manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s
ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O.
Compliance Legislation and the Commissioner ’s Order, then upon written request by the Public
Entity the Council shall enter into and execute an amendment to this Agreement to implement
herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property
and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner ’s Order.
ARTICLE VI
DISBURSEMENT OF GRANT PROCEEDS
Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions
delineated in Section 6.02, the Council shall disburse the Program Grant to the Public Entity in
one lump sum. Under no circumstance shall the Council be required to disburse funds in excess
of the amount requested by the Public Entity under the provisions contained in Section 6.02.A
even if the amount requested is less than the amount of the Program Grant delineated in Section
1.01. If the amount of Program Grant that the Council disburses hereunder to the Public Entity is
less than the amount of the Program Grant delineated in Section 1.01, then the Council and the
Public Entity shall enter into and execute whatever documents the Council may request in order
to amend or modify this Agreement to reduce the amount of the Program Grant to the amount
actually disbursed. Provided, however, in accordance with the provisions contained in Section
2.11, the Council’s obligation to disburse any of the Program Grant shall terminate as of the date
specified in such Section even if the entire Program Grant has not been disbursed by such date.
The Program Grant shall only be for expenses that (i) are for those items of a capital nature for
the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the
funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writ-
ing, by the Council and the Commissioner of MMB.
Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the
Council to disburse the Program Grant to the Public Entity is subject to the following conditions
precedent:
A. The Council shall have received a request for disbursement of the Program Grant
specifying the amount of funds being requested, which such amount shall not exceed the
amount of the Program Grant delineated in Section 1.01.
B. The Council shall have received a duly executed Declaration that has been duly
recorded in the appropriate governmental office, with all of the recording information dis-
played thereon.
C. The Council shall have received evidence, in form and substance acceptable to
the Council, that (i) the Public Entity has legal authority to and has taken all actions neces-
sary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Dec-
laration are binding on and enforceable against the Public Entity.
D. The Council shall have received evidence, in form and substance acceptable to
the Council, that the Public Entity has fully and completely paid for the Project and all other
expenses that may occur in conjunction therewith.
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E. The Council shall have received evidence, in form and substance acceptable to
the Council, that the Public Entity is in compliance with the matching funds requirements,
if any, contained in Section 7.23 and that all of such matching funds, if any, have been ex-
pended for the Project.
F. The Council shall have received evidence, in form and substance acceptable to the
Council, showing that the Public Entity possesses the ownership interest delineated in Sec-
tion 2.02.
G. The Council shall have received evidence, in form and substance acceptable to
the Council, that the Real Property and, if applicable, Facility and the contemplated use
thereof are permitted by and will comply with all applicable use or other restrictions and re-
quirements imposed by applicable zoning ordinances or regulations, and, if required by law,
have been duly approved by the applicable municipal or governmental authorities having ju-
risdiction thereover.
H. The Council shall have received evidence, in form and substance acceptable to
the Council, that that all applicable and required building permits, other permits, bonds and
licenses necessary for the Project have been paid for, issued, and obtained, other than those
permits, bonds and licenses which may not lawfully be obtained until a future date or those
permits, bonds and licenses which in the ordinary course of business would normally not be
obtained until a later date.
I. The Council shall have received evidence, in form and substance acceptable to the
Council, that that all applicable and required permits, bonds and licenses necessary for the
operation of the Real Property and, if applicable, Facility in the manner specified in Section
2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses
which may not lawfully be obtained until a future date or those permits, bonds and licenses
which in the ordinary course of business would normally not be obtained until a later date.
J. The Council shall have received evidence, in form and substance acceptable to the
Council, that the Project was completed in a manner that will allow the Real Property and,
if applicable, Facility to be operated in the manner specified in Section 2.04, which require-
ment may be satisfied by a certificate of occupancy or such other equivalent document from
the municipality in which the Real Property is located.
K. The Council shall have received evidence, in form and substance acceptable to
the Council, that the Public Entity has the ability and a plan to fund the operation of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04.
L. The Council shall have received evidence, in form and substance acceptable to
the Council, that the insurance requirements under Section 7.01 have been satisfied.
M. The Council shall have received evidence, in form and substance acceptable to
the Council, of compliance with the provisions and requirements specified in Section 7.10
and all additional applicable provisions and requirements, if any, contained in Minn. Stat. §
16B.335, as it may be amended, modified or replaced from time to time. Such evidence
shall include, but not be limited to, evidence that: (i) the predesign package referred to in
Section 7.10.B has, if required, been reviewed by and received a favorable recommendation
from the Commissioner of Administration for the State of Minnesota, (ii) the program plan
and cost estimates referred to in Section 7.10.C have, if required, received a recommenda-
tion by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House
of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority
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Member of the Minnesota House of Representatives Capital Investment Committee and the
Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Commit-
tee have, if required, been notified pursuant to Section 7.10.G.
N. No Event of Default under this Agreement or event which would constitute an
Event of Default but for the requirement that notice be given or that a period of grace or
time elapse shall have occurred and be continuing.
O. The Public Entity has supplied to the Council all other items that the Council may
reasonably require.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest
delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full
insurable value thereof (i) by self insuring under a program of self insurance legally adopted,
maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance
and fire and extended coverage insurance with a deductible in an amount acceptable to the
Council under which the Council and the Public Entity are named as loss payees. If damages
which are covered by such required insurance occur, then the Public Entity shall, at its sole
option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or
partially repair such damage and to provide or cause to be provided whatever additional funds
that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in
the damaged Facility and portion of the Real Property associated therewith in accordance with
the provisions contained in Section 4.01.
If the Public Entity elects to only partially repair such damage, then the portion of the insurance
proceeds not used for such repair shall be applied in accordance with the provisions contained in
Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been
sold, and such amounts shall be credited against the amounts due and owing under Section 4.02
upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility.
If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the
Real Property associated therewith, then such sale must occur within a reasonable time period
from the date the damage occurred and the cumulative sum of the insurance proceeds plus the
proceeds of such sale must be applied in accordance with the provisions contained in Section
4.02, with the insurance proceeds being so applied within a reasonable time period from the date
they are received by the Public Entity.
The Council agrees to and will assign or pay over to the Public Entity all insurance proceeds it re-
ceives so that the Public Entity can comply with the requirements that this Section imposes there-
on as to the use of such insurance proceeds.
If the Public Entity elects to maintain general comprehensive liability insurance regarding the
Real Property and, if applicable, Facility, then the Public Entity shall have the Council named as
an additional named insured therein.
The Public Entity may require a Counterparty to provide and maintain any or all of the insurance
required under this Section; provided that the Public Entity continues to be responsible for the
providing of such insurance in the event that the Counterparty fails to provide or maintain such
insurance.
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At the written request of either the Council or the Commissioner of MMB, the Public Entity shall
promptly furnish to the requesting entity all written notices and all paid premium receipts re-
ceived by the Public Entity regarding the required insurance, or certificates of insurance evidenc-
ing the existence of such required insurance.
If the Public Entity fails to provide and maintain the insurance required under this Section, then
the Council may, at its sole option and discretion, obtain and maintain insurance of an equivalent
nature, and any funds expended by the Council to obtain or maintain such insurance shall be due
and payable on demand by the Council and bear interest from the date of advancement by the
Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per an-
num based upon a 365-day year. Provided, however, nothing contained herein, including but not
limited to this Section, shall require the Council to obtain or maintain such insurance, and the
Council’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s
duty to obtain and maintain such insurance.
Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest
delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is
condemned to an extent that the Public Entity can no longer comply with the provisions
contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i)
use or cause the condemnation proceeds to be used to acquire an interest in additional real
property needed for the Public Entity to continue to comply with the provisions contained in
Section 2.04 and, if applicable, to fully or partially restore the Facility, and to provide or cause to
be provided whatever additional funds that may be needed for such purposes, or (ii) sell the
remaining portion of its ownership interest in the Real Property and, if applicable, Facility in
accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are
not used to acquire an interest in additional real property or to restore, if applicable, the Facility
shall be applied in accordance with the provisions contained in Section 4.02 as if the Public
Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and
such amounts shall be credited against the amounts due and owing under Section 4.02 upon the
ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if
applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the
Real Property and, if applicable, Facility that remains after the condemnation, then such sale
must occur within a reasonable time period from the date the condemnation occurred and the
cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in
accordance with the provisions contained in Section 4.02, with the condemnation proceeds being
so applied within a reasonable time period from the date they are received by the Public Entity.
As recipient of any of condemnation awards or proceeds referred to herein, the Council
agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation
awards or proceeds it receives so that the Public Entity can comply with the requirements that this
Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds.
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Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep
the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable
and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any
building or other improvement which may be constructed on the Real Property and promptly
restore in like manner any portion of the Facility, if applicable, which may be damaged or
destroyed thereon and pay when due all claims for labor performed and materials furnished
therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions
and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part
thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting
grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v)
comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership
interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with
the provisions of any easement if its ownership interest in the Real Property and, if applicable,
Facility is by way of such easement, and (vii) comply with the provisions of any condominium
documents and any applicable reciprocal easement or operating agreements if the Real Property
and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement
or use contract.
The Public Entity shall not, without the written consent of the Council and the Commis-
sioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility,
for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or sub-
stantially alter any of the Real Property or, if applicable, Facility, except such alterations as may
be required by laws, ordinances or regulations or such other alterations as may improve such Real
Property or, if applicable, Facility by increasing the value thereof or improving its ability to be
used to operate the State Program thereon or therein, (c) do any act or thing which would unduly
impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real
Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real
Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real
Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant un-
less the same are immediately replaced with like property of at least equal value and utility, or (g)
commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility,
in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accord-
ance with the provisions contained in this Section, then the Council may perform whatever acts
and expend whatever funds that are necessary to so maintain the Real Property and, if applicable,
Facility and the Public Entity irrevocably authorizes and empowers the Council to enter upon the
Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain
the Real Property and, if applicable, Facility. Any actions taken or funds expended by the Council
hereunder shall be at its sole option and discretion, and nothing contained herein, including but
not limited to this Section, shall require the Council to take any action, incur any expense, or ex-
pend any funds, and the Council shall not be responsible for or liable to the Public Entity or any
other entity for any such acts that are undertaken and performed in good faith and not in a negli-
gent manner. Any funds expended by the Council to perform such acts as may to necessary to so
maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the
Council and bear interest from the date of advancement by the Council at a rate equal to the lesser
of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year.
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Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause
to be maintained books, records, documents and other evidence pertaining to the costs or
expenses associated with the Project and operation of the Real Property and, if applicable,
Facility needed to comply with the requirements contained in this Agreement, the G.O.
Compliance Legislation, the Commissioner ’s Order, and the State Program Enabling Legislation,
and upon request shall allow or cause the entity which is maintaining such items to allow the
Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the State
Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The
Public Entity shall use or cause the entity which is maintaining such items to use generally
accepted accounting principles in the maintenance of such items, and shall retain or cause to be
retained (i) all of such items that relate to the Project for a period of 6 years from the date that the
Project is fully completed and placed into operation, and (ii) all of such items that relate to the
operation of the Real Property and, if applicable, Facility for a period of 6 years from the date
such operation is initiated.
Section 7.05 Inspections by Council. Upon reasonable request by the Council and without
interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity
shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract
for any portion of the Real Property and, if applicable, Facility to allow the Council to inspect the
Real Property and, if applicable, Facility.
Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it
possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if
applicable, Facility, to comply with all of the provisions and restrictions contained in the
Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes
that exists as of the date of this Agreement and as such may subsequently be amended, modified
or replaced from time to time.
Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in
discriminatory employment practices regarding the Project, or operation or management of the
Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply
with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that
exist as of the date of this Agreement and as such may subsequently be amended, modified or
replaced from time to time.
Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the
provisions relating to worker ’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and
176.182, as they may be amended, modified or replaced from time to time, with respect to the
Project and the operation or management of the Real Property and, if applicable, Facility.
Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the Council and the
Commissioner of MMB all claims it may have for overcharges as to goods or services provided
with respect to the Project, and operation or management of the Real Property and, if applicable,
Facility that arise under the antitrust laws of the State of Minnesota or of the United States of
America.
Section 7.10 CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY
OMITTED FROM THIS AGREEMENT.
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Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the
applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended,
modified or replaced from time to time with respect to the Project and the operation of the State
Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the
Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or
the operation of the State Program on or in the Real Property and, if applicable, Facility.
Section 7.12 Liability. The Public Entity and the Council agree that they will, subject to
any indemnifications provided herein, be responsible for their own acts and the results thereof to
the extent authorized by law, and they shall not be responsible for the acts of the other party and
the results thereof. The liability of the Council and the Commissioner of MMB is governed by
the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from
time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the
Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be
amended, modified or replaced from time to time, then the liability of the Public Entity, including
but not limited to the indemnification provided under Section 7.13, is governed by the provisions
contained in such Chapter 466.
Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss,
expense (including attorneys’ fees), and damage in connection with the Project and operation of
the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the
Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and
employees from all claims, demands and judgments made or recovered against the Council, the
Commissioner of MMB, and the State of Minnesota, their agents, servants and employees,
because of bodily injuries, including death at any time resulting therefrom, or because of
damages to property of the Council, the Commissioner of MMB, or the State of Minnesota, or
others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in
connection with the Project or operation of the Real Property and, if applicable, Facility, whether
or not due to any act of omission or commission, including negligence of the Public Entity or any
contractor or his or their employees, servants or agents, and whether or not due to any act of
omission or commission (excluding, however, negligence or breach of statutory duty) of the
Council, the Commissioner of MMB, or the State of Minnesota, their employees, servants or
agents.
The Public Entity further agrees to indemnify, save, and hold the Council, the Commis-
sioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims
arising out of, resulting from, or in any manner attributable to any violation by the Public Entity,
its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of
any provision of the Minnesota Government Data Practices Act, including legal fees and dis-
bursements paid or incurred to enforce the provisions contained in Section 7.06.
The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried
by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance
policy.
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Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended
or should be construed in any manner as creating or establishing the relationship of co-partners or
a joint venture between the Public Entity, the Council, or the Commissioner of MMB, nor shall
the Public Entity be considered or deemed to be an agent, representative, or employee of the
Council, the Commissioner of MMB, or the State of Minnesota in the performance of this
Agreement, the Project, or operation of the Real Property and, if applicable, Facility.
The Public Entity represents that it has already or will secure or cause to be secured all per-
sonnel required for the performance of this Agreement and the Project, and the operation and
maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or
other persons while engaging in the performance of this Agreement, the Project, or the operation
and maintenance of the Real Property and, if applicable, Facility shall not have any contractual
relationship with the Council, the Commissioner of MMB, or the State of Minnesota, and shall
not be considered employees of any of such entities. In addition, all claims that may arise on be-
half of said personnel or other persons out of employment or alleged employment including, but
not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of
discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no
way be the responsibility of the Council, the Commissioner of MMB, or the State of Minnesota.
Such personnel or other persons shall not require nor be entitled to any compensation, rights or
benefits of any kind whatsoever from the Council, the Commissioner of MMB, or the State of
Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vaca-
tion leave, disability benefits, severance pay and retirement benefits.
Section 7.15 Notices. In addition to any notice required under applicable law to be given in
another manner, any notices required hereunder must be in writing and shall be sufficient if
personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the
business address of the party to whom it is directed. Such business address shall be that address
specified below or such different address as may hereafter be specified, by either party by written
notice to the other:
To the Public Entity at:
7800 Golden Valley Road
Golden Valley, MN 55427
Attention: Jeff Oliver
To the Council at:
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
Attention: Regional Administrator
To the Commissioner of MMB at:
Minnesota Department of Management and Budget
400 Centennial Office Bldg.
658 Cedar St.
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St. Paul, MN 55155
Attention: Commissioner
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Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the
Declaration shall be binding upon and inure to the benefit of the Public Entity and the Council,
and their respective successors and assigns. Provided, however, that neither the Public Entity nor
the Council may assign any of its rights or obligations under this Agreement or the Declaration
without the prior written consent of the other party. No change or modification of the terms or
provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the
Council unless such change or modification is in writing and signed by an authorized official of
the party or against which such change or modification is to be imposed.
Section 7.17 Waiver. Neither the failure by the Public Entity, the Council, or the
Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more
instances to insist upon the complete and total observance or performance of any term or
provision hereof, nor the failure of the Public Entity, the Council, or the Commissioner of MMB,
as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy
conferred hereunder or afforded by law shall be construed as waiving any breach of such term,
provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay
on the part of the Public Entity, the Council, or the Commissioner of MMB, as a third party
beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if
any, referred to and incorporated herein by reference embody the entire agreement between the
Public Entity and the Council, and there are no other agreements, either oral or written, between
the Public Entity and the Council on the subject matter hereof.
Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction,
performance, or enforcement of this Agreement or the Declaration shall be determined in
accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or
arising from any provision contained in this Agreement shall be initiated, filed and venued in the
State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of
Minnesota.
Section 7.20 Severability. If any provision of this Agreement is finally judged by any court
to be invalid, then the remaining provisions shall remain in full force and effect and they shall be
interpreted, performed, and enforced as if the invalid provision did not appear herein.
Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters
contained in this Agreement.
Section 7.22 Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be an original, but such
counterparts shall together constitute one and the same instrument.
Section 7.23 Matching Funds. The Public Entity must obtain and supply the following
matching funds, if any, for the Project:
NONE
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Any matching funds which are intended to meet the above requirements must either be in
the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds
or contributions, including equity, which have been or will be used to pay for the Project. The
Public Entity shall supply to the Commissioner of MMB whatever documentation the Commis-
sioner of MMB may request to substantiate the availability and source of any matching funds,
and the source and terms relating to all matching funds must be consented to, in writing, by the
Commissioner of MMB.
Section 7.24 Source and Use of Funds. The Public Entity represents to the Council and the
Commissioner of MMB that Attachment III is intended to be and is a source and use of funds
statement showing the total cost of the Project and all of the funds that are available for the
completion of the Project, and that the information contained in such Attachment III correctly
and accurately delineates the following information.
A. The total cost of the Project detailing all of the major elements that make up such
total cost and how much of such total cost is attributed to each such major element.
B. The source of all funds needed to complete the Project broken down among the
following categories:
a. State funds including the Program Grant, identifying the source and amount
of such funds.
b. Matching funds, identifying the source and amount of such funds.
c. Other funds supplied by the Public Entity, identifying the source and amount
of such funds.
d. Loans, identifying each such loan, the entity providing the loan, the amount of
each such loan, the terms and conditions of each such loan, and all collateral
pledged for repayment of each such loan.
e. Other funds, identifying the source and amount of such funds.
C. Such other financial information that is needed to correctly reflect the total funds
available for the completion of the Project, the source of such funds and the expected use of
such funds.
Previously paid project expenses that are to be reimbursed and paid from proceeds of the
Program Grant may only be included as a source of funds and included in Attachment III if such
items have been approved, in writing, by the Commissioner of MMB.
If any of the funds included under the source of funds have conditions precedent to the re-
lease of such funds, then the Public Entity must provide to the Council and the Commissioner of
MMB a detailed description of such conditions and what is being done to satisfy such conditions.
The Public Entity shall also supply whatever other information and documentation that the
Council or the Commissioner of MMB may request to support or explain any of the information
contained in Attachment III.
The value of the Public Entity’s ownership interest in the Real Property and, if applicable,
Facility should only be shown in Attachment III if such ownership interest is being acquired and
paid for with funds shown in such Attachment III, and for all other circumstances such value
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should be shown in the definition for Ownership Value in Section 1.01 and not included in such
Attachment III.
The funds shown in Attachment III and to be supplied for the Project may, subject to any
limitations contained in the State Program Enabling Legislation, be provided by either the Public
Entity or a Counterparty under a Use Contract.
Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the
Council and the State of Minnesota. Therefore, the State of Minnesota, by and through its
Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement.
Section 7.26 Public Entity Tasks. .Any tasks that this Agreement imposes upon the Public
Entity may be performed by such other entity as the Public Entity may select or designate,
provided that the failure of such other entity to perform said tasks shall be deemed to be a failure
to perform by the Public Entity.
Section 7.27 Council and Commissioner Required Acts and Approvals. The Council
and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it
in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to
perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is
required of it herein.
Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the
Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The
term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that
this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement
will only apply to the Public Entity’s ownership interest in the Real Property.
Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware of
Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to
confirm that such employees are legally entitled to work in the United States, and that it will, if
and when applicable, fully comply with such statute and impose a similar requirement in any Use
Contract to which it is a party.
Section 7.30 Additional Requirements. The Public Entity and the Council agree to
comply with the following additional requirements. In the event of any conflict or inconsistency
between the following additional requirements and any other provisions or requirement contained
in this Agreement, the following additional requirements contained in this Section shall control.
NONE
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IN TESTIMONY HEREOF, the Public Entity and the Council have executed this General
Obligation Bond Proceeds Grant Agreement End Grant for the Golden Valley Sanitary Sewer
Project under the 2020 Municipal Inflow/Infiltration Grant Program on the day and date indicated
immediately below their respective signatures.
PUBLIC ENTITY:
a Minnesota Municipal corporation ("Grantee")
METROPOLITAN COUNCIL:
By:
Regi
Its: General Manager of Environmental Services
Dated:
Generic GO Bond Proceeds 30 Ver - I 0/26/20
Grant Agreement for Program End Grants
By:
Regi
Its: General Manager of Environmental Services
Dated:
Timothy J. Cruikshank
Golden Valley
By: _____________________________________
Shepard M. Harris
Its: Mayor
Dated:
Its: City Manager
Dated:
By: _____________________________________
73
ATTACHMENT I TO GRANT AGREEMENT
State of Minnesota
General Obligation Bond Financed
DECLARATION
Declaration requirement waived – See attached waiver letter from commissioner of MMB
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ATTACHMENT II TO GRANT AGREEMENT
LEGAL DESCRIPTION OF REAL PROPERTY
(For Projects for which a Certification is being submitted, use the description attached to the
Certification submitted.)
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ATTACHMENT I-A TO GRANT AGREEMENT
State of Minnesota
General Obligation Bond Financed
CERTIFICATION
See Attached Certification
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EXHIBIT A
LEGAL DESCRIPTION, NARRATIVE DESCRIPTION, OR MAP OF RESTRICTED
PROPERTY
See Attached Maps
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77
ATTACHMENT III TO GRANT AGREEMENT
SOURCE AND USE OF FUNDS FOR THE PROJECT
Source of Funds Use of Funds
Identify Source of Funds Amount Identify Items Amount
State G.O. Funds Ownership Acquisition
Program Grant
$71,415
and Other Items Paid for
with Program Grant Funds
Other State Funds Purchase of Ownership $____
_______________$____Interest
_______________$____Other Items of a Capital
_______________$____Nature
Subtotal $______Sanitary Sewer Project_
$71,415
________________$____
Matching Funds ________________$____
_______________$____Subtotal $____
_______________$____
Subtotal $____Items Paid for with
Non-Program Grant Funds
Other Public Entity Funds __City Attained Funding____
$484,676
_______________$____________________$____
_______________$____________________$____
Subtotal Subtotal $____
Loans
_______________$____
_______________$____
Subtotal $____
Other Funds
___City Attained Funding
$484,676
_______________$____
Subtotal $____
Prepaid Project Expenses
_______________$____
_______________$____
Subtotal $____
TOTAL FUNDS
$556,091
TOTAL PROJECT COSTS
$556,091
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ATTACHMENT IV TO GRANT AGREEMENT
GRANT APPLICATION
See Attached
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79
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THE NEXT PAGES INCLUDE ALL REQUIRED GRANT ATTACHMENTS
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81
Metropolitan Council Environmental Services
2020 I/I Grant Program
Grant Application Form
NOTICE TO APPLICANTS: Submission of this application form confirms your city’s intention to participate in the
Metropolitan Council Environmental Services (MCES) 2020 State Bond Fund Municipal I/I Grant program (Grantee
Program).
Applicants must review the Grantee Program Guidelines, along with the draft agreement that must be entered with
the Metropolitan Council, can be found at the following link:
http://www.metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants.aspx
Submission of all information requested herein is mandatory and becomes the basis for determining your city’s
Preliminary Minimum Allocation (PMA) and an estimated Final Reimbursement Amount (FRA) that will accompany
the Letter of Intent all qualifying applicants will receive.
Grant agreements will be sent for signature simultaneously for all participants subsequent to receipt and review of all
project information that will form each participant’s final PMA and FRA.
City Name:Golden Valley
City Contact Info:7800 Golden Valley Road
Golden Valley, 55427
Application Submitted by:R.J. Kakach
Application Email Address:rkakach@goldenvalleymn.gov
Application Submission date:April 14, 2021
82
Sanitary sewer lining, manhole casting replacement, and manhole reconstruction in association with 2021 and 2022 street
reconstruction projects. Sanitary sewer lining in high I&I neighborhoods in Golden Valley and miscellaneous sanitary sewer lining
in conjunction with annual sewer pipe televising and cleaning
Estimated Project Work Description
83
Pipe Lining and Replacement $1,174,053 x 50%
Covered $293,513
Pipe Joint Sealing and Chimney
Seals $0 x 50%
Covered $0 $0
Manholes - Lining, Replacement $0 x 50%
Covered $0 $0
Manholes Sealing joints, casting,
covers $40,900 x 50%
Covered $20,450 $20,450
Flood Mitigation $0 x 50%
Covered $0 $0
Cross Connection Elimination $0 x 50%
Covered $0 $0
$587,026
$1,214,953 $607,476 $313,963
• Studies, investigations, or inspections
• Engineering costs
• Any improvements to privately owned infrastructure
Eligible Work Dates
Start Date for Eligible Project Work
End Date for Eligible Project Work
Program Dates
Notice of approved grant program guidelines to cities, request applications
Grant Application due from cities
MCES sends Letter of Intent to program participants
Cities provide descriptions and pay claims for completed projects
MCES makes FRA determination, distributes grant agreements
January 1, 2021
December 31, 2022
March 11, 2021
April 16, 2021
April 30, 2021
March 31, 2023
May 1, 2023
x 50%
Grant Eligible
x 100%
Grant Eligible
x 100%
Grant Eligible
x 100%
x 10%
x 50%
Grant Eligible
Grant Eligible
Grant Eligible
Project
Costs
Project Costs
Covered
Grant
Eligible
Non-Eligible I&I Work:
Important Dates to Remember:
Questions may be directed to the MCES I/I Grant Program Administrator:
Your Estimated Eligible I/I Costs:
Matt Gsellmeier, MCES I/I Grant Administrator
390 Robert Street North
St. Paul, MN 55101
17633670264
matthew.gsellmeier@metc.state.mn.us
84
2020 II GRANT PROGRAM COST VERIFICATION
FINAL COST INFORMATION FOR COMPLETED WORK
Completion of this form and submission of required attachments is the basis for entering into agreement with the
Metropolitan Council on the 2020 II Grant Program. This form and its attachments verify that the community has
finished I/I reduction projects, with costs eligible for reimbursement under the 2020 II Grant Program. Please send
the completed form and required attachments to (electronic submission preferred):
Mail: Matthew Gsellmeier, MCES Finance and Revenue, 390 N. Robert Street St. Paul, MN 55101
Email: Matthew.Gsellmeier@metc.state.mn.us
Required Attachments:
Please attach and return the following items to Met Council by December 31, 2022
1. The Cost Verification Form (This Form)
2. One of the following that applies to your city’s property situation:
o Attachment 1 to Grant Agreement – DECLARATION of Real Property, and
Attachment II to Grant Agreement – Legal Description of Real Property, OR
located under any right of way, and
Exhibit A – LEGAL DESCRIPTION, NARRATIVE DESCRIPTION, OR MAP OF
o Attachment 1-A – CERTIFICATION pursuant to Waiver of Real Property Declaration for projects
RESTRICTED PROPERTY
3. A city resolution authorizing application and execution of the grant agreement
4. A detailed breakdown of actual expenditures that tie-out to the project costs cited in the
o MCES may request additional documentation to verify expenditures.
Cost Verification Form
5. Description of work completed.
6. Invoices or other documents that substantiate the cost of work completed.
Required Cost Verification Information:
City:
County:
Phone#:
City Official/Title:
Project Start Date:
Project End Date:
Golden Valley
Hennepin
Assistant City Engineer
7635938043
January 1, 2021
December 31, 2022
Were projects completed between January 1, 2021 and December 31, 2022 (Y/N): Y
In the space provided on the next page, please enter a summary of your eligible I/I reduction project(s) and costs.
As a reminder, the following work is considered non-eligible under the I/I program:
• Studies, investigations, or inspections
• Any improvement to privately owned infrastructure
85
Enter a Summary of the Project(s) and Costs:
Sanitary sewer lining as part of various public improvement projects. Manhole sealing in association with pavement
management project.
Enter in column A the eligible I/I costs your city incurred between January 1, 2021 and December 31, 2022:
Type of work:
1. Pipe lining and replacement:
2. Pipe joint sealing and chimney seals
3. Manholes - Lining, replacement
4. Manhole sealing joints, castings, covers
5. Flood Mitigation
6. Cross Connection Elimination
Total:
(A) Total Project (B) Covered: 50% of
Project Costs
(C) %Eligible
for funding
(D)Amount Eligible
For Grant Funding
X 100% =
X 10% =
X 100% =
X 50% =
X 100% =
X 50% =
$556,091
$533,294 x 50% =
$0 x 50% =
$0 x 50% =
$22,797 x 50% =
$0 x 50% =
$0 x 50% =
$266,647
$0
$0
$11,399
$0
$0
$278,046 $144,722
$0
$0
$11,399
$0
$0
$133,324
86
RESOLUTION NO. 21-37
RESOLUTION AUTHORIZING APPLICATION FOR THE METROPOLITAN COUNCIL
ENVIRONMENTAL SERVICES (MCES) INFLOW AND INFILTRATION (I&I) GRANT
PROGRAM FOR THE REIMBURSEMENT OF PROJECT COSTS ASSOCIATED WITH
INFLOW/INFILTRATION IMPROVEMENTS
WHEREAS, funding is available from the Metropolitan Council Municipal Publicly
Owned Infrastructure Inflow/Infiltration Grant Program for the reimbursement of project
costs associated with inflow/infiltration improvements; and
WHEREAS, the City of Golden Valley anticipates making improvements to the
municipal sanitary sewer system which will reduce the amount of inflow and infiltration
entering the Metropolitan Council Environmental Services system.
NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council hereby
authorizes the Physical Development Director or her designee to prepare and submit the
Metropolitan Council Inflow/Infiltration Grant Program application on behalf of the City of
Golden Valley.
Adopted by the City Council of Golden Valley, Minnesota this 18th day of May 2021
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
DocuSign Envelope ID: 8FF42C0F-E571-41DA-AD8E-9EAA5316BB82
87
ATTACHMENT II
LEGAL DESCRIPTION OF REAL PROPERTY
(For Projects for which a Certification is being submitted, use the description attached to
the Certification submitted.)
2021 PMP
Includes Sanitary Sewer Mainline improvements located in the City owned
ROW of the streets:
23rd Ave N., 24th Ave N. Zealand Ave N., Xylon Ave N., Rose Manor,
88
ATTACHMENT II
Misc. Lining
Includes Sanitary Sewer Manhole improvements located in the City owned
ROW of the streets:
Plymouth Ave N., Quebec Ave N., Rhode Island Ave N., Sumter Ave. N
89
ATTACHMENT II
I-394
Includes Sanitary Sewer Manhole improvements located in the City owned
ROW of the streets:
Field Dr, Hanley Rd, Wayzata Blvd, Utah Ave S, Gregory Rd, Winnetka Ave S,
Sumter Ave S, Quebec Ave S., Rhode Island Ave S, Pennsylvania Ave S,
90
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95
96
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99
100
101
102
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Page 1 of 3
Contract Number: 21-24
Pay Request Number: 2
Project Number Project Description
21-24 I-394 I&I Corridor Lining Phase 3
Contractor: SJ Louis Trenchless, LLC Vendor Number:
1351 Broadway Street West Up To Date: 11/08/2021
Rockville, MN 56369
Contract Amount Funds Encumbered
Original Contract $158,871.00 Original $158,871.00
Contract Changes $0.00 Additional N/A
Revised Contract $158,871.00 Total $158,871.00
Work Certified To Date
Base Bid Items $174,846.00
Contract Changes $
Material On Hand $0.00
Total $174,846.00
Work Certified
This Request
Work Certified To
Date
Less Amount
Retained
Less Previous
Payments
Amount Paid This
Request
Total Amount
Paid To Date
$9,485.00 $174,846.00 $0.00 $157,092.95 $17,753.05 $174,846.00
This is to certify that the items of work shown in this certificate of Pay Estimate have been actually furnished for the work comprising the
above-mentioned projects in accordance with the plans and specifications heretofore approved.
Approved By Approved By SJ Louis Trenchless, LLC
Contractor
June 8, 2022
City/Project Engineer
June 8, 2022
Date Date
128
Page 2 of 3
Payment Summary
No. Up To Date Work Certified
Per Request
Amount Retained
Per Request
Amount Paid
Per Request
1 2021-10-12 165,361.00 8,268.05 157,092.95
2 2021-11-08 9,485.00 -8,268.05 17,753.05
Funding
Category Name
Funding
Category
Number
Work Certified
to Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
this Request
Total Amount
Paid to Date
Sanitary Sewer 174,846.00 0.00 157,092.95 17,753.05 174,846.00
Accounting
Number
Funding Source Amount Paid this
Request
Revised Contract
Amount
Funds
Encumbered to
Date
Paid Contractor to
Date
7160 Capital
Improvement Fund
17,753.05 174,846.00
Contract Item Status
Project
Line
Item
Description
Units
Unit
Price
Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
21-24 1 2021.5
01/000
10
MOBILIZATION LS 7,900.
00
1 0 0.00 1 7,900.00
21-24 2 2563.6
01/000
10
TRAFFIC CONTROL LS 650.0
0
1 0 0.00 1 650.00
21-24 3 SPEC
PROV/
00000
123
6-INCH SANITARY
SEWER LINING
LF 22.00 210 0 0.00 207 4,554.00
21-24 4 SPEC
PROV
1
8-INCH OR 9-INCH CIPP
SANITARY SEWER
LINING
LF 24.00 4474 0 0.00 5138 123,312.00
21-24 5 SPEC
PROV
2
12-INCH CIPP SANITARY
SEWER LINING
LF 35.00 1095 271 9,485.00 1098 38,430.00
Contract Totals: $9,485.00 $174,846.00
Project Category Totals
Project Category Amount This Request Amount To Date
21-24 BASE 9,485.00 174,846.00
Contract Change Item Status
Project CC CC#
Line
Item
Description
Units
Unit
Price
Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
129
Page 3 of 3
Contract Totals: $ $
Contract Change Totals
Contract Change Number Amount This Request Amount To Date
130
131
132
133
134
135
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
3C.3. 2023 Annual Grant Funding Update
Prepared By
Myles Campbell, Planner
Summary
Since 2012, staff has tracked grants received by the City and since 2014 also provided an annual report
on these awards. The purpose for this report is to provide a better understanding of how the City is
utilizing external funding sources on a year-over-year basis. While grant funding is partially dependent
on having an eligible project/use as well as the availability of staff time, its still good practice to track
these items even if the totals are expected to differ annually.
These sources of funding play a large role in the City’s operations, off-setting overall expenditures and
often allowing additional opportunities for staff training, funding for large-scale public improvements,
and bringing in specialists to assist on projects.
Attached to this summary is a compiled list of the grants applied for and grants received going back to
2012. In 2023, the City received $608,247 in funding from external sources. Looking back over the last
ten years to 2014, this comes to a total of $18,867,829 – and in a five year lookback, $11,003,400.
Year Funding Total
2014 $ 793,385
2015 $ 1,040,175
2016 $ 1,118,750
2017 $ 1,378,101
2018 $ 3,534,018
2019 $ 434,240
2020 $ 6,845,962
2021 $ 1,631,044
2022 $ 1,458,907
2023 $ 608,247
TOTAL $ 18,867,829
In 2023 city staff focused on administration and oversight of existing grants and funding awarded in
136
previous years. As an example, this year saw the reconstruction of Highway 55 and associated
underpass at Douglas Drive which received significant funding in the 2020 bonding bill. That said, City
staff were still active in applying for external funding, even in cases where grants were not awarded.
For 2023, some of the major highlights and unique funding opportunities are provided below as well
as in the attached summary:
Awarded Grants
$285,797.45 from Hennepin County as part of their Broadband Expansion Fund
$224,000 from the Metropolitan Council as part of the LHIA Affordable Homeownership Pilot
Program
$75,000 for a full-time Green Corps staff person from MPCA
$3,000 for a Finance intern in the next year
$16,800 for Firefighter Training and Education
$2,500 for Fire/Rescue Equipment from Centerpoint Energy
$1,150 for the Golden Valley Puppet Wagon from Hennepin County
Pending Grants:
$50,000 Planning Grant from Hennepin County for a Downtown Streetscape and Wayfinding
Plan
$948,000 from Metropolitan Council for Round 2 HOPE properties and an additional $3.4MM for
future HOPE Rounds 3-5
Unawarded Grants:
$20,000 from Minnesota DNR for Shade Tree Bonding Grant
$20,000 from Minnesota DNR for ReLeaf Community Forestry Grant
$9,300 from Minnesota DPS for Fire Department Turnout Gear Washer/Dryer
Looking ahead to 2024 and future grant work, staff will seek out opportunities to assist in
implementing city goals and work plans.
Financial or Budget Considerations
Proactive grant work and management is a highly effective tool for supplementing the City’s revenues.
Legal Considerations
Legal review is not needed for this Annual Update; however the City Attorney is actively involved in
review of resolutions and grant agreements during the application and receipt process.
Equity Considerations
Grants can be an effective funding source to allow the City to pursue its goals around diversity, equity,
and inclusion by assisting with increased community outreach and engagement, addressing aspects of
the built environment that perpetuate historic disparities, or allowing for the review of existing
practices and policies for bias.
Recommended Action
Motion to Receive and File the 2023 Annual Grant Funding Update
Supporting Documents
2023 Grant Summary Table
137
Grants Awarded by Department 2012-2023
138
City Department Granting Agency/Fund Project Amount
Community
Development Metropolitan Council LHIA Pilot Program Grant HOPE Round 1 224,000$
Community
Development Minnesota Pollution Control Agency Green Corps Member full-time service year
at City Hall $ 75,000
Finance/General
Services Minnesota Government Finance Officers Association Finance Internship Grant Funding $ 3,000
Fire Minnesota Board of Firefighter Training and Education Training and Education Reimbursement 16,800$
Fire CenterPoint Energy Community Safety Grant 2,500$
Parks & Recreation Hennepin County Youth Art and Music Grant 1,150$
Public Works Hennepin County Municipal Broadband Expansion Fund 285,797$
City Department Granting Agency/Fund Project Amount
Community
Development Metropolitan Council LHIA Homeownership Grant HOPE Round 2 948,000$
Community
Development Hennepin County Planning Grant Downtown Streetscape Study $ 75,000
City Department Granting Agency/Fund Project Amount
Fire Minnesota Department of Public Safety Turnout Gear Washer/Dryer $ 9,300
Public Works Minnesota DNR Shade Tree Bonding Grant $ 20,000
Public Works Minnesota DNR ReLeaf Community Forestry Grant $ 20,000
Unawarded Grants
Awarded Grants
Pending Grants
139
Grants Awarded to the City of Golden Valley, by Department, 2012-2023
Community Development
Date Granting Agency/Fund Project Amount
2012 Minnesota Department of Natural Resources Community Forest Grant Removal of trees infested with Emerald Ash Borer and replanting for both Emerald Ash Borer and damage from 2011 tornado $15,000
2012 Minnesota Department of Transportation Roadside Landscape Program Lilac plantings as well as other tree and shrub plantings along major highways $7,616
2012 Metropolitan Council Environmental Services Legacy Clean Water Fund Act Help homeowners repair their sanitary sewer service and reduce inflow and infiltration $430,000
2012 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $206,000
2013 Hennepin County Pedestrian and Bicycle Capital Improvement Program Golden Valley Road Bikeway Feasibility Study $20,000
2013 MnDOT Municipal Agreement Program Hwy 55 and Winnetka Intersection Improvement Project $702,000
2013 Hennepin County Pedestrian and Bicycle Capital Improvement Program Winnetka Avenue Streetscape Rehabilitation Project to convert paver brick sidewalk to concrete sidewalk $50,000
2014 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $65,000
2014 Hennepin County Pedestrian and Bicycle Capital Improvement Program Glenwood Avenue Sidewalk Extension $50,000
2014 Hennepin County Environmental Response Fund Soil remediation work in preparation for Xenia Apartment project $102,000
2014 Metropolitan Council Tax Base Revitalization Account Soil remediation work in preparation for Xenia Apartment project $92,400
2014 MN Department of Employment and Economic Development Soil remediation work in preparation for Xenia Apartment project $111,721
2015 Hennepin County HOME Investment Partnerships Program Fill financing gap for Cornerstone Creek project to build 43 affordable units to adults with disabilities $325,000
2015 Hennepin County Community Development Block Grant Fill financing gap for Cornerstone Creek project to build 43 affordable units to adults with disabilities $290,229
2015 Hennepin County Community Development Block Grant Pesch Place rehabilitation work on a 5-units residential building for adults with disabilities at 2000 Mary Hills Drive $60,796
2015 Hennepin County Environmental Response Fund Grant Soil Investigation and Remediation for Decola Ponds Flood Mitigation Project $300,000
2015 Hennepin County Pedestrian and Bicycle Capital Improvement Program Wayzata Boulevard Bikeway Feasibility Study $15,000
2015 Local Operational Research Assistance Program Fabricate specialty equipment $3,500
2016 Minnesota Pollution Control Agency Funds cost of consultant to assist staff with Sustainability and Resilience Chapter of the Comprehensive Plan $15,000
2016 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000
2016 DNR Flood Damage Reduction Grant Acquire/remove flood prone home near Olympia and Mendelssohn $300,000
2017 DNR Flood Damage Reduction Grant Acquire/remove three flood prone homes near Olympia and Mendelssohn $381,800
2017 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $60,000
2017 Hennepin County Affordable Housing Incentive Fund Acquisition and rehabilitation of homes in Hennepin County for community land trust with Homes Within Reach $200,000
2017 MnDOT Local Road Improvement Program 10th Avenue culvert reconstruction $590,000
2017 Metropolitan Council Environmental Services Inflow and Infiltration Grant I/I mitigation work $197,322
2018 MN Department of Employment and Economic Development Soil contamination clean-up for Global Pointe Senior Living $421,093
2018 DNR Flood Damage Reduction Grant DeCola Ponds B and C project $2,300,000
2018 Hennepin County Community Development Block Grant Pesch Place rehabilitation work on a 5-units residential building for adults with disabilities at 2000 Mary Hills Drive $68,000
2018 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $100,700
2018 Hennepin County Affordable Housing Incentive Fund Acquisition and rehabilitation of homes in Hennepin County for community land trust with Homes Within Reach $100,000
2018 Hennepin County Health Community Planning Partnership Project Grant Demonstrate how Luce Line can better connect to Downtown Golden Valley to promote active living $7,625
2019 DNR Conservation Partners Legacy Program Habitat restoration at Bassett Creek Nature Area $50,000
2019 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000
2019 Minnesota Housing Affordable Housing Capacity Building Grant $22,000
2020 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $150,000
2020 DNR Conservation Partners Legacy Program Habitat Restoration at Pennsylvania Woods Nature Area $50,000
2020 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000
2020 Hennepin County Environment and Energy SCORE Recycling Grant (Recycling $32,600; Organics $4,300) $36,900
2020 MNDoT State Aid – Capital Bonding Bill (October Special Session) Construction of Underpass and Mini Roundabout at Douglas and Hwy 55 $6,500,000 140
Date Granting Agency/Fund Project Amount
2020 Hennepin County Elections CARES Grant Additional funding to support elections during pandemic $8065
2021 DNR Flood Damage Reduction Grant SEA School-Wildwood Park Flood Storage Project $1,300,000
2021 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $136,955
2021 Hennepin County Environment and Energy SCORE Recycling Grant (Recycling $35,552 Organics $4,335) $39,887
2021 DNR Conservation Partners Legacy Program Briarwood Nature Area Habitat Restoration $50,000
2021 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000
2021 Minnesota Economic Development Foundation Reimbursement for Physical Development Summer Intern $1,000
2022 Metropolitan Council Tax Base Revitalization Account Contamination Cleanup for Golden Valley Business Center $464,400
2022 MN Department of Employment and Economic Development Contamination Cleanup for Golden Valley Business Center $644,325
2022 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000
2022 Minnesota Economic Development Foundation Reimbursement for Physical Development Summer Intern $1,000
2023 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000
2023 Metropolitan Council LHIA Pilot Funding for HOPE Round 1 development partners $224,000
Public Works
Date Granting Agency/Fund Project Amount
2020 Hennepin County Healthy Tree Canopy Grant Document the condition and location of Ash trees on public property $6,000
2022 The Corporation for National and Community Service Americorps Forestry Services Staffer In-kind work
(239 hours)
2023 Hennepin County Municipal Broadband Reimbursement Fund $285,797
Police
Date Granting Agency/Fund Project Amount
2013 MN Department of Commerce Auto theft prevention program for the purchase, installation and implementation of an automated license plate reader $30,000
2015 MN Department of Commerce Auto theft prevention program for the purchase, installation and implementation of a second automated license plate reader $23,185
2020 MN DPS Toward Zero Deaths Grant Overall reduction of traffic related deaths and injuries $2,931
2022 Pohlad Foundation Reimagining Public Safety Through Collaborative Solutions $250,000
2022 MN DPS Toward Zero Deaths Grant Overall reduction of traffic related deaths and injuries $25,000
Parks and Recreation
Date Granting Agency/Fund Project Amount
2013 Hennepin Youth Sport Program New Soccer Goals $10,000
2013 Hennepin Youth Sport Program Wildwood Park – Play Structure $50,000
2013 Gametime, Inc. Brookview Park – Play Structure $72,000
2014 United States Tennis Association Tennis Court Lines $1,250
2014 Gametime, Inc. Hampshire Park – Play Structure $20,495
2014 Hennepin Youth Sport Program Sandburg – Athletic facility $325,000
2016 Three Rivers Park District Schaper Park Challenge Course $325,000
2016 Minnesota Wisconsin Playground Schaper Park Challenge Course $50,000
2016 Paul’s Pals Schaper Park Inclusive Playground $35,000
2016 Golden Valley Rotary Club Schaper Park Inclusive Playground $6,500
2016 Hennepin Youth Sport Program - Facility Field lighting at Isaacson Park $300,000 141
2016 United States Tennis Association Tennis Courts at Brookview Park $450
2017 Minnesota Twins Dugout replacement in Isaacson Park $15,000
2017 GameTime, Inc. Play structure at St. Croix Park $17,380
2017 GameTime, Inc. Play structure at Medley Park $20,942
2017 GameTime, Inc. Play structure at Wesley Park $21,587
2018 Hennepin Youth Sport Program - Facility Field lighting at Isaacson Park $150,000
2018 Golden Valley Little League Field improvements at Isaacson Park $20,000
2019 Hennepin Youth Sport Program - Facility Field improvements at Shaper, Wesley, and Lions Parks $96,000
2019 Golden Valley Little League Field improvements at Isaacson Park $6,000
2020 Golden Valley Little League Field Improvements at Isaacson Park $4,100
2020 Hennepin county Youth Sports Grant Scoreboards at Isaacson Park $4,120
2020 Three Rivers Park District Save the Summer Grant Youth Programming during COVID-19 pandemic $4,310
2021 Alternative Landscape Grant MPCA Park landscaping improvements at Brookview and Brookview Golf Course $828
2021 Play Structure Grant from GameTime Cares grant program Play structure at South Tyrol Park $10,390
2022 H&R Block/Nextdoor Make Every Block Better Grant Medley Park Community Garden $12,000
2022 Hennepin County Active Living Grant Medley Park Community Garden $4,901.80
2023 Hennepin County Youth Art and Music Grant Golden Valley Puppet Wagon $1,150
Fire
Date Granting Agency/Fund Project Amount
2012 Minnesota Board of Firefighter Training and Education Firefighter training $10,060
2013 Minnesota Board of Firefighter Training and Education Firefighter training $14,350
2014 Fireman’s Fund Insurance Company and parent company Allianz Group Automatic external defibrillators (AED’s) and test gas to calibrate electronic gas meters $5,000
2014 Minnesota Board of Firefighter Training and Education Firefighter training $20,519
2015 CenterPoint Energy Community Partnership Grant Electronic gas monitors, nomex hoods and helmet flaps, traffic safety vests $5,125
2015 Minnesota Board of Firefighter Training and Education Firefighter training $17,340
2016 CenterPoint Energy Community Partnership Grant Electronic gas monitors, traffic safety cones, flashlights, protective firefighter helmets, and protective firefighting boots $5,400
2016 Minnesota Board of Firefighter Training and Education Firefighter training $11,400
2017 Minnesota Board of Firefighter Training and Education Firefighter training $71,392
2018 CenterPoint Energy Community Partnership Grant Gas monitoring and calibration equipment upgrades and replacements $4,000
2018 Minnesota Board of Firefighter Training and Education Firefighter training $17,100
2018 Minnesota Department of Public Safety State Fire Marshal Division Gear dryer equipment and installation $7,500
2019 Minnesota Board of Firefighter Training and Education Firefighter training $63,314
2020 Minnesota Board of Firefighter Training and Education Firefighter training $4,536
2021 CenterPoint Energy Community Partnership Grant Safety Clothing – Hoods $4,680
2021 Minnesota Board of Firefighter Training and Education Firefighter Training and Education $16,984
2022 Minnesota Board of Firefighter Training and Education Firefighter Training and Education $7,280
2023 Minnesota Board of Firefighter Training and Education Firefighter Training and Education $16,800
2023 CenterPoint Energy Community Safety Grant Fire/Rescue Equipment $2,500
General Services/Finance
Date Granting Agency/Fund Project Amount
2019 MN Department of Public Safety Reimbursement to Dept. of Motor Vehicles for costs associated with Minnesota License and Registration System (MNLARS) rollout $126,926
2023 Minnesota Government Finance Officers Association Internship Grant Funding $3,000
142
Grants Not Awarded
Date Granting Agency/Fund Project Amount
2014 Bush Foundation Park Shelter Building Addition $200,000
2014 Three Rivers Park District Trail and sidewalk connections to the Luce Line Regional Trail $500,000
2015 Hennepin Youth Sport Program - Facility Schaper Park Challenge Course $225,000
2018 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000
2018 DNR Managing Ash for Emerald Ash Borer in Community Forests Emerald Ash Borer management activities $30,000
2018 Hennepin County Bicycle and Pedestrian Capital Improvement Program Advanced design of Bassett Creek Trail on Golden Valley Road (Three Rivers Park District submitted the application) $100,000
2019 DNR Local Trail Connections Program Laurel Greenbelt trail connection at Colorado Avenue $51,882
2020 Metropolitan Council LCDA Development Grant Golden Gardens Mixed Use Development Project $1,000,000
2021 DNR Emerald Ash Borer Grants Program Emerald Ash Borer management activities $20,000
2022 MnDOT Active Transportation Program Pedestrian Improvements $415,000
2023 Minnesota Department of Public Safety Turnout Gear Washer/Dryer $9,300
2023 Minnesota DNR Shade Tree Bonding Grant $20,000
2023 Minnesota DNR ReLeaf Community Forestry Grant $20,000
143
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
3D. Adopt Resolution No. 23-101 Granting City Council Consent for Housing and Redevelopment
Authority (HRA) Levy Payable in 2024
Prepared By
Sue Virnig, Finance Director
Summary
Earlier tonight, the HRA considered a 2024-2025 proposed budget and levy payable in 2024. If the HRA
approved the resolution, the City should consider Resolution No. 23-XXX Granting City Council consent
for the Housing and Redevelopment Authority levy payable in 2024.
Financial or Budget Considerations
The proposed HRA on the 2024 Proposed Property Tax statement is under Other Special Taxing
District. Through this process the city will levy $288,880 for the HRA Housing Program.
Legal Considerations
MN Statutes and MN Department of Revenue set laws and rules on how the budget hearing and
submittal for the levy is handled.
Equity Considerations
The proposed HRA budget was considered using an equity decision-making tool to evaluate various
impacts and includes programming to advance affordable housing goals.
Recommended Action
Earlier tonight, the HRA considered a 2024-2025 proposed budget and levy payable in 2024. If the HRA
approved the Resolution, the City should consider Resolution No. 23-101 Granting City Council
Consent for an Housing and Redevelopment Authority levy payable in 2024 for $288,880.
Supporting Documents
Resolution Consenting to the 2024 Final Housing and Redevelopment Levy.doc
144
RESOLUTION NO. 23-101
CONSENTING TO THE 2024 PROPOSED
HOUSING AND REDEVELOPMENT LEVY
WHEREAS, The Golden Valley Housing and Redevelopment Authority
(the “HRA”) has authorities and powers according to MN Statutes, Section
469.033, subd. 6 provides that subject to the consent by the resolution of the
governing body of the city in and for which it was created, an authority may levy
upon all taxable property within the city for housing and redevelopment purposes,
and
WHEREAS, The HRA is requesting the City of Golden Valley to approve a
consent for the levy to fund the HRA Housing Program for the year payable
2024, and
WHEREAS, The City Council discussed the HRA levy and budget on
September 19, 2023 and
WHEREAS, The HRA levy is $288,880, and
BE IT RESOLVED by the City of Golden Valley that it approves and
consents to certification of a 2024 tax levy in the amount of $288,880 for housing
and redevelopment purposes of the HRA.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of
December, 2023.
__________________________
Shepard M. Harris, Mayor
ATTEST:
________________________________
Theresa Schyma, City Clerk
145
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
3E. Adopt Resolution No. 23-102 - 2024-2033 Capital Improvement Program
Prepared By
Sue Virnig, Finance Director
Summary
The 2024-2033 Capital Improvement Program (CIP) was reviewed by the City Council at the work
session on September 10, 2023. It was reviewed by the Planning Commission at their meeting of
November 27, 2023. The financing section outlines the appropriate budget for each section. The entire
CIP is located on the City website under http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?
id=1028359&dbid=0&repo=GoldenValley&cr=1 under Current Documentation
Financial or Budget Considerations
The supporting documents are projects planned for the next 10 years. The current year is included in
the 2024-2025 biennial budget.
Legal Considerations
The Capital Improvement Program needs to be approved by resolution.
Equity Considerations
All items have been reviewed by staff and council on all sections using the equity objectives.
Recommended Action
Motion to Approve Resolution No. 23-102 Adopting the 2024-2033 Capital Improvement Program.
Supporting Documents
Resolution No. 23-102 Adopting the 2024-2033 Capital Improvement Program.doc
2024-2033 Projects by Department 10 years.pdf
146
RESOLUTION NO. 23-102
RESOLUTION APPROVING 2024-2033 CAPITAL IMPROVEMENT PROGRAM
WHEREAS, the City Council has reviewed the proposed 2024-2033 Capital
Improvement Program at the September 12, 2023 Council/Manager meeting; and
WHEREAS, the Planning Commission reviewed the proposed 2024-2033 Capital
Improvement Program due to its relationship with the Comprehensive Plan on November
27, 2023; and
WHEREAS, financing for projects outlined in the 2024-2033 Capital Improvement
Program will be reviewed each year and provided for by current approved budget or
specifically identified in the financing section in this document.
ATTACHMENT A:
2024-2033 Projects by Department;
NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley approves the
2024-2033 Capital Improvement Program.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa J. Schyma, City Clerk
147
Capital PlanCity of Golden Valley, MinnesotaPROJECTS BY DEPARTMENT2024 2033thruTotal2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#Brookview Golden Valley395,00060,000 65,000 15,000 135,000 20,000 20,000 20,000 20,000 20,000 20,000Internal Repairs, Replacements and UpdatesBC-002390,000165,000 65,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000External Repairs, Replacements and UpdatesBC-00310,00010,000Brookview ADA updatesBC-00420,00020,000Brookview Firepit and FireplacesBC-00550,0005,000 5,000 5,000 5,000 5,0005,000 5,000 5,000 5,000 5,000Brookview Lighting-Electrical-Low VoltageBC-006165,00050,000 20,000 15,000 15,000 15,000 10,000 10,000 10,000 10,000 10,000Furniture Replacement (Indoor & Outdoor)BC-007980,0005,000 5,000 40,000 5,000 5,0005,000 5,000 5,000 900,000 5,000Backyard Indoor Play Area-Updates/ReplacementsBC-008Brookview Golden Valley Total2,010,000285,000 180,000 95,000 180,000 75,00060,000 60,000 60,000 955,000 60,000Buildings30,00030,000HVAC Environmental Control SystemB-006205,00055,000 100,000 50,000GeneratorsB-012340,00050,000 50,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000Installation of Building Security SystemsB-027375,000375,00010th Ave Storage Building-Insulate and HeatB-046350,000125,000 125,000 100,00010th Ave Storage YardB-0481,250,000250,000 250,000 250,000 250,000 250,000Park Shelters ADA and Other Building ImprovementsB-04930,00030,000Furnaces-Various BuildingsB-052100,000100,000Skylight RestorationsB-056Buildings Total2,680,000455,000 830,000 380,000 380,000 335,000130,000 80,000 30,000 30,000 30,000Cablecasting Improvements150,00015,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000Cable Equipment ReplacementC-001Cablecasting Improvements Total150,00015,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000
148
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#Golf Course388,000388,000Golf CartsGC-009500,00050,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000Golf Course InfrastructureGC-041180,00025,000 10,000 15,000 15,000 15,000 15,000 40,000 15,000 15,000 15,000Restaurant OperationsGC-04830,00015,000 15,000Golf Business OperationsGC-0491,000,000100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000Golf Maintenance EquipmentGC-0503,000,0001,500,000 1,500,000Cart Storage/Range BuildingGC-052Golf Course Total5,098,000175,000 160,000 2,053,000 1,665,000 180,000 180,000 190,000 165,000 165,000 165,000Parks240,00020,000 30,000 20,000 20,000 30,000 30,000 20,000 30,000 40,000Bleacher, Soccer Goal, Team Bench & Picnic TablesP-001255,00015,000 30,000 20,000 20,000 20,000 60,000 10,000 30,000 20,000 30,000Park Trail and Parking Lot ImprovementP-0021,300,00090,000 90,000 90,000 90,000 90,000 95,000 375,000 95,000 95,000 190,000Play Structure ReplacementP-003195,00015,000 25,000 20,000 20,000 20,000 30,000 10,000 25,000 10,000 20,000Outdoor Hard Surface ReplacementP-01517,0002,000 2,000 1,000 1,000 1,0002,000 2,000 2,000 2,000 2,000Park Signage ReplacementP-016405,00040,000 40,000 40,000 40,000 40,000 40,000 80,000 40,000 45,000Sun Shelter Replacements and Additions/RelocateP-017145,00065,000 20,000 30,000 30,000Tennis & Pickleball Court Resurfacing, Lights&ImpP-018500,000225,000 275,000Tennis & Pickleball Court ConstructionP-02050,00050,000Community GardensP-025150,000150,000Off-Leash Pet Exercise AreaP-026370,00045,000 30,000 30,000 30,000 40,000 70,000 25,000 50,000 50,000Dugout, Fence and Ball/Soccer Field ReplacementP-02750,00025,000 25,000Scoreboard Updates/ReplacementP-02820,00010,00010,000Sand Volleyball CourtsP-032250,00025,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000Nature/Open Space RestorationP-034435,00040,000 60,000 25,000 30,000 80,000 60,000 60,000 50,000 30,000Park LED Light ReplacementsP-037255,00085,000 85,000 85,000Outdoor Hockey Rink ReplacementP-03900Arc Partnership - Inclusive Play StructureP-04015,00015,000Artificial Turf Replacement -TRPD PartnershipP-041Parks Total4,652,000442,000 577,000 626,000 346,000 346,000 412,000 422,000 677,000 372,000 432,000Public Works & Public Safety15,000,00015,000,000Land for Public Works BuildingPWPS-0145,000,00045,000,000Public Works BuildingPWPS-0245,000,00045,000,000Public Safety BuildingPWPS-03149
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#Public Works & Public Safety Total105,000,00015,000,000 45,000,000 45,000,000Remote Fire Station20,644,0003,400,000 17,244,000Remote Fire StationRFS-001Remote Fire Station Total20,644,0003,400,000 17,244,000Storm Water7,800,0001,200,000 825,000 825,000 825,000 825,000 825,000 825,000 825,000 825,000Residential Storm Sewer ImprovementsSS-01350,000350,000Street SweeperSS-05860,000360,000500,000Street SweeperSS-1650,00050,000Pickup Truck (Storm Water Utility)SS-221,900,000300,000 400,000 400,000 400,000 400,000Storm Water Pond DredgingSS-2375,00075,000V-Box Spreader and Anti-Ice (tandem)SS-2525,00025,000V-Box Spreader and Anti-Ice (tandem)SS-262,500,000250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000Flood Mitigation (Floodproofing, Voluntary)SS-34650,00065,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000Utility MachineSS-41850,000850,000Zane Avenue & Lindsay St ReconstructionSS-46880,000880,000Medley Park Stormwater Treatment FacilitySS-4920,00020,000800 MHz RadiosSS-512,100,000150,000 300,000 150,000 300,000 150,000 300,000 150,000 300,000 150,000 150,000Storm Sewer Repairs-MS4 and OtherSS-538,000,0001,900,000 2,950,000 2,850,000 300,000Decola Pond F Storage & Diversion ProjectSS-5450,00050,000Rotating GrappleSS-5775,00075,000V-Box SanderSS-6375,00075,000Salt Brine Production EquipmentSS-643,575,00075,000 1,750,000 1,750,000Toledo Avenue Flood Mitigation ProjectSS-652,240,500634,000 953,000 653,500Bassett Creek Restorationn Project-Regent to GV RdSS-6740,00040,000Turf SweeperSS-68675,000125,000 125,000 125,000 300,000Study Flood Risk in Localized Flood-prone AreasSS-701,200,000300,000 300,000 300,000 300,000Inspect and Maintain Large Diameter Storm SewersSS-71650,000650,000Zenith Avenue ReconstructionSS-7290,00090,000Compact ExcavatorSS-73500,00050,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000Water Quality Pond RestorationSS-75750,000750,000Laurel Greenbelt Culvert ReplacementSS-76240,00080,000 80,000 80,000Sochacki Park Water Quality ImprovementSS-NEW150
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#1,050,000250,000 400,000 400,000Sweeney Branch Culvert Repair/ReplacementSS-NEW01Storm Water Total37,270,5007,094,000 5,323,000 6,263,500 5,115,000 4,790,000 1,510,000 1,830,000 1,490,000 1,965,000 1,890,000Streets5,500,0005,500,000Pavement Management ProgramS-0016,500,0006,500,000Zane Ave and Lindsay StreetS-0093,500,0001,750,000 1,750,000Pavement Management OverlaysS-0131,250,000125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000Municipal State Aid (MSA) Street MaintenanceS-0171,030,000100,000 130,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000Streetscape and City Hall Complex RenovationS-0181,061,400268,750 266,000 265,935 260,715MSA Debt ServiceS-01990,00030,000 30,000 30,000Vertical Benchmark UpdateS-0201,500,0001,500,000Duluth Street ReconstructionS-0221,800,000300,000 300,000 300,000 300,000 300,000 300,000Sidewalks, Trails, & Bike Facility UpgradesS-030121,00012,100 12,100 12,100 12,100 12,100 12,100 12,100 12,100 12,100 12,100Auto CAD ApplicationS-032200,00020,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000Cartegraph Street Management SoftwareS-034400,000100,000 100,000 100,000 100,000Retaining Wall RepairsS-0361,500,000300,000 300,000 300,000 300,000 300,000Railroad Crossing ImprovementsS-0421,900,0001,900,000Laurel Avenue and Louisiana Av RepairsS-0432,500,000250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000Pavement Surface TreatmentsS-04421,000,0003,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000Street Infrastructure Renewal Program (IRP)S-045675,00075,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000Street Light ReplacementS-0462,500,0002,500,000Zenith Avenue ReconstructionS-0473,000,000300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000Traffic Signal UpgradesS-0501,300,0001,300,000Bassett Creek Regional Trail ADA ImprovementsS-051200,000200,000Duluth Street Sidewalk InstallationS-053800,000800,000Noble Avenue Retaining Wall ReplacementS-054400,000100,000 200,000 100,000Pedestrian Crossing UpgradesS-055575,000575,000TH55 Multiuse Trail Schaper Rd/Theo Wirth ParkwayS-0562,450,0002,450,000Wayz Blvd Multiuse Trail-Cedar Lake to FranceS-0592,018,5002,018,500GV Road (CSAH 66) Traffic Signal ReplacementS-061400,000400,000Zane Av and Lindsay Street Bike/Ped ImprovementsS-0622,000,0002,000,000Mini Roundabout WI & GV RdS-063151
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#5,000,0005,000,000Bassett Creek Dr ReconstructionS-064Streets Total71,170,90015,275,850 7,151,600 2,048,035 8,092,815 7,212,100 3,882,100 4,282,100 6,362,100 4,182,100 12,682,100Vehicles and Equipment1,425,000135,000 135,000 135,000 135,000 135,000 150,000 150,000 150,000 150,000 150,000Marked Squad Cars (Police)V&E-001950,00095,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000Computers and Printers (Finance)V&E-002100,000100,000Phone System (Finance)V&E-00450,00050,000Pickup Truck (Engineering)V&E-00895,00045,000 50,000Passenger Vehicle (Fire)V&E-011100,00050,000 50,000Portable Computers (Police)V&E-020150,000150,000Sign Truck (Street)V&E-02250,00050,000Unmarked Police Vehicle (Police)V&E-024100,000100,000Dump Truck (Park)V&E-029165,000165,000Rotary Mower (Park)V&E-030300,000300,000Dump Truck (Street)V&E-03250,00050,000Crime Prevention Vehicle (Police)V&E-0341,000,0001,000,000Fire Pumper (Fire)V&E-03630,00030,000Streetscape Banners (Street)V&E-03840,00040,000Van (Park and Recreation)V&E-04245,00045,000Pickup Truck (Engineering)V&E-044200,000200,000Rescue Vehicle (Fire)V&E-04585,00085,000Pickup Truck (Park)V&E-04750,00050,000Rotary Mower (Park)V&E-04835,00035,000Asphalt Cold Planer (Street)V&E-052150,000150,000Rescue Vehicle (Fire)V&E-059100,000100,000Extrication Tools (Fire)V&E-06185,00085,000Pickup Truck (Street)V&E-063125,000125,000Utility Tractor Mower (Park)V&E-069300,000300,000Single Axle Dump Truck (Street)V&E-07050,00050,000Pickup Truck (Engineering)V&E-072350,000350,000Aerial Bucket Truck(Park)V&E-078605,000605,000Self-Contained Breathing Apparatus (Fire)V&E-084650,00065,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000Sidewalk/Maintenance Tractor (Parks)V&E-08935,00035,000Asphalt Hot Box (Street)V&E-099100,000100,000Pickup Truck (Park)V&E-10050,00050,000Pickup Truck (Fire)V&E-10230,00030,000Walk Behind Saw (Street)V&E-10320,00020,000Camera Trailer (Police)V&E-104650,00065,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000Bobcat Utility Truckster (Park)V&E-107152
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#650,00065,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000Bobcat Toolcat (Park)V&E-116190,000190,000Sidewalk Tractor (Street)V&E-11825,00025,000Tasers (Police)V&E-121375,000250,000 125,000800 MHZ Radios (Fire)V&E-127425,000250,000 175,000800 MHZ Radios (Police)V&E-12975,00075,000Thermal Imaging Cameras (Fire)V&E-132100,000100,000800 MHz Radios (Public Works Maintenance)V&E-133417,05041,705 41,705 41,705 41,705 41,705 41,705 41,705 41,705 41,705 41,705Body Cameras (Police)V&E-1357,5007,500Zodiac Boat (Fire)V&E-1367,5007,500Outboard Motor (Fire)V&E-13795,00045,000 50,000Passenger Vehicle (Fire)V&E-13895,00045,000 50,000Passenger Vehicle (Fire)V&E-13950,00050,000Pickup Truck (Park)V&E-141100,000100,000Dump Truck (Park)V&E-142100,000100,000Trash Compactor (Park)V&E-143700,00070,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000Skid Steer Loader (Street)V&E-145100,000100,000Dump Truck (Street)V&E-14650,00050,000Police Commander Vehicle (Police)V&E-147400,000400,000Water Tanker Truck (Street)V&E-149150,000150,000Asset Management Software UpgradeV&E-15095,00045,000 50,000Passenger Vehicle (Fire)V&E-15230,00030,000Traffic Trailer (Police)V&E-1547,5007,500Trailer (Street)V&E-155100,00050,00050,000Passenger Car (Police)V&E-15865,00065,000Salt Brine Production Equipment (Streets)V&E-15950,00050,000Physical Development PlotterV&E-16050,00050,000Pickup Truck (Engineering)V&E-16245,00045,000Pickup Truck (Engineering)V&E-16375,00075,000Trailer (Fire)V&E-1641,000,0001,000,000Fire Pumper (Fire)V&E-16545,00045,000Pickup Truck (Fire)V&E-166100,000100,000Utility Truck (Parks)V&E-16725,00025,000Rotary Mower (Parks)V&E-16825,00025,000Spreader-SprayerV&E-16950,00050,000Pickup Truck (Parks)V&E-1707,5007,500Trailer(Parks)V&E-1717,5007,500Trailer (Parks)V&E-17275,00075,000Utility Tractor (Parks)V&E-17385,00085,000Utility Truck (Parks)V&E-174153
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#155,000155,000Rotary Mower (Parks)V&E-17585,00085,000Utility Truck (Parks)V&E-176650,00065,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000Utility Machine (Parks)V&E-177165,000165,000Rotary Mower (Parks)V&E-17825,00025,000Field Line Painter (Parks)V&E-179100,000100,000Hooklift Truck (Streets)V&E-18015,00015,000Trailer (Streets)V&E-18145,00045,000Pickup Truck (Street)V&E-182190,000190,000Utility Machine (Streets)V&E-18375,00075,000Oil Distributor (Streets)V&E-18510,00010,000Trailer (Streets)V&E-186275,000275,000Wheel Loader(Street)V&E-187315,000315,000Dump Truck (Streets)V&E-188325,000325,000Hooklift Truck (Streets)V&E-189190,000190,000Utility Machine (Streets)V&E-19010,00010,000Trailer (Police)V&E-19150,00050,000Unmarked Vehicle (Police)V&E-19250,00050,000Unmarked Vehicle (Police)V&E-19345,00045,000Unmarked Vehicle (Police)V&E-19495,00045,000 50,000Unmarked Vehicle (Police)V&E-19550,00050,000Marked Pickup Truck(Police)V&E-19645,00045,000DroneV&E-198225,000225,000Wheel LoaderV&E-199300,000300,000Dump Truck (Streets)V&E-201325,000325,000Dump Truck (Streets)V&E-202100,000100,000SCBA CompressorV&E-204175,000175,000Wheeler LoaderV&E-20550,00050,000Asphalt RollerV&E-206125,000125,000Snow Blower (Streets)V&E-207325,000325,000Tandem Axle Hook Truck (Streets)V&E-2087,5007,500Tandem Axle Trailer-PoliceV&E-20915,00015,000Trailer (Veh-Maint)V&E-210700,00070,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000Skid Steer Loader (Streets)V&E-21195,00045,000 50,000Passenger Vehicle (Fire)V&E-21325,00025,000Asphalt Wheel SawV&E-250300,000300,000Single Axel Dump Truck (Streets, #713)V&E-251200,000200,000Rescue Vehicle (Fire)V&E-260Vehicles and Equipment Total20,302,0502,801,705 1,931,705 1,869,205 1,721,705 2,501,705 1,266,705 1,296,705 2,326,705 2,989,205 1,596,705
154
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#Water & Sewer Systems2,100,0002,100,000Sanitary Sewer & Water Line Repair/Recon.W&SS-00124,800,0003,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000Infrastructure Renewal Plan (IRP)W&SS-002150,000150,000Schaper Lift Station ReplacementW&SS-00845,00045,000Pickup TruckW&SS-011300,000300,000Sewer Jet TruckW&SS-012125,000125,000Pickup TruckW&SS-01475,00075,000Pickup TruckW&SS-01535,00035,000Cargo VanW&SS-028100,000100,000Pickup/Utility TruckW&SS-03725,00025,000Multiquip Portable GeneratorW&SS-0412,000,000200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000Mill and Overlay Water/Sewer RepairsW&SS-0515,0005,000Portable GeneratorW&SS-052250,000250,000Televising EquipmentW&SS-05310,00010,000TrailerW&SS-05425,00025,000Structure and Pipe Inspection Pole CameraW&SS-055300,000300,000ExcavatorW&SS-0562,200,000200,000 200,000 200,000 200,000 200,000 200,000 250,000 250,000 250,000 250,000Valve Replacement/Watermain LiningW&SS-0661,100,000275,000 275,000 275,000 275,000I-394 Inflow/Infiltration ProjectW&SS-07470,00035,000 35,000Sewer Flow MetersW&SS-0762,700,000250,000 250,000 250,000 250,000 250,000 250,000 300,000 300,000 300,000 300,000Sanitary Sewer Lining I/I ReductionW&SS-07840,00040,000Asset Management EquipmentW&SS-08040,00040,000800 MHz RadiosW&SS-0811,250,0001,250,000T.H. 55 Lift Station RelocationW&SS-08350,00050,000Almond Portable Gen/Light Plant TrailerW&SS-084750,000750,000Blue Line Sewer and Water ImprovementsW&SS-085100,000100,000Trenchless Request for InformationW&SS-0862,500,000250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000Complete Water Meter ReplacementW&SS-0875,0005,0003" Dewatering PumpW&SS-0885,0005,0004" Dewatering PumpW&SS-08950,00050,0006" Dewatering PumpW&SS-09050,00050,000Air CompressorW&SS-0915,0005,000Cement MixerW&SS-09345,00045,000Pickup TruckW&SS-09410,00010,000TrailerW&SS-09515,00015,000TrailerW&SS-09730,00030,000Trailer Mounted Air CompressorW&SS-098155
Total2024 2025 2026 2027 2028Department2029 2030 2031 2032 2033#35,00035,000Cargo VanW&SS-0991,000,0001,000,000Combination Jet/VactorW&SS-10010,00010,000Trailer Mounted WelderW&SS-1011,000,0001,000,000Zenith Avenue ReconstructionW&SS-1032,000,0002,000,000Zane & Lindsey St ReconstructionW&SS-10575,00075,000Pickup TruckW&SS-106500,000500,000Trunk Sanitary Sewer Repair-TH 100/GlenwoodW&SS-107750,000750,000Adair Avenue North Watermain RehabilitationW&SS-125650,000650,000TH55 WM Replacement @ Bassett CreekW&SS-126600,000600,000Bassett Creek Sanitary Sewer RehabilitationW&SS-127750,000750,000Bassett Creek Dr Reconstruction ProjectW&SS-128Water & Sewer Systems Total48,730,0008,510,000 3,110,000 5,125,000 4,340,000 4,000,000 4,625,000 4,195,000 4,375,000 4,475,000 5,975,00053,453,555 36,522,305 63,474,740 21,855,520 64,454,805317,707,450GRAND TOTAL12,080,805 12,370,805 15,500,805 15,148,305 22,845,805
156
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
3F. Approve Resolution No. 23-103 Adopting the 2024-2025 Budget for Enterprise, Special Revenue
and Internal Service Funds
Prepared By
Sue Virnig, Finance Director
Summary
The 2024-2025 Proposed Budgets of the above funds were submitted to the Council in July and
August. All budgets were reviewed previously at work sessions in September. The 2025 Budget is
approved “in concept” only and will be revised with the budget process in 2024. Detailed budgets are
located on the city’s website at http://www.goldenvalleymn.gov/159/City-Budget.
Financial or Budget Considerations
The supporting documents set the budget for 2024. The budget is a plan that will give departments a
guideline to conduct business.
Legal Considerations
MN Statues are followed for approving the budget.
Equity Considerations
Various City Departments reviewed the 2024-2025 Other Funds Budgets using equity decision-making
tools.
Recommended Action
Motion to approve Resolution No. 23-103 Adopting the 2024-2025 Budget for Enterprise, Special
Revenue and Internal Services Funds.
Supporting Documents
Resolution 23-103 - Adopting the 2024-2025 Budgets for Enterprise, Special Revenue and
Internal Service Funds.doc
157
RESOLUTION NO. 23-103
RESOLUTION ADOPTING THE 2024-2025 BUDGETS FOR ENTERPRISE,
SPECIAL REVENUE AND INTERNAL SERVICE FUNDS
WHEREAS, in 2023, the City Manager presented a biennial budget cycle with a
proposed current budget year (2024) and an in concept budget proposal for the second
year (2025); and
WHEREAS, this proposed 2024 operating budget is submitted by the City in
accordance with Minnesota Statutes and other applicable laws in effect on this date; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, that the 2024 Budgets are hereby given final approval.
FUND
DESCRIPTION AMOUNT
7001 Recycling $1,232,100
7120 Water and Sewer Utility 18,811,675
7150 Brookview Golf Course 4,459,625
7200 Motor Vehicle Licensing 616,590
7300 Storm Sewer Utility 8,902,540
2020 Community Services Commission 51,000
2025 Noah Joynes Youth Recreation Fund 0
2040 Brookview Facility 783,270
2010 DWI Fund 0
2011 VOTF Fund 4,000
2040 Lodging Tax 0
8200 Vehicle Maintenance 543,685
TOTAL 2024 BUDGET
$35,404,485
BE IT FURTHER RESOLVED by the City Council that the sources of financing are
through user fees, fundraisers, charges for services, and those applicable revenues
described in each specific budget.
BE IT FURTHER RESOLVED, that the City Council declares its intent to take all
necessary actions legally permissible to the submission and approval of the City’s budget
both proposed and final.
Adopted by the City of Golden Valley City Council this 5th day of December, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa J. Schyma, City Clerk
158
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
6A. Public Input on Adopting Resolution No. 23-104 to Adopt the Final 2024 of the General Fund
Budget and Resolution No. 23-105 Adopting the Property Tax Levies For Taxes Payable in 2024.
Prepared By
Sue Virnig, Finance Director
Summary
At this meeting, City Council will consider the resolution adopting the final property tax levies for
taxes payable 2024 and the 2024 General Fund Budget. The 2025 budget is for future planning
purposes and is approved "in-concept" only. The complete 2024-2025 Proposed General Fund Budget
is located on the city website. The property tax levy, included as part of the 2024-2025 Proposed
Budget, is currently $33,122,430. The General Fund levy portion is $26,778,525 and the Bonded Debt
Levy is $6,343,905. At the meeting City staff will make a short presentation reviewing the Proposed
2024-2025 General Fund Budget and Proposed Tax Levies Payable in 2024.
Financial or Budget Considerations
The supporting documents set the budget for 2024. The budget is a plan that will give departments a
guideline to conduct business.
Legal Considerations
MN Statutes defines the Truth in Taxation process.
Equity Considerations
The proposed budget strives to advance the equity goals of the City by funding infrastructure,
programs, and services that provide opportunities and resources for all. The process for adoption
includes the ability for any member of the public to provide feedback.
Recommended Action
Motion to Approve Resolution No. 23-104 Adopt the 2024 Budget of the General Fund.
Motion to Approve Resolution No. 23-105 Adopt the Property Tax Levies for Taxes Payable 2024.
Supporting Documents
2024-2025 Proposed General Fund Revenue Summary.pdf
2024-25 Expenditure Summary by Division.pdf
Resolution No. 23-104 Adopting the 2024 Budget of the General Fund.docx
Resolution No. 23-105 Adopting Final Tax Levies Payable in 2024.doc
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2021 2022 2023 2023 2023%2024 2024 % 2024 2025
Actual Actual Adopted Estimated B VS E Concept Estimated 2023 Concept
AD VALOREM TAXES
4011 AD VALOREM TAXES 20,274,481 22,185,904 25,008,020 25,008,020 100.00%23,871,695 26,778,525 107.08%27,566,499
ALLOWANCE FOR ABATEMENTS/DEL - - (175,000) (175,000) (175,000) (175,000) (175,000)
LESS HOMESTEAD CREDIT - -
4014 HOMESTEAD CREDIT - -
4012 PENALTIES & INTEREST 18,665 22,095 10,000 10,000 10,000 10,000
TOTAL AD VALOREM TAXES 20,293,146 22,207,999 24,843,020 24,843,020 100.00%23,696,695 26,613,525 107.13%27,401,499
LICENSES
4023 LICENSE-NEW/USED VEHICLES 4,800 5,200 400 400 100.00%4,800 400 100.00%400
4025 LICENSE-TEMPORARY LIQUOR 200 300 200 200 100.00%200 200 100.00%200
4026 LICENSE-WINE ON/SALES 10,000 15,333 14,000 14,000 100.00%10,000 14,000 100.00%14,000
4027 LICENSE-LIQUOR ON/SALE 105,750 96,600 96,600 96,600 100.00%105,750 96,600 100.00%96,600
4028 LICENSE-LIQUOR OFF SALE 1,600 1,000 1,000 1,000 100.00%1,600 1,000 100.00%1,000
4029 LICENSE-NONINTOX ON SALE 3,000 3,000 3,000 3,000 100.00%3,000 3,000 100.00%3,000
4030 LICENSE-NONINTOX OFF SALE 600 600 600 600 100.00%600 600 100.00%600
4031 LICENSE-SUNDAY LIQUOR 2,400 2,700 2,700 2,700 100.00%2,400 2,700 100.00%2,700
4033 LICENSE-CIGARETTE 4,500 4,500 4,050 4,050 100.00%4,050 4,050 100.00%4,050
4034 LICENSE-DOG (KENNEL)1,000 - 1,000 1,000 0.00%1,000 1,000 0.00%1,000
4038 LICENSE-GARBAGE COLLECTORS 4,150 4,700 4,700 4,700 100.00%3,300 4,700 100.00%4,700
4041 LICENSE-PEDDLER/SOLICITOR 750 450 180 180 100.00%300 180 100.00%180
4044 LICENSE-GAS STATION 4,125 3,500 3,350 3,350 100.00%4,125 3,350 100.00%3,350
4046 LICENSE-APARTMENT 88,995 93,544 83,000 83,000 100.00%83,960 90,000 108.43%90,000
4048 LICENSE-AMUSE DEVIC - 250 250 250 100.00%90 250 100.00%250
4052 LICENSE-HEATING 12,675 12,900 12,575 12,575 100.00%13,000 12,575 100.00%12,575
4058 LICENSE-MASSAGE 3,700 4,300 3,700 3,700 100.00%5,740 3,700 100.00%3,700
4059 LICENCE-CHICKEN COOP/RUN 350 325 250 250 100.00%250 250 100.00%250
4060 LICENSE-THC 900 - #VALUE!250 250 #VALUE!250
TOTAL LICENSES 248,595 250,102 231,555 231,555 100.00%244,415 238,805 103.13%238,805
PERMITS
4101 PERMIT-BUILDING 864,426 908,124 650,000 1,127,315 173.43%625,000 1,000,000 153.85%1,000,000
4102 PERMIT-PLUMBING 87,390 107,629 60,000 65,000 108.33%60,000 60,000 100.00%60,000
4103 PERMIT-SEWER 19,600 21,050 5,000 12,550 251.00%5,000 5,000 100.00%5,000
4104 PERMIT-HEATING 181,162 307,624 125,000 186,725 149.38%125,000 150,000 120.00%150,000
4105 PERMIT-WATER 2,100 1,850 1,800 1,200 66.67%1,800 1,800 100.00%1,800
4107 PERMIT-STREET EXCAVATING 44,321 55,733 28,000 29,035 103.70%28,000 28,000 100.00%28,000
4108 PERMIT-FIRE 31,017 38,271 20,000 25,000 125.00%20,000 20,000 100.00%20,000
4109 PERMIT-BILLBOARD 4,940 4,700 3,000 3,000 100.00%3,000 3,000 100.00%3,000
4114 PERMIT-TEMPORARY OCCUPENCY 600 300 300
4115 PERMIT-REFUNDS(20%)690 (3,663) 500 4,095 500 500 0.00%500
4116 PERMIT-GRADING/DRAINAGE/EROSI 9,983 12,100 6,000 6,000 100.00%6,000 6,000 100.00%6,000
4117 PERMIT-TREE PRESERVATION 3,050 6,000 1,200 4,250 354.17%1,200 1,200 100.00%1,200
4119 PERMIT-ELECTRICAL 73,489 102,944 75,000 75,000 100.00%75,000 75,000 100.00%75,000
4120 PERMIT-FIREWORKS 100 100 100 100 100.00%100 100 100.00%100
4121 PERMIT-SPECIAL EVENTS 50 125 50 50 100.00%50 50 100.00%50
4122 ELECTRIC DOCUMENTATION FEE 24,203 29,244 13,000 16,000 123.08%13,000 13,000 100.00%13,000
TOTAL PERMITS 1,347,121 1,592,131 988,650 1,555,620 157.35%963,650 1,363,650 137.93%1,363,650
FEDERAL GRANTS (1)
4137.1 ARPA GRANT 125,000 60,000 60,000
4137 CARES MONIES
4137.1 CARES MONIES-HENN CTY
4131 FEMA GRANT
4132.1 FED VEST PROGRAM
4132.3 SAFE AND SOBER
TOTAL FEDERAL GRANTS - 125,000 60,000 60,000 - -
STATE AID/GRANTS (1)
4146 ENERGY SECURITY GRANT 2,500 2,500
4149 LOCAL PERFORMANCE AID
4150 FIRE POST BOARD TRAINING GRANT 21,015 425 16,000 22,000 25,000 16,000 11685.00%16,000
4151 STATE AID
4152 LOCAL GOVERNMENT AID (LGA)
4153 POLICE TRAINING 28,479 20,697 16,000 18,000 112.50%25,000 16,000 100.00%16,000
4155 COURT FINES
4153.1 TOWARDS ZERO DEATHS (TZD)1,991 3,000 3,000 3,000 3,000
4153.6 VEST REIMBURSEMENT GRANT 690 4,970
Proposed 2024 - 2025 General Fund Revenue Report
City of Golden Valley
161
2021 2022 2023 2023 2023%2024 2024 % 2024 2025
Actual Actual Adopted Estimated B VS E Concept Estimated 2023 Concept
Proposed 2024 - 2025 General Fund Revenue Report
City of Golden Valley
TOTAL STATE GRANTS 52,684 28,083 35,000 45,500 130.00%50,000 35,000 100.00%35,000
COUNTY AID/GRANTS (1)
4173 OTHER COUNTY GRANTS 4,280 1,000 4,280 4,280 4,280 15,000
TOTAL COUNTY GRANTS 4,280 1,000 4,280 4,280 - 4,280 15,000
GENERAL GOVERNMENT
4191 CERTIFICATION FEE 12,054 13,260 7,500 7,500 100.00%7,500 7,500 100.00%7,500
4174 OTHER GOVT UNITS -
4194 ADMIN LIQUOR LICENSE - - - 500 #DIV/0!
4196 GENERAL GOVT-GEN SER 1,144 1,930 1,000 3,000 300.00%10,000 1,000 100.00%1,000
4197 FILING FEES 155 50 15 - 15 15 100.00%-
4200 LIQUOR LICENSE CHECKING 2,300 3,150 2,300 3,150 136.96%2,200 2,300 100.00%2,300
4203 COPY/MAILING FEES 6 - - -
4204 DOMESTIC PARTNERSHIP REG 120 - - -
4206 CITY T-SHIRTS 2,000 - -
4207 LEGAL FEES - 105 - -
TOTAL GENERAL GOVERMENT 17,779 18,495 10,815 13,650 126.21%20,215 10,815 100.00%10,800
PUBLIC SAFETY
4226 BRECK TRAFFIC CONTROL 40,863 30,620 30,000 30,620 102.07%28,650 30,000 100.00%30,000
4228 ALARM ORDINANCE VIOLATION 5,248 9,028 3,700 4,585 123.92%3,700 3,700 100.00%3,700
4229 SECURITY SERVICES - (209) - - - -
4230 POLICE DEPT CHARGES 3,557 6,159
SCHOOL RESOURCE OFFICER-281 -
4231 FIRE DEPT CHARGES 1,150 582 850 #DIV/0!850 850 850
4232 ANIMAL IMPOUND FEES 520 332 200 200 100.00%1,200 200 100.00%200
4233 ACCIDENT REPORTS - -
4237 NUISANCE VIOLATION 500 (300) #DIV/0!
4239 ANIMAL IMPOUND CONTRACT-RO 3,770 2,480 1,800 1,800 100.00%1,800 1,800 100.00%1,800
TOTAL PUBLIC SAFETY 55,608 48,692 35,700 38,055 106.60%36,200 36,550 102.38%36,550
PUBLIC WORKS/COMMUNNITY DEVELOPMENT
4258 PLANNING & ZONING FEES 22,150 14,270 7,500 7,500 100.00%7,500 7,500 100.00%7,500
4251 CHGS FOR STREET DEPT - 2,135 - - 100 - -
4253 CHGS FOR PARK DEPT - 3,147 - 3,145 - -
4254 WEED CUTTING (375) 1,125 1,125 1,125 100.00%3,800 1,125 100.00%1,125
4255 STREET LIGHT MAINT CHGS 177,619 193,357 175,000 175,000 100.00%175,000 175,000 100.00%175,000
4256 CHGS FOR ENGINEERING (684) (2,392) - - - -
4256 HOMESTUDY PROGRAM 15,000
4262 CHARGING STATION-CITY HALL 55 425 - - - -
TOTAL PUBLIC WORKS 198,765 212,067 183,625 186,770 101.71%186,400 198,625 108.17%183,625
PARK & RECREATION
4305 MISC INCOME-BROOKVIEW 252 61 1,000 1,000 100.00%1,000 1,000 100.00%1,000
4307 PICNIC SHELTER RENTAL 27,480 38,880 22,000 22,000 100.00%22,000 22,000 100.00%22,000
4308 LIQUOR PERMIT-BV 1,150 1,350 500 500 100.00%500 500 100.00%500
4309 ATHLETIC FACILITY RENTALS 67,306 9,274 30,000 30,000 100.00%45,000 45,000 150.00%45,000
4311.1 MEADOWBROOK RENTAL 3,940 13,428 25,000 28,000 112.00%28,000 28,000 112.00%28,000
4311.2 MEADOWBROOK PROGRAMS 1,118 10,485 4,000 8,000 200.00%8,000 8,000 200.00%8,000
4314 FINANICAL ASSISTANCE - (120) 125 (1,500) -1200.00%(1,500) (1,500) -1200.00%(1,500)
4315 FOOD TRUCK PERMITS 550 2,070 1,500 1,500 100.00%1,500 1,500 100.00%1,500
4316 SPONSORSHIPS - 500 500 1,200 1,200 1,200 240.00%1,200
4317 GV LOGO CLOTHING 844 1,919 1,000 1,500 150.00%1,000 1,000 100.00%1,000
4325.1 ADULT-ATHLETICS 10,280 15,250 12,000 18,000 150.00%19,000 19,000 158.33%19,000
4325.2 ADULT SOFTBALL 33,220 32,100 24,900 37,000 148.59%38,000 38,000 152.61%38,000
4325.3 ADULT-PROGRAMS & EVENTS 7,323 21,904 12,000 34,000 283.33%35,000 35,000 291.67%35,000
4355.1 YOUTH-ATHLETICS 13,165 35,368 42,000 35,000 83.33%76,000 35,000 83.33%35,000
4355.2 YOUTH-SUMMER PLAYGROUND 26,427 33,208 4,000 33,000 825.00%46,000 10,000 250.00%10,000
4355.3 YOUTH-PROGRAM & EVENTS 9,013 28,916 15,000 15,000 100.00%45,000 45,000 300.00%45,000
4389 FIELD MAINTENANCE FEES 7,296 17,000 4,000 12,000 300.00%12,000 12,000 300.00%12,000
4405.1 SENIOR-PROGRAMS & EVENTS 1,260 4,257 2,500 4,000 160.00%4,500 4,500 180.00%4,500
4405.2 SENIOR-TRIPS 5,112 32,019 8,000 8,000 100.00%60,000 10,500 131.25%10,500
TOTAL PARK AND RECREATION 215,736 297,869 210,025 288,200 137.22%442,200 315,700 150.32%315,700
OTHER FUNDS
162
2021 2022 2023 2023 2023%2024 2024 % 2024 2025
Actual Actual Adopted Estimated B VS E Concept Estimated 2023 Concept
Proposed 2024 - 2025 General Fund Revenue Report
City of Golden Valley
4433 CHGS TO CONSTRUCTION FUND 163,760 103,013 125,000 125,000 100.00%125,000 125,000 100.00%125,000
4434 CHGS TO UTILITY FUND 275,000 275,000 300,000 275,000 91.67%275,000 300,000 100.00%300,000
4435 CHGS TO BROOKVIEW FUND 85,000 85,000 85,000 85,000 100.00%85,000 85,000 100.00%85,000
4436 CHGS TO MOTOR VEHICLE FUND 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000
4437 CHGS TO RECY FUND 51,500 75,000 75,000 75,000 100.00%75,000 75,000 100.00%75,000
4438 CHGS TO CEMETARY FUND - 200
4439 HRA TRANS-ADMIN - -
4440 CHGS TO STORM UTILITY FUND 200,000 200,000 250,000 250,000 100.00%200,000 250,000 100.00%250,000
TOTAL OTHER FUNDS 805,260 768,213 865,000 840,000 97.11%790,000 865,000 100.00%865,000
FINES & FORFEITURES
4155.1 DWI VEHICLE FORFEITURES - - - - -
4155 COURT FINES & FORFEITURES 127,095 81,852 76,640 76,640 100.00%125,000 76,640 100.00%76,640
TOTAL FINES & FORFEITURES 127,095 81,852 76,640 76,640 100.00%125,000 76,640 100.00%76,640
INTEREST ON INVESTMENTS
4471 INTEREST ON INVESTMENTS (63,306) (513,279) 125,000 80,000 64.00%150,000 125,000 100.00%130,000
INTEREST ON INVESTMENTS (63,306) (513,279) 125,000 80,000 64.00%150,000 125,000 100.00%130,000
TRANSFERS IN
4501 PERMANENT TRANS-MOTOR VEH 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000
TOTAL TRANSFERS IN 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000
OTHER REVENUE
4479 TOWER RENTAL 15,977 16,372 14,000 14,000 100.00%14,820 14,000 100.00%14,000
4480 BUILDING RENTS
-BROOKVIEW GOLF COURSE 127,200 127,200 100,000 127,200 127.20%100,000 127,200 127.20%127,200
-MOTOR VEHICLE LICENSING 22,000 22,000 22,000 22,000 100.00%22,000 22,000 100.00%22,000
-VEHICLE MAINTENANCE 24,000 24,000 24,000 24,000 100.00%24,000 24,000 100.00%24,000
4478 SPECIAL ASSESS COLL-COUNTY 7,344 8,857 6,000 6,000 100.00%6,000 6,000 100.00%6,000
4483 CONTRIBUTIONS & DONATIONS 1,300 1,600
TOTAL OTHER REVENUE 197,821 200,029 166,000 193,200 116.39%166,820 193,200 116.39%193,200
MISCELLANEOUS COSTS
4476 BURIAL CHARGE-CEMETERY 400 1,150 400 400 100.00%1,500 400 100.00%400
4707 PENALTIES-LIQUOR/TOBACCO
4474 SCRAP METAL 9,435 3,634 2,500 2,500 100.00%2,000 2,500 100.00%2,500
4486 MISCELLANEOUS RECEIPTS 1,318 1,415 1,000 1,000 100.00%2,500 1,000 100.00%1,000
4487 OVER AND SHORT (96) (15)
4488 RETURNED CHECK FEE
4489 ATM 16 16 - - 300 - -
4491 CERTIFICATION FEES 30 30 - - - -
TOTAL MISCELLANEOUS COSTS 11,103 6,230 3,900 3,900 100.00%6,300 3,900 100.00%3,900
GENERAL FUND TOTAL 23,541,687$ 25,354,483$ 27,869,210$ 28,490,390$ 102.23%26,907,895$ 30,110,690$ 108.04%30,899,369$
163
2021 2022 2023 2023 2024 2024 2025
ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT
001 COUNCIL
1001 COUNCIL $341,396 $430,130 $410,150 $403,530 $434,095 $294,970 $305,930
1002 PEACE COMMISSION 203 267 5,000 5,000 5,100 5,100 5,200
1003 DIVERSITY EQUITY INCLUSION 1,315 1,566 5,300 5,300 5,400 5,300 5,400
1040 ENVIRONMENTAL COMMISSION 1,550 0 3,500 3,500 3,500 3,500 3,500
1050 PLANNING COMMISSION 1,519 1,398 3,725 3,725 3,805 3,805 3,805
1060 PARK & OPEN SPACE COMM 67 353 1,100 1,100 1,100 1,100 1,100
1070 BOARD OF ZONING APPEALS 332 633 1,185 1,185 1,220 1,145 1,145
1142 ELECTIONS (MOVED IN 2024)26,903 64,621 48,845 52,290 105,050 0 0
TOTAL DIVISION (001)373,285 498,968 478,805 475,630 559,270 314,920 326,080
003 CITY MANAGER
1030 CITY MANAGER 1,102,027 1,293,470 1,693,715 1,647,720 1,557,350 401,740 417,710
1105 INFORMATION TECHNOLOGY (MOVED IN 2024) 1,633,155 1,662,740
TOTAL DIVISION (003)1,102,027 1,293,470 1,693,715 1,647,720 1,557,350 2,034,895 2,080,450
004 TRANSFERS OUT
1025 TRANSFERS OUT 6,167,580 3,362,910 3,200,000 3,200,000 3,425,000 3,375,000 3,525,000
TOTAL DIVISION (004)6,167,580 3,362,910 3,200,000 3,200,000 3,425,000 3,375,000 3,525,000
005 ADMINISTRATIVE SERVICES
1101 GENERAL SERVICES 824,453 839,125 909,675 906,975 933,540 923,770 954,500
1102 ACCOUNTING 338,801 414,286 484,365 485,940 505,905 534,030 565,360
1105 COMPUTER SERVICES 1,145,434 1,170,885 1,306,395 1,316,395 1,357,525 0 0
TOTAL DIVISION (005)2,308,688 2,424,296 2,700,435 2,709,310 2,796,970 1,457,800 1,519,860
006 LEGAL SERVICES
1121 LEGAL SERVICES 235,234 367,498 482,395 482,295 591,920 457,215 573,990
1122 CITY CLERK (MOVED IN 2024)- - - - - 188,835 199,250
1123 ELECTIONS & VOTER
REGISTRATION (MOVED IN 2024)- - - - 129,745 53,070
TOTAL DIVISION (006)235,234 367,498 482,395 482,295 591,920 775,795 826,310
007 RISK MANAGEMENT
1115 INSURANCE 269,420 277,610 370,000 370,000 380,000 380,000 400,000
TOTAL DIVISION (007)269,420 277,610 370,000 370,000 380,000 380,000 400,000
008 HUMAN RESOURCES 0 0 0 0 0 501,380 478,415
1034 DEP CLERK/HUMAN RESOURCES 0 0 0 0 0 326,650 343,670
1035 DIVERSITY, EQUITY AND INCLUSION
0 0 0 0 0 828,030 822,085
TOTAL DIVISION (008)
009 COMMUNICATIONS
1031 COMMUNICATIONS - - - - - 462,695 $497,190
TOTAL DIVISION (009)- - - - - 462,695 497,190
011 BUILDING OPERATIONS
1180 BUILDING OPERATIONS $791,567 911,886 872,100 949,115 897,980 992,560 1,013,935
TOTAL DIVISION (011)791,567 911,886 872,100 949,115 897,980 992,560 1,013,935
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2024 - 2025 OPERATING BUDGET
164
2021 2022 2023 2023 2024 2024 2025
ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2024 - 2025 OPERATING BUDGET
016 PLANNING
1166 PLANNING 412,822 392,458 401,220 415,275 426,405 523,380 541,080
TOTAL DIVISION (016)412,822 392,458 401,220 415,275 426,405 523,380 541,080
018 INSPECTIONS
1162 INSPECTIONS 797,494 884,310 917,025 947,400 959,640 1,015,405 1,049,195
TOTAL DIVISION (018)797,494 884,310 917,025 947,400 959,640 1,015,405 1,049,195
165
2021 2022 2023 2023 2024 2024 2025
ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2024 - 2025 OPERATING BUDGET
022 POLICE
1300 POLICE ADMINISTRATION 1,127,802 1,112,954 1,179,660 1,219,440 1,230,495 1,348,155 1,360,150
1320 POLICE OPERATIONS 4,835,223 4,713,862 6,525,555 6,756,010 6,840,650 7,045,405 6,960,265
1323 TOWARDS ZERO DEATHS - 1,117 - - - - -
1324 POLICE SECUITY SERVICE-POTUS - - - - - - -
1130 PROSECUTION AND COURT 199,438 - - - - - -
TOTAL DIVISION (022)6,162,463 5,827,933 7,705,215 7,975,450 8,071,145 8,393,560 8,320,415
023 FIRE
1346 FIRE ADMINISTRATION 1,450,511 1,775,050 2,184,600 $2,079,315 2,241,615 2,318,220 2,427,270
TOTAL DIVISION (023)1,450,511 1,775,050 2,184,600 2,079,315 2,241,615 2,318,220 2,427,270
035 COMMUNITY DEVELOPMENT
1400 COMMUNITY DEVELOPMENT 324,003 332,680 357,855 349,655 370,800 374,135 392,565
TOTAL DIVISION (035)324,003 332,680 357,855 349,655 370,800 374,135 392,565
036 ENGINEERING
1420 GENERAL ENGINEERING 561,482 560,112 707,665 680,675 780,845 697,635 713,735
TOTAL DIVISION (036)561,482 560,112 707,665 680,675 780,845 697,635 713,735
037 STREETS
1440 STREET MAINTENANCE 1,808,936 1,950,782 2,226,420 2,117,355 2,319,195 2,292,745 2,364,505
1448 SNOW AND ICE CONTROL 239,978 288,100 279,250 279,250 294,030 286,430 296,530
1449 STREET LIGHTS 227,089 243,403 247,500 247,500 252,500 255,000 262,500
1450 TRAFFIC SIGNALS 28,609 28,647 55,500 55,500 59,000 59,500 62,750
TOTAL DIVISION (037)2,304,612 2,510,932 2,808,670 2,699,605 2,924,725 2,893,675 2,986,285
066 PARK AND REC ADMINISTRATION
1600 PARK AND REC ADM 864,289 948,660 1,016,125 1,041,100 1,049,935 1,084,010 1,118,140
TOTAL DIVISION (066)864,289 948,660 1,016,125 1,041,100 1,049,935 1,084,010 1,118,140
067 PARK MAINTENANCE
1620 PARK MAINTENANCE 1,176,750 1,207,422 1,259,780 1,382,185 1,302,750 1,439,510 1,496,960
1646 TREE MAINTENANCE 226,885 316,026 276,590 276,540 298,505 305,405 324,920
TOTAL DIVISION (067)1,403,635 1,523,448 1,536,370 1,658,725 1,601,255 1,744,915 1,821,880
068 PARK AND REC PROGRAMS
ADULT PROGRAMS:
1596 ADULT-ATHLETICS 5,323 15,126 10,800 12,240 12,420 12,740 14,740
1597 ADULT-SOFTBALL 24,335 27,304 35,050 34,250 36,625 34,625 38,700
1680 ADULT-PROGRAMS & EVENTS 12,899 19,848 31,015 30,415 31,025 30,415 30,415
TOTAL ADULT PROGRAMS 42,557 62,278 76,865 76,905 80,070 77,780 83,855
166
2021 2022 2023 2023 2024 2024 2025
ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2024 - 2025 OPERATING BUDGET
YOUTH PROGRAMS:
1660 YOUTH-SUMMER PLAYGROUND 55,219 57,407 82,680 82,680 84,500 88,560 91,880
1670 YOUTH-PROGRAMS & EVENTS 13,508 23,606 56,560 56,560 57,770 57,770 58,980
1673 YOUTH-ATHLETICS 7,761 41,151 55,960 49,635 57,110 53,085 54,235
1679 YOUTH-RINK SUPERVISION 2,772 25,742 28,690 28,690 28,690 28,690 29,550
TOTAL YOUTH PROGRAMS 79,260 147,906 223,890 217,565 228,070 228,105 234,645
SENIOR PROGRAMS:
1691 SENIOR-PROGRAMS & EVENTS 2,545 14,658 31,020 31,020 31,625 31,625 32,250
1694 SENIOR-TRIPS 5,562 30,439 56,200 55,700 56,200 56,200 56,200
TOTAL SENIOR PROGRAMS 8,107 45,097 87,220 86,720 87,825 87,825 88,450
RONALD B DAVIS COMM CTR:
1695 MEADOWBROOK COMM CTR 5,285 41,606 49,040 49,040 49,685 50,350 51,700
TOTAL RONALD B DAVIS COMM CTR 5,285 41,606 49,040 49,040 49,685 50,350 51,700
TOTAL DIVISION (068)135,209 296,887 437,015 430,230 445,650 444,060 458,650
099 CONTINGENCIES
1900 CONTINGENCIES $0 $0 $0 $0 $0 $0 $0
TOTAL DIVISION (099)$0 - - - - - $0
GENERAL FUND
TOTAL DIVISIONS 25,664,321 24,189,108 27,869,210 28,111,500 29,080,505 30,110,690 30,840,125
167
RESOLUTION NO. 23-104
RESOLUTION ADOPTING THE 2024 BUDGET
OF THE GENERAL FUND BUDGET
WHEREAS, in 2023, the staff presented a biennial budget cycle with a proposed
2024 current budget year and a 2025 “in concept” budget proposal; and
WHEREAS, in 2024, the benefit earning employees of the City of Golden Valley
receive the dollar amount of the City's contribution for benefits of $1,652.10 per month
effective January 1, 2024. The City will also pay the cost of group term life IRS
maximum non-taxable level and group long term disability insurance for those
employees, and
WHEREAS, in 2024, the benefit earning employees of the City of Golden Valley
that were classified under Management Team and/or Division Head/Supervisor
categories who have been appointed in such designated positions prior to May 1, 2011
will be $1,652.10 per month plus 2% of monthly salary on January 1, 2024. The City will
also pay the cost of group term life IRS maximum non-taxable level and group long term
disability insurance for those employees, and
WHEREAS, in 2024, Employees who successfully participated in the City
wellness program in 2023 will receive an additional $20.00 per month in the City's
contribution towards benefits, and
WHEREAS, Employee service awards are outlined in the Public Purpose
Expenditure Policy and shall be considered compensation with IRS regulations, and
WHEREAS, in 2024, all City of Golden Valley non-union employees will receive
3% increase in wages and salaries starting January 1, and
WHEREAS, this proposed 2024 operating budget resolution and the
accompanying proposed tax levies contained in Resolution No. 23-105 are submitted by
the City in accordance with Minnesota Statutes and other applicable laws in effect on
this date; and
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota,
that the 2024 General Fund Budget are hereby given final approval.
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DIVISION DESCRIPTION AMOUNT
001 Council $314,920
003 City Manager 2,034,895
004 Transfers Out 3,375,000
005 Administrative Services 1,457,800
006 Legal Services 775,795
007
008
009
Risk Management
Human Resources
Communications
380,000
828,030
462,695
011 Building Operations 992,560
016 Planning 523,380
018 Inspections 1,015,405
022 Police 8,393,560
023 Fire 2,318,220
035 Community Development 374,135
036 Engineering 697,635
037 Streets 2,893,675
066 Park and Recreation
Administration
1,084,010
067 Park Maintenance 1,744,915
068 Park and Recreation
Programs
444,060
TOTAL 2024 BUDGET $30,110,690
BE IT RESOLVED by the City Council that the sources of financing the
sums appropriated shall be:
DESCRIPTION
AMOUNT
Ad Valorem Taxes $26,613,525
Licenses 238,805
Permits 1,363,650
Fed/State Aid/County
Grants
39,280
Charges for Services 1,426,690
Fines and Forfeitures 76,640
Interest on Investments 125,000
Miscellaneous Revenue 197,100
Transfers In 30,000
TOTAL 2024 BUDGET $30,110,690
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BE IT FURTHER RESOLVED, that the City Council declares its intent to take all
necessary actions legally permissible to the submission and approval of the City’s
budget and property tax levies both proposed and final.
__________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa J. Schyma, City Clerk
170
RESOLUTION NO. 23-105
ADOPTING FINAL TAX LEVY PAYABLE IN 2024
WHEREAS, State Law requires the certification of a proposed budget and
proposed tax levies no later than October 2, 2023; and
WHEREAS, the City Council has met and discussed the proposed budget and tax
levy; and
WHEREAS, the debt service levy as established in the bond documents for the
General Obligation Bonds, Series 2016C (B2822), the amount of $393,710.63 will not be
levied in 2024 due to the utilization of the franchise fees collected from gas and electric
utilities, and
WHEREAS, the debt service levy as established in the bond documents for the
General Obligation Bonds, Series 2017B (B2825A), the amount of $21,276.77 will not be
levied due to the utilization of the internal state aid monies, and
NOW, THEREFORE, BE IT RESOLVED, that there is hereby levied upon all taxable
property located within the City of Golden Valley the following amounts:
General Tax Levy $26,778,525
Bonded Debt Levy:
Brookview Center 1,214,600
Street Improvement Bonds 5,129,305
TOTAL Tax Levy $33,122,430
BE IT FURTHER RESOLVED, the City Clerk shall certify to the Hennepin County
Auditor a copy of this resolution approving the property tax levies for collection in 2024 for
the City of Golden Valley.
BE IT FURTHER RESOLVED, that the proposed 2024 budget of the General Fund
is $30,110,690 and the proposed 2024 budget is approved in concept only.
BE IT FURTHER RESOLVED, that the City Council declares its intent to take all
necessary actions legally permissible to the submission and approval of the City’s budget
and property tax levies both proposed and final.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of December, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
171
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
December 5, 2023
Agenda Item
6B. First Consideration of Ordinance No. 774 - Local Sales and Use Tax Regulations
Prepared By
Theresa Schyma, City Clerk
Alma Flores, Community Development Director
Summary
At the November 7, 2023 Municipal Election, Golden Valley voters approved three ballot questions
authorizing the City to impose a local sales and use tax to pay for projects to modernize its core service
operations. The local sales tax of 1.25 percent will provide revenues to pay for the projects, plus
interest, and the cost of issuing bonds.
Per Minn. Stat. § 297A.99 , the Council must adopt an ordinance imposing the local sales and use tax
and establishing an effective date. The proposed ordinance sets the effective date as April 1, 2024.
Second consideration of the ordinance is scheduled for the December 19, 2023 City Council meeting.
Following approval by Council, staff will notify the Minnesota Department of Revenue, in writing and
with required supporting documentation, at least 90 days before the anticipated effective date.
Legal Considerations
The Legal Department and Finance Department worked together to prepare the proposed ordinance.
Equity Considerations
This item did not require equity review.
Recommended Action
Motion to approve first consideration of Ordinance No. 774 for local sales and use tax regulations.
Supporting Documents
Ordinance No. 774 - Local Sales and Use Tax
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ORDINANCE NO. 774
AN ORDINANCE OF THE CITY OF GOLDEN VALLEY, MINNESOTA, ENACTING CHAPTER 16,
ARTICLE I, SECTION 16-3 OF THE CITY CODE: LOCAL SALES AND USE TAX
THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA DOES HEREBY ORDAIN:
CHAPTER 16, ARTICLE I, SECTION 16-3
LOCAL SALES AND USE TAX
(a) Authority. Pursuant to Minnesota Laws 2023, Chapter 64, Article 10, Section 37 (the
“Act”), the Minnesota Legislature has authorized the City of Golden Valley, Minnesota to impose
a one and one-quarter percent (1.25%) sales and use tax to provide revenues to pay the costs of
collecting and administering the tax to the commissioner of revenue of the state of Minnesota
and to finance the capital and administrative costs related to the funding of designated projects
identified in the Act and approved by the voters at the general election held November 7, 2023.
(b) Definitions. For purposes of this chapter, the following words, terms, and phrases
have the meanings given them in this section unless the language or context clearly indicates a
different meaning is intended.
(1)“Act” means Minnesota Laws 2023, Chapter 64, Article 10, Section 37, as
amended.
(2)“City” means the City of Golden Valley, Minnesota.
(3)“Commissioner” means the commissioner of revenue of the state of
Minnesota or a person to whom the commissioner has delegated functions.
(4)“Designated Projects” means the planning, design, construction,
acquisition, betterment, and any other capital and administrative costs of the following
projects in the City, including securing and paying debt service on bonds issued to finance
all or part of the following projects:
i.$45,000,000 plus associated bonding costs for construction of a
new public works facility;
ii.$15,000,000 plus associated bonding costs for the purchase of land
for a new public works facility; and
iii.$45,000,000 plus associated bonding costs for construction of a
new public safety facility.
(5)“Local Sales and Use Tax” means the sales and use tax imposed and
collected pursuant to this section.
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(6)“State Sales and Use Tax Laws and Rules” means those provisions of the
state revenue laws applicable to state sales and use tax imposition, administration,
collection, and enforcement, including Minnesota Statutes, chapters 270C, 289A, 297A
and Minnesota Rules, chapter 8130, as amended from time to time.
(c) Local Sales and Use Tax imposed; amount of tax; coordination with State Sales and
Use Tax Laws and Rules. A local sales tax is imposed in the amount of one and one-quarter
percent (1.25%) on the gross receipts from sales at retail sourced within City limits which are
taxable under the State Sales and Use Tax Laws and Rules. A local use tax is imposed in the
amount of one and one-quarter percent (1.25%) on the storage, use, distribution or consumption
of goods or services sourced within City limits which are taxable under the State Sales and Use
Tax Laws and Rules. All of the provisions of the State Sales and Use Tax Laws and Rules apply to
the Local Sales and Use Tax imposed by this section. The Local Sales and Use Tax imposed by this
section shall be collected and remitted to the Commissioner on any sale or purchase when the
state sales tax must be collected and remitted to the Commissioner under the State Sales and
Use Tax Laws and Rules and is in addition to the state sales and use tax.
(d) Effective date of tax; transitional sales. Except as otherwise provided herein, the
Local Sales and Use Tax imposed by this section shall apply to sales and purchases made on or
after April 1, 2024, and shall be in addition to all other taxes now in effect. The Local Sales and
Use Tax is governed by State Sales and Use Tax Laws and Rules regarding sales that occur during
any transition period described therein and, in addition, the Local Sales and Use Tax imposed by
this section shall not apply to:
(1)The gross receipts from retail sales or leases of tangible personal property
or Motor Vehicles made pursuant to a bona fide written contract, which unconditionally
vests the rights and obligations of the parties thereto, provided that such contract was
enforceable prior to April 1, 2024, and that delivery of the tangible personal property
subject thereto is made on or before April 1, 2024.
(2)The gross receipts from retail sales made pursuant to a bona fide lump sum
or fixed price construction contract, which unconditionally vests the rights and obligations
of the parties thereto and which does not make provision or allocation of future taxes,
provided that such contract was enforceable prior to April 1, 2024, and that delivery of
the tangible personal property used in performing such construction contract is made
before April 1, 2024.
(3)The purchase of taxable services, including utility services, if the billing
period includes charges for services furnished before and after April 1, 2024, but the Local
Sales and Use Tax imposed by this section shall apply on the first billing period not
including charges for services furnished before April 1, 2024.
(4)Lease payments for tangible personal property and Motor Vehicles that
includes a period before and after April 1, 2024, but the Local Sales and Use Tax imposed
by this section shall apply on a prorated basis to lease payment amounts attributable to
that portion of the lease payment period on or after April 1, 2024 and on the entire lease
payment for all lease payment periods thereafter.
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(e) Tax Clearance; Issuance of Licenses.
(1)The City may not issue or renew a license for the conduct of a trade or
business within the City if the Commissioner notifies the licensing division of the City that
the applicant owes delinquent Local Sales and Use Taxes as provided in this section, or
penalties or interest due on such taxes. For the purposes of this section, the penalties and
interest due on Local Sales and Use Taxes are included in the meaning of Local Sales and
Use Taxes.
(2)Delinquent Local Sales and Use Taxes do not include a tax liability if: (i) an
administrative or court action which contests the amount or validity of the liability has
been filed or served, (ii) the appeal period to contest the tax liability has not expired, or
(iii) the applicant has entered into a payment agreement and is current with the
payments.
(3)Applicant means an individual if the license is issued to or in the name of
an individual or the corporation, partnership or other entity if the license is issued to or
in the name of a corporation, partnership or other entity.
(4)A copy of the notice of delinquent taxes given to the licensing division of
the City shall also be sent to the applicant taxpayer. In the case of renewal of a license, if
the applicant requests a hearing in writing, within 30 days of receipt of the notice of
delinquent taxes, then a contested hearing shall be held under the same procedures as
provided in Minn. Stat. 270A, as amended, for the state sales and use tax imposed under
Minn. Stat. 297A, as amended; provided further that if a hearing must be held on the state
sales and use tax, hearings must be combined.
(f) Deposit of revenues; costs of administration; termination of tax.
(1)All of the revenues, interest, and penalties derived from the Local Sales
and Use Tax imposed by this section collected by the Commissioner and remitted to the
City shall be deposited by the City Finance Director in the City treasury and shall be
credited to the fund established to pay the costs of collecting the Local Sales and Use Tax
imposed by this sectionand to finance the capital and administrative costs directly related
to completing the Designated Projects.
(2)The Local Sales and Use Tax imposed by this section shall terminate at the
earlier of (1) 30 years after the tax is first imposed, or (2) when the City Council determines
that the amount received from the tax is sufficient to pay for the Designated Projects,
plus an amount sufficient to pay interest on and the costs of issuing any bonds issued
pursuant to the Act. Any funds remaining after payment of all such costs and retirement
or redemption of the bonds due to the timing of the termination of the tax under
Minnesota Statutes, section 297A.99, subdivision 12, shall be placed in the general fund
of the City. The Local Sales and Use Tax imposed by this section may terminate at an
earlier time if the City Council so determines by ordinance.
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(g) Agreement with the Commissioner. The City may enter into an agreement with the
Commissioner regarding each party’s respective roles and responsibilities related to the
imposition, administration, collection, enforcement, and termination of the Local Sales
and Use Tax imposed by this section. Any such agreement shall not abrogate, alter, or
otherwise conflict with the State Sales and Use Tax Laws and Rules, this ordinance, or the
Act.
(h) Summary publication. The following summary is approved by the City Council and
shall be published in lieu of publishing the entire ordinance pursuant to Minnesota Statutes
section 412.191:
Pursuant to a voter-approved referendum, the City is authorized to and will impose
a local sales and use tax of one and one-quarter percent (1.25%) on retail sales
made on or after April 1, 2024 to pay for the cost of collecting and administering
the taxes and to pay for certain costsrelated to the funding of the planning, design,
construction and any other capital and administrative costs of the following
projects and plus an amount sufficient to pay interest on and the costs of issuing
any bonds issued pursuant to Minnesota Laws 2023, Chapter 64, Article 10, Section
37:
(1)$45,000,000 plus associated bonding costs for construction of a new public
works facility;
(2)$15,000,000 plus associated bonding costs for the purchase of land for a new
public works facility; and
(3)$45,000,000 plus associated bonding costs for construction of a new public
safety facility.
(i) Effective Date. This Ordinance amends the City Code by enacting a new Article I,
Section 16-3 to Chapter 16. This Ordinance shall be in full force and effect from and after its
passageand publication (or publication of a summary thereof in accordance with applicable law).
Passed by the City Council of the City of Golden Valley, Minnesota, this 19
th day of December,
2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
176
Review of Council Calendar
Event Event Time Location
DECEMBER
Thursday, December 7
Building An Equitable Golden Valley Quarterly Conversation: DEIC
Year In Review, Input Into 2024 Work Plan, & Cultural Celebration 6:00 PM - 8:30 PM Brookview
Sunday, December 10
Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview
Bassett Creek Room
Monday, December 11
Canadian Pacific Holiday Train 4:45 PM - 5:00 PM Golden Hills Drive Railway Crossing
Tuesday, December 12
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, December 19
City Council Open House for Outgoing Elected Officials 5:30 PM Council Conference Room
City Council Meeting 6:30 PM Hybrid - Council Chambers
Monday, December 25
City Offices Closed for Christmas (observed)
Tuesday, December 26
City Offices Closed for Christmas (observed)
JANUARY
Monday, January 1
City Offices Closed for Observance of New Years Day
Tuesday, January 2
City Council Open House for Incoming Elected Officials 5:30 PM Council Conference Room
City Council Meeting 6:30 PM Hybrid - Council Chambers
Tuesday, January 9
Council Work Session 6:30 PM Hybrid - Council Conference Room
Sunday, January 14
Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview
Bassett Creek Room
Sweet Potato Comfort Pie: Annual Dr. Martin Luther King, Jr.
Service Holiday
1:00 PM - In-Person
Pre-Program
2:00 PM - 4:30 PM -
Hybrid Event
Hybrid Event - Breck School, 123
Ottawa Ave N
Monday, January 15
City Offices Closed for Observance of Dr. Martin Luther King, Jr.
Day
2024 Dr. Martin Luther King, Jr. Holiday Breakfast
7:00 AM - Doors Open
8:00 - 9:30 AM -
Program
Hybrid Event - Minneapolis
Convention Center Ballroom, 1301
Second Avenue South,Minneapolis
Tuesday, January 16
City Council Meeting 6:30 PM Hybrid - Council Chambers
Tuesday, January 30
Annual City Council Goal Setting Session
5:30 PM - Dinner
6:00 PM - Session
begins
Brookview - Valley Room
Thursday, January 25
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley Room
177