09-20-22 City Council Agenda
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 2462 409 023. 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 2462 409 023. Press *3 to raise
your hand during public comment sections.
1. Call to Order
A. Pledge of Allegiance and Land Acknowledgement Pages
B. Roll Call
C. New Employee Introductions
D. Proclamation in Support of National Police Woman Day – September 12 3-4
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.
A. Approval of Minutes – Special City Council Closed Executive Session #1 – September 6,
2022; Special City Council Closed Executive Session #2 – September 6, 2022; and Special
City Council Meeting – September 13, 2022
5-7
B. Approval of Check Register 8
C. Licenses:
1. Approve General Business Licenses – THC Retail Establishments 9
2. Approve On-Sale Liquor License – Game Show Battle Rooms, 8836 7th Avenue North 10
3. Grant Local Approval for a Gambling Premises Permit for the Lions of Crystal at New
Bohemia, Resolution No. 22-084
11-12
September 20, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
September 20, 2022 – 6:30 pm
2
4. Gambling Exemption and Waiver of Notice – Chester Bird Post 523 – Sons of the
American Legion
13
D. Boards, Commissions, and Task Forces:
1. Board/Commission Appointments 14
2. Appointments to the Business Advisory Committee and the Community Advisory
Committee
15
E. Bids, Quotes and Contracts:
1. Approve Agreement for Medley Park Storm Water Project with Peterson
Companies, Inc.
16-21
2. Approve Affordable Housing Performance Agreement and Affordable Housing Plan
for the Development of Artessa Cooperative
22-63
F. Grants and Donations:
1. Adopt Resolutions No. 22-076, No. 22-077, No. 22-078, No. 22-079, and Approve
TBRA and DEED Funding Disbursal Agreements
64-138
G. Adopt Resolution No. 22-080 Approving Final Plat for Artessa Golden Valley 139-141
H. Approve Setting the Hearing Date for the Proposed Property Tax Levy Payable 2023 and
2023-2024 Budget on Tuesday, December 6, 2022, at 6:30 p.m.
142
4. Public Hearing
5. Old Business
6. New Business
All Ordinances and Resolutions listed under this heading are eligible for public input.
A. Receive Public Input and Approve Resolution No. 22-081 Adopting the Proposed 2023-
2024 Budget and Proposed Tax Levies Payable in 2023 and Resolution No. 22-082
Consenting to the Proposed 2023 Housing and Redevelopment Levy
143-152
B. Second Consideration of Ordinance No. 744 – Amending the Master Fee Schedule for the
Addition of a Grant Administration Fee and Resolution No. 22-083 Authorizing Summary
Publication of the Ordinance
153-155
C. Review of Council Calendar 156
D. Mayor and Council Communications
7. Adjournment
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
1. D. Proclamation Recognizing National Police Woman Day – September 12
Prepared By
Virgil Green, Police Chief
Summary
National Police Woman Day was observed on September 12, 2022. This annual observance pays special
recognition to women law enforcement officers who serve and protect the community with courage,
dedication, and dignity.
The women officers of the Golden Valley Police Department have chosen the profession of law
enforcement and have made the decision to safeguard the rights and freedoms of all members of the
community. For this reason, we publicly salute the service of women law enforcement officers in
Golden Valley and communities across the nation.
Financial Or Budget Considerations
N/A
Supporting Documents
• Proclamation Recognizing National Police Woman Day (1 page)
CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING NATIONAL POLICE WOMAN DAY
SEPTEMBER 12, 2022
WHEREAS, National Police Woman Day is celebrated each year on September 12. The
day acknowledges and celebrates the contribution of women police officers; and
WHEREAS, the women police officers of the Golden Valley Police Department play an
essential role in safeguarding the rights and freedoms of all members of the community; and
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of
our law enforcement agency recognize their duty to serve the people by safeguarding life and
property, by protecting them against violence and disorder, and by protecting the innocent
against deception and the weak against oppression; and
WHEREAS, we salute all the women police officers who serve our Golden Valley Police
Department and wish a happy National Police Woman Day to all the women who selflessly
serve our citizens of Golden Valley.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley
does hereby proclaim September 12, 2022 as National Police Women Day in the City of Golden
Valley. We call upon all citizens to join in commemorating our women police officers, past and
present, who, by their faithful and loyal devotion to their responsibilities, have rendered a
dedicated service to their communities and have established for themselves an enviable and
enduring reputation for preserving the rights and security of all citizens. The Golden Valley City
Council publicly salutes the service of women law enforcement officers in our community and
in communities across the nation.
IN WITNESS WHEREOF, that I, Shepard M. Harris, Mayor of the City of Golden Valley
have hereunto set my hand and caused the seal of the City to be affixed this 20th day of
September, 2022.
___________________________
Shepard M. Harris, Mayor
SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES
1. Call Closed Session to Order and Roll Call
Mayor Harris called the meeting to order at 4:35 pm.
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director
Santelices, and City Attorney Cisneros
2. Closed Session to Discuss Internal Affairs Data Relating to Allegations of Law Enforcement
Personnel Misconduct
This portion of the meeting was closed as permitted by Minn. Stat. § 13D.05, subd. 2(2) to
discuss internal affairs data relating to allegations of law enforcement personnel misconduct by
Green Espel on behalf of the City.
3. Closed Session to Provide Legal Advice Regarding Pending Litigation Captioned LELS V. City Of
Golden Valley, BMS Case No. 23POAO191
This portion of the meeting was closed as permitted by Minn. Stat. § 13D.05, subd. 3(b) receive
legal advice from the City Attorney and discuss legal strategy regarding pending litigation.
4. Adjournment
The Closed Executive Session was adjourned by unanimous consent at 5:40 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
September 6, 2022 – 4:30 pm
Manager’s Conference Room
Golden Valley City Hall
SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES
1. Call Closed Session to Order and Roll Call
Mayor Harris called the meeting to order at 5:40 pm.
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director
Santelices, and City Attorney Cisneros
Others present: Hannah Felix, LMCIT appointed attorney
2. Closed Session to Provide Legal Advice Regarding Litigation Captioned Howard v. City of
Golden Valley
The executive session was closed as permitted by Minn. Stat. § 13D.05, subd. 3(b) to receive
legal advice and discuss legal strategy regarding a pending human rights complaint and
threatened litigation.
3. Adjournment
The Closed Executive Session was adjourned by unanimous consent at 5:59 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
September 6, 2022 – 4:30 pm
Manager’s Conference Room
Golden Valley City Hall
SPECIAL CITY COUNCIL MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting.
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank
Mayor Harris started the special meeting at 5:30 pm.
1. Commissioner Interviews
The Golden Valley City Council discussed current vacancies and interviewed the following
candidates for appointments to various boards and commissions:
Katrina Cisneros James Heighington
2. Adjournment
The Council adjourned by unanimous consent at 6:20 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa Schyma, City Clerk
September 6, 2022 – 5:30 pm
Council Conference Room
Hybrid Meeting
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=927129&dbid=0&repo=GoldenValley
The check register(s) for approval:
• 09-06-22 Check Register
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. C. 1. Approve General Business Licenses – THC Retail Establishments
Prepared By
Theresa Schyma, City Clerk
Summary
At its September 6, 2022 regular meeting, the Council adopted the final ordinance necessary to begin
the process of accepting applications and issuing licenses for the retail sale of tetrahydrocannabinol
(THC) products. After staff finalized the application materials, the two known THC retail establishments
in Golden Valley and other interested parties were contacted to ensure they were aware of the
process.
The following establishments have applied for THC retail establishment licenses. All THC licenses issued
shall be valid for one calendar year from the date of issue. The following applicants have met the
majority of the City Code requirements for the approval of their licenses and staff is recommending
approval contingent upon the completion of a successful background investigation.
License Applicant Address License Expiration
Discover CBD of MN 8000 Olson Memorial Highway September 20, 2023
Down in the Valley 8020 Olson Memorial Highway September 20, 2023
Financial Or Budget Considerations
Fees received for licenses help to defray costs the City incurs to administer license requirements. All
license fees have been received.
Recommended Action
Motion to approve the issuance of THC retail establishment licenses for the applicants listed above for
the license period of one calendar year from the date of issue.
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. C. 2. On-Sale Liquor License – Game Show Battle Rooms, 8836 7th Avenue North
Prepared By
Theresa Schyma, City Clerk
Summary
At the June 21 City Council Meeting, Game Show Battle Rooms, 8836 7th Avenue North, received local
approval for an On-Sale Beer and Wine License. After review and consultation with the business owner
and the State’s Alcohol and Gambling Enforcement Division, it has been determined that the more
appropriate license for this business would be an On-Sale Liquor License.
The original application materials that were received and the background investigation conducted by
the Police Department are still current. After Council approval, the City Clerk will forward the updated
form to the Minnesota Alcohol Gambling Enforcement Division to complete processing. The updated
license would keep the original expiration date of June 30, 2023.
Financial Or Budget Considerations
Fees received for liquor licenses help to defray costs the City incurs to administer license requirements.
The updated license will not be issued until the additional fees have been received.
Recommended Action
Motion to approve the issuance of an On-Sale Liquor License to Game Show Battle Rooms, 8836 7th
Avenue North.
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. C. 3. Grant Local Approval for a Gambling Premises Permit for the Lions of Crystal at New Bohemia
Wurst & Bierhaus, Resolution No. 22-084
Prepared By
Theresa Schyma, City Clerk
Summary
The Lions of Crystal have submitted a request for local approval for a gambling premises permit to
conduct lawful gambling within city limits at New Bohemia Wurst & Bierhaus, 8040 Olson Memorial
Highway. Previously the Lions of Crystal were conducting lawful gambling at Schuller’s Tavern but
ended their activities at the location in May 2022. No other organization is currently conducting
gambling at New Bohemia so only one organization will be conducting gambling at this site.
As per State Statute organizations that would like to conduct ongoing gambling activities throughout
the year at a specific premises must submit a request for local approval by resolution. After receiving
local approval, the Minnesota Gambling Control Board will then be able to consider the application for
a gambling premises permit within the City limits.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to approve Resolution No. 22-084 granting local approval for a Gambling Premises Permit for
the Lions of Crystal to conduct lawful gambling at New Bohemia Wurst & Bierhaus, 8040 Olson
Memorial Highway.
Supporting Documents
• Resolution No. 22-084 Approving a Premises Permit for the Lions of Crystal to Conduct Lawful
Gambling at New Bohemia Wurst & Bierhaus (1 page)
RESOLUTION NO. 22-084
RESOLUTION APPROVING PREMISES PERMIT FOR THE LIONS OF CRYSTAL
TO CONDUCT LAWFUL GAMBLING AT NEW BOHEMIA WURST & BIERHAUS
WHEREAS, pursuant to Minnesota Statutes Chapter 349, the State regulates and
licenses lawful gambling within the State; and
WHEREAS, local approval by resolution is required for a gambling premises
located within city limits in order for the Minnesota Gambling Control Board to issue a
premises permit; and
WHEREAS, the Lions of Crystal has submitted a request for local approval for a
gambling premises permit to conduct lawful gambling within city limits; and
WHEREAS, the gambling premises will be located at New Bohemia Wurst &
Bierhaus, 8040 Olson Memorial Highway, Golden Valley, MN 55427 and no other
organization will be conducting gambling at this site.
NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden
Valley does hereby grant local approval for a Gambling Premises Permit for the Lions of
Crystal to conduct lawful gambling at New Bohemia Wurst & Bierhaus, 8040 Olson
Memorial Highway, Golden Valley, MN 55427.
Adopted by the City Council of Golden Valley, Minnesota this 20th day of September 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. C. 4. Gambling License Exemption and Waiver of Notice Requirement – Sons of the American Legion
Post 523
Prepared By
Theresa Schyma, City Clerk
Summary
The Sons of the American Legion Post 523 have applied for a Gambling License Exemption to conduct
gambling (bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive
North, on October 28, 2022.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-
day waiting period.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Sons of the American Legion Post 523 to conduct gambling (bingo and raffle) for
an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on October 28, 2022
Supporting Documents
N/A
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. D. 1. Board/Commission Appointments
Prepared By
Tara Olmo, Assistant to the City Manager´s Office
Summary
The City Council has recently conducted several interviews to fill vacancies on several commissions.
During the special meeting held Tuesday, September 20, 2022, the Council discussed and considered
those applicants for appointments various boards and commissions.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to appoint commissioners to fill current vacancies on various boards and commissions.
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. D. 2. Appoint Commissioners to the BAC and CAC
Prepared By
Tara Olmo, Assistant to the City Manager´s Office
Summary
During the special meeting held Tuesday, September 20, 2022, the Council discussed and considered
two applicants for the current vacancies on the Business Advisory Committee and the Community
Advisory Committee.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to appoint commissioners to the BAC and CAC.
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. E. 1. Award Medley Park Stormwater Improvement Project No. 20-26
Prepared By
Jeff Oliver, PE, City Engineer
Eric Eckman, Environmental Resources Supervisor
Summary
In September of 2021, the City Council approved a cooperative agreement with the Bassett Creek
Watershed Management Commission (BCWMC) and a professional services agreement with Barr
Engineering Co to design and construct the Medley Park Stormwater Improvement Project. The
project includes water quality treatment, flood risk reduction, and habitat improvements that will
benefit the Medley Park area and the surrounding watershed including Medicine Lake.
In order to meet the City’s equity goals and complete work in the most efficient and cost-effective
manner, the project has been separated into two smaller contracts – one for construction, and one for
restoration and vegetation establishment.
The construction project was advertised for bids in August. Bids for the Medley Park Stormwater
Improvement Project No. 20-26 were opened virtually on September 8, 2022. The following bids were
received:
Contractor Base Bid
PETERSON COMPANIES $ 984,184.34
MINGER CONSTRUCTION $1,085,000.00
RACHEL CONTRACTING LLC $1,140,069.00
HENTGES, SM & SONS $1,169,375.05
VEIT & COMPANY $1,188,146.80
NEW LOOK CONTRACTING $1,232,300.50
MEYER CONTRACTING $1,348,318.22
SUNRAM CONSTRUCTION $1,421,789.00
Low Bid: Peterson Companies: $984,184.34
Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the
construction contract to Peterson Companies for the base bid amount of $984,184.34. Construction is
expected to begin in November 2022 and be completed in spring 2023.
City Council Regular Meeting Executive Summary
City of Golden Valley
September 20, 2022
2
The restoration project will be advertised for bids in winter 2023. Native seeding and planting will
occur after construction is complete in spring 2023. Vegetation establishment and management will
continue for three growing seasons following planting.
Financial or Budget Considerations
Funding for this project is included in the CIP Stormwater sections SS-23 and SS-49 and Park
Improvement sections P-002 and P-037. Project expenses include administration, legal, feasibility
study, engineering/design, environmental oversight, construction observation, construction, and
restoration. According to the cooperative agreement, the BCWMC will reimburse the City up to
$1,500,000 of the estimated $2,000,000 project, leaving the City with approximately $500,000 in
project expenses.
The funding sources for the City’s contribution follow:
SS-23 $300,000
SS-49 $150,000
P-002 $25,000 (the remaining $95,000 from this fund will be utilized in the SEA-Wildwood project)
P-037 $25,000
Recommended Actions
• Motion to authorize the Mayor and City Manager to execute a construction agreement with
Peterson Companies in the form approved by the City Attorney for the Medley Park
Stormwater Improvement Project No. 20-26 in the amount of $984,184.34.
Support Documents
• Location map (1 page)
• Contract with Peterson Companies (3 pages)
ProposedProjectBoundary
Medley ParkMendelssohnLnNMedicine Lake Rd
Medley Rd
M e n delss
ohnLnNMayfa i r Rd
TamarinTrTamarin T rKings ValleyRd
EnsignC irKings Valley
Rd
EFlagAveNHillsboro Ave NMendel ssohnLnNDuluth St
S
t
rod
enCi
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23rd Ave NEnsignAveNMedley Ln
KilmerLaNElgin PlEnglishCirMarquis
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DuluthSt EnsignAveNKingsVa
lleyRd WUS Hwy 169US Hwy 169HillsboroAveNFlag Ave NMedley Cir DecaturAveNMendelssohn A v e N
MedleyParkPond
JFB NWPond
Medley P ark ProjectLocation Map
FC - 1
AGREEMENT FOR MEDLEY PARK STORMWATER IMPROVEMENT
PROJECT NO. 20-26
THIS AGREEMENT (this “Agreement”), entered into this 20th day of September 2022
between the City of Golden Valley (the “City”), a municipal corporation, existing under
the laws of the State of Minnesota, and Peterson Companies, Incorporated, a
corporation under the laws of Minnesota (“Contractor”).
ARTICLE 1. The Contract Documents. The Contract Documents consist of this
Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General
Conditions, Special Conditions and any supplementary conditions, drawings, plans,
Specifications, addenda issued prior to execution of this Agreement, other documents
listed herein or in any of the foregoing documents, and Modifications of the same issued
after execution of this Agreement (collectively the “Contract” or “Contract Documents”).
A Modification is (1) a written amendment to the Contract signed by both parties, (2) a
Change Order, (3) a Construction Change Directive, or (4) a written order for a minor
change in the Work issued by the Engineer.
In the event of a conflict among the various provisions of the Contract Documents, the
terms shall be interpreted in the following order of priority:
1. Modifications to the Contract
2. This Agreement
3. Special Conditions
4. General Conditions
Drawings shall control over Specifications, and detail in drawings shall control over
large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined
elsewhere in the Contract Documents, shall have the meaning set forth in the Contract
Documents.
ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency
of which is hereby acknowledged, covenants and agrees to furnish all materials, all
necessary tools and equipment, and to do and perform all work and labor necessary for
Medley Park Stormwater Improvement (20-26) (the “Project”) according to the Plans
and Specifications and all of the Contract Documents.
Contractor shall commence and conclude the Work in accordance with the Contract
Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall
complete the Work in accordance with the time schedule for commencement and
completion of the Work set forth in the Contract Documents. Contractor shall complete
the Work in every respect to the satisfaction and approval of the City.
FC - 2
ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in
current funds for the Contractor’s performance of the Contract. The Contract Price shall
be $984,184.34, subject to additions and deductions as provided in the Contract
Documents.
Installment payments, if any, on account of the Work shall be made in accordance with
the provisions of the General Conditions. Final payment shall be due and payable on or
before thirty (30) days after issuance of a Certificate of Final Completion issued by the
City Engineer confirming that the Work has been fully completed and Contractor’s
obligations fully performed by Contractor.
ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute, and deliver to the
City corporate surety bonds in a form approved by the City, in the sum of $984,184.34
for the use of the City and of all persons furnishing labor, skill, tools, machinery or
materials to the Project. Said bonds shall secure the faithful performance and payment
of the Contract by the Contractor and shall be conditioned as required by law. This
Agreement shall not become effective unless and until said bonds have been received
and approved by the City.
ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall
be the sole and final judge of the fitness of the Work and its acceptability.
ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an
account of the labor and materials used in the execution of the Work as is possible and
shall submit and make this information available as maybe requested by the City.
ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order
of Peterson Companies, Incorporated, and the City does not assume and shall not have
any responsibility for the allocation of payments or obligations of the Contractor to third
parties.
ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without
liability, to cancel the award of the Contract at any time before the execution of the
Contract by all parties.
ARTICLE 10. Termination. The City may by written notice terminate the Contract, or
any portion thereof, when (1) it is deemed in the best public, state or national interest to
do so; (2) the City is unable to adequately fund payment for the Contract because of
changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons
beyond Contractor’s control, Contractor is prevented from proceeding with or
completing the Work within a reasonable time.
In the event that any Work is terminated under the provisions hereof, all completed
items or units of Work will be paid for at Contract Bid Prices. Payment for partially
completed items or units of Work will be made in accordance with the Contract
Documents.
FC - 3
Termination of the Contract or any portion thereof shall not relieve Contractor of
responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their
obligations for and concerning any just claims arising out of the Work.
IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed
on their respective behalves by their duly authorized offices and their corporate seals to
be hereunto affixed the day and year first above written.
THE CITY OF GOLDEN VALLEY, MINNESOTA
BY
Shepard M. Harris, Mayor
BY
Timothy J. Cruikshank, City Manager
CONTRACTOR: PETERSON COMPANIES, INCORPORATED
BY
Jonathan M. Peterson
ITS President and Treasurer
Golden Valley Council Meeting
September 20, 2022
Agenda Item
3. E. 2. Approve Affordable Housing Performance Agreement and Affordable Housing Plan for the
Development of Artessa Cooperative
Prepared By
Cherie Shoquist, Housing and Economic Development Manager
Jason Zimmerman, Planning Manager
Summary
The City recognizes the need to provide affordable housing to households of a broad range of income levels in
order to maintain a diverse population and to provide housing for those who live or work in the City. On March 6,
2018, the Mixed-Income Housing Policy was adopted into Ordinance No. 631, 2nd Series an Ordinance
Amending the City Code. The Mixed-Income Housing Policy requirements are incorporated into the Affordable
Housing Performance Agreement and include the Affordable Housing Plan. Artessa Cooperative is the first
project to seek approval under the Mixed-Income Housing Policy.
Background
Artessa Cooperative at Golden Valley, located at 6650 Country Club Drive, will be developed by Lifestyle
Communities. The land for the project was subdivided from the larger Golden Valley Country Club driving
range and needed to be rezoned to allow for residential use. All for-sale residential developments that add or
create ten or more units trigger the requirements of the Mixed-Income Housing Policy.
Artessa is a mixed use multifamily development with 78 units; 9 will be affordable at 80% of Area Median
Income and 69 will be market rate. The unit mix includes 14 1-Bedroom plus Den units, 15 2-Bedroom
units, and 49 3-Bedroom plus Den units. The 9 affordable units are comprised of 1 1-Bedroom Unit and 8 1-
Bedroom plus Den units. All units include 2-Baths. Parking includes 128 indoor parking spaces and 34
surface spaces. Amenities include a great room, wellness studio, entertainment suite, theatre, patio,
rooftop deck, business center, hospitality suite and 2 guest suites. The project is located on Country Club
Drive adjacent to the Luce Line trail with convenient access from Highway 55 and to downtown Golden
Valley. Construction is expected to begin in the winter of 2022 and to be completed and initial occupancy in
late spring of 2024. The total development cost is approximately $42.3 million.
Council Meeting Executive Summary
City of Golden Valley
September 20, 2022
2
Performance Agreement
The Performance Agreement is based on the Affordable Housing Plan and includes:
1. The location, number, type, and size of affordable housing units to be constructed: The 9 1-Bedroom plus
Den affordable housing units range in size from 1,008-1,012 square feet, and are located on every level of
the development.
2. Sales terms and occupancy requirements: The 9 units will be affordable at 80% of Area Median Income
($94,600 for a family of four in 2022) for 40 years and include requirements to maintain affordability if the
units are sold within the affordability period.
3. A timetable for completion of the units: Construction is expected to be complete within 14-16 months of
construction start.
4. Restrictions to be placed on the units to ensure their affordability: A Declaration of Affordable Housing
Covenants is an attachment of the Performance Agreement and will be recorded with the title.
5. Any additional terms the City may require: No additional terms are required as there is no request for
public assistance for this development.
Affordable Housing Plan
Policy Requirement Plan Met
Affordable Units All for-sale residential developments
that add or create ten or more units.
At least 10% of the units must be
affordable to households with
incomes at or below 80% of Area
Median Income
More than 10% of the units must be
affordable to households with income
at or below 80% of Area Median
Income
Yes
Calculation of Units 8 affordable units 9 affordable units Yes
Period of Affordability At least twenty (20) years Forty (40) years Yes
Location of Units Within the development Within the development Yes
Construction of Units Concurrent with construction of
market rate units
Concurrent with construction of marke
rate units
Yes
Size and Design of Unit Consistent with and comparable to
market rate units in the same
development
Consistent with and comparable to
market rate units in the same
development
Yes
Exterior/Interior
Appearance
Indistinguishable in style and quality
from the market rate units in the sam
development
Indistinguishable in style and quality
from the market rate units in the same
development
Yes
Distribution of Units Incorporated into the overall project Incorporated into the overall project
and on every level of the development
Yes
Home Buyers If a home is resold during the period
of affordability, it shall be resold at a
price that is affordable for household
at eighty percent (80%) of AMI
If a home is resold during the period o
affordability, it shall be resold at a pric
that is affordable for households at
eighty percent (80%) of AMI
Yes
Council Meeting Executive Summary
City of Golden Valley
September 20, 2022
3
Incentives for Affordable Housing Development
The developer has requested no incentives such as a reduction in parking requirements, density bonus, or fee
waivers for the development. There is no public assistance or public financing in this development.
Financial Or Budget Considerations
NA
Recommended Action
Motion to approve the Affordable Housing Performance Agreement and Affordable Housing Plan for the
Development of Artessa Cooperative in a form approved by the City Attorney.
Supporting Documents
Affordable Housing Performance Agreement (39 pages)
1
AFFORDABLE HOUSING PERFORMANCE AGREEMENT
FOR DEVELOPMENT OF ARTESSA COOPERATIVE
6650 COUNTRY CLUB DRIVE / PROPERTY ID _______________
THIS AFFORDABLE HOUSING PERFOMANCE AGREEMENT is made this September 20, 2022 (“Effective
Date”) by and between Artessa Development, LLC a State limited liability company with its principal
office located at 4938 Lincoln Drive, Edina, MN 55436 (“Developer”), and the City of Golden Valley,
Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN
55427 (the “City”).
WHEREAS, Developer is the fee owner of certain real property situated in the City of Golden Valley,
Hennepin County, Minnesota and legally described as Lot 1, Block 1, ARTESSA GOLDEN VALLEY,
Hennepin County, Minnesota; and
WHEREAS, on September 20, 2022, the City approved Developer’s Final Plat via Resolution No. 22-080
(the “Project”); and
WHEREAS, as a condition of its approval, the City required Developer to comply with the City’s Mixed
Income Housing Policy, which policy requires Developer to enter into this Affordable Housing
Performance Agreement.
NOW, THEREFORE, In consideration of the terms and conditions expressed herein, the City and
Developer agree as follows:
1.Developer shall comply with the City’s Mixed Income Housing Policy, as adopted March 6, 2018,
which policy is attached hereto as Exhibit A (“Mixed Income Housing Policy”) and incorporated
herein.
2.Developer shall construct the Project according to the Affordable Housing Plan dated [date],
which plan is attached hereto as Exhibit B (“Affordable Housing Plan”) and incorporated herein.
3.Developer shall place restrictions on certain affordable units within the Development in the form
of the Declaration of Covenants attached hereto as Exhibit C (“Declaration of Covenants”) and
incorporated herein.
4.Developer shall construct the Project to include affordable units with the characteristics set forth
in the Affordable Housing Plan.
5.Developer shall impose the terms and occupancy requirements set forth in the Affordable
Housing Plan and Declaration of Covenants.
6.Developer shall complete the affordable units according to the following timetable:
[Remainder of page intentionally blank. Signature page follows.]
2
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and
year first written above.
DEVELOPER
By: ___________________________________
Its: ____________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this ____ day of ______________, 2022, by
______________________, the ___________________ of ___________, a __________________ under
the laws of Minnesota, on behalf of the company.
_____________________________________
Notary Public
3
CITY OF GOLDEN VALLEY
_______________________________________
Shepard M. Harris, Mayor
_______________________________________
Timothy J. Cruikshank, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this 20 day of September 2022, by Shepard M. Harris and
Timothy J. Cruikshank, the Mayor and City Manager respectively of the City of Golden Valley, a
Minnesota municipal corporation, on behalf of the City.
_____________________________________
Notary Public
4
EXHIBIT A
CITY OF GOLDEN VALLEY MIXED INCOME HOUSING POLICY
Adopted March 6, 2018
The purpose of this Policy is to meet the City's goal of preserving and promoting economically
diverse housing options in our community by creating high quality housing in Golden Valley for
households with a variety of income levels, ages, and sizes.
The City recognizes the need to provide affordable housing to households of a broad range of
income levels in order to maintain a diverse population and to provide housing for those who live or
work in the City. Without intervention, the trend toward rising housing prices in new developments
will continue. The City is adopting this Policy to encourage development of units that are affordable
to low and moderate income households and working families.
The requirements set forth in this Policy further the housing goals in the City’s Comprehensive Plan
to create and preserve affordable housing opportunities. These requirements are intended to
provide a structure for participation by both the public and private sectors in the production of
affordable housing.
I. Applicability and Minimum Project Size
This Policy applies to:
1. Market rate residential rental developments that add or create ten or more units and
receive approvals under a Conditional Use Permit, Zoning Map Amendment,
Comprehensive Plan Map Amendment, or Planned Unit Development, or that receive
Financial Assistance from the City, subject to all applicable sections of the City Code.
2. All for-sale residential developments that add or create ten or more units.
3. Any residential development for which the developer voluntarily opts in to this Policy.
II. Affordable Dwelling Units
A. General Requirement
A development that is subject to this Policy shall include Affordable Dwelling Units. The minimum
number of Affordable Dwelling Units required shall be determined based on the affordability
standard chosen by the developer according to the criteria set forth in table T-1 below.
5
B. Calculation of Units Required
The number of Affordable Dwelling Units required shall be based on the total number of dwelling
units approved by the City. If the final calculation includes a fraction, the fraction of a unit shall be
rounded up to the nearest whole number.
If an occupied property with existing dwelling units is expanded, the number of required Affordable
Dwelling Units shall be based on the total number of units following completion of expansion.
C. Calculation of Area Median Income (“AMI”)
For purposes of this Policy, Area Median Income means the Area Median Income calculated
annually by Minnesota Housing for establishing rent limits for the Housing Tax Credit Program.
D. Rent Level Calculation
The monthly rental price for Affordable Dwelling Units shall include rent and utility costs and shall
be based on the AMI for the metropolitan area that includes Golden Valley adjusted for bedroom
size.
E. Period of Affordability
All Affordable Dwelling Units shall remain affordable for at least twenty (20) years.
F. Location of Affordable Dwelling Units
Except as otherwise specifically authorized under this Policy, all Affordable Dwelling Units shall be
located within the development.
G. Phased Development
6
Construction of Affordable Dwelling Units shall be concurrent with construction of market rate
dwelling units. For projects in which a development is to be constructed in multiple phases, each
phase shall consist of at least ten percent (10%) Affordable Dwelling Units.
Notwithstanding the foregoing, the total number of Affordable Dwelling Units in the completed
project shall comply with the requirements of section II(A) above.
III. Standards for Affordable Dwelling Units
A. Size and Design of Affordable Units
The size and design of Affordable Dwelling Units need not be identical to that of market rate units,
but must be consistent with and comparable to market rate units in the same development. The
size and design of Affordable Dwelling Units, including bedroom count and accessibility, shall be
approved by the City.
B. Exterior/Interior appearance
The exterior materials and design of Affordable Dwelling Units shall be indistinguishable in style and
quality from the market rate units in the same development. The interior finish and quality of
construction of Affordable Dwelling Units shall at a minimum be comparable to entry level rental or
ownership housing in the City.
IV. Integration of Affordable Dwelling Units
A. Distribution of Affordable Housing Units
Affordable Dwelling Units shall be incorporated into the overall project and shall not be separated
from market rate units unless expressly allowed to be located in a separate building or a different
location under section V of this Policy.
B. Tenants
Affordable Dwelling Units in rental projects shall be rented only to income eligible families during
the period of affordability. An income eligible family may remain in the Affordable Dwelling Unit for
additional rental periods as long as the income of the family does not exceed one-hundred twenty
percent (120%) of AMI.
C. Home Buyers
For-sale Affordable Dwelling Units shall be sold only to income eligible families during the period of
affordability. If a home is resold during the period of affordability, it shall be resold at a price that is
affordable for households at eighty percent (80%) of AMI.
V. Alternatives to On-Site Development of Affordable Dwelling Units
7
The City may approve one or more of the following alternatives to providing Affordable Dwelling
Units at a location other than the project location (“Off-site Affordable Dwelling Units”).
1. Dedication of Existing Units: Creating Off-Site Affordable Dwelling Units by restricting
existing dwelling units through covenants, contractual arrangements, or resale
restrictions. The City shall determine whether the proposed units are suitable for
affordable housing and whether the form and content of such restrictions comply with
this Policy. Off-site Affordable Dwelling Units shall be located within the City. The
restriction of such existing units must result in the creation of units that are of
equivalent quality and size of the Affordable Dwelling Units which would have been
constructed on-site if this alternative had not been utilized.
2. An alternative proposed by the applicant that directly provides or enables the provision
of Affordable Dwelling Units within the City. The alternative must be approved by the
City and made a condition of approval of the Affordable Housing Performance
Agreement.
All alternatives must be approved by the City Council and agreed to by the applicant in the
Affordable Housing Performance Agreement. The applicant must show evidence acceptable to the
City that a formal commitment to the proposed alternative is in place.
The City shall not approve an alternative unless the applicant demonstrates:
1. The alternative provides an equivalent or greater amount of Affordable Dwelling Units
in a way that the City determines better achieves the goals, objectives and policies of
the City’s housing goals in the Comprehensive Plan than providing them onsite; and
2. The alternative will not cause the City to incur any net cost as a result of the alternative
compliance mechanism.
VI. Incentives for Developers
The City may provide incentives to participating developments in the form of exceptions from the
underlying zoning codes. These incentives may include:
1. Rental developments:
A. A minimum of a thirty-three percent (33%) reduction in required parking spaces
B. A minimum of a ten percent (10%) density bonus
2. For-sale developments: Impact fee waivers for Affordable Dwelling Units.
VII. Non-Discrimination Based on Rent Subsidies:
Developments covered by this Policy must not discriminate against tenants who would pay their
rent with federal, state or local public assistance, or tenant based federal, state or local subsidies,
including, but not limited to rental assistance, rent supplements, and Housing Choice Vouchers.
8
VIII. Affordable Housing Plan
A. Applicability
Developments that are subject to this Policy shall prepare and submit an Affordable Housing Plan to
the City.
B. Approval
The Affordable Housing Plan shall be approved by the City. Minor modifications to the plan shall be
subject to approval by the City Manager. Major modifications shall be subject to approval by the
City Council. Items shall be designated as major or minor in the Affordable Housing Plan.
C. Contents
The Affordable Housing Plan shall include at least the following:
1. General information about the nature and scope of the development.
2. The total number of market rate units and Affordable Dwelling Units in the development.
3. The floor plans for the Affordable Dwelling Units showing the number of bedrooms and
bathrooms in each unit.
4. The approximate square footage of each Affordable Dwelling Unit and average square foot
of market rate unit by types.
5. Building floor plans and site plans showing the location of each Affordable Dwelling Unit.
6. A good faith estimate of the price of each Affordable Dwelling Unit. The price of Affordable
Dwelling Units may be adjusted at the time of sale if there has been a change in the median
income or a change in the formulas used in this Policy.
7. The order of completion of market rate and Affordable Dwelling Units.
8. Documentation and specifications regarding the exterior appearance, materials and finishes
of the development for each Affordable Dwelling Unit illustrating that the appearance is
comparable to the appearance of market rate units.
9. An Affordable Dwelling Unit Management Plan setting forth the policies and procedures
that will be used to administer the Affordable Dwelling Units in accordance with the
Affordable Housing Performance Agreement and this Policy.
10. For requests to an alternative to on-site provision of affordable housing, evidence that the
proposed alternative will further affordable housing opportunities in the City to an
equivalent or greater extent than compliance with the otherwise applicable on-site
requirements of this Policy, and evidence that the alternative will not cause the City to incur
any net cost as a result of the alternative compliance mechanism.
11. Any and all other information that the City may require to verify compliance with this Policy.
9
IX. Recorded Agreements, Conditions and Restrictions
An Affordable Housing Performance Agreement (the “Performance Agreement”) shall be executed
between the City and the developer in a form approved by the City Attorney. The Performance
Agreement shall be based on the Affordable Housing Plan described in Section VII and shall include:
A. the location, number, type, and size of affordable housing units to be constructed;
B. sales and/or rental terms; occupancy requirements;
C. a timetable for completion of the units;
D. restrictions to be placed on the units to ensure their affordability; and
E. any additional terms the City may require.
The applicant shall execute any and all documents deemed necessary by the City, including, without
limitation, restrictive covenants and other related instruments, to ensure the affordability of the
Affordable Dwelling Units in accordance with this Policy.
The applicant shall prepare and record all documents, restrictions, easements, covenants, and/or
agreements that are specified by the City as conditions of approval of the application prior to
issuance of a Building Permit for any development subject to this Policy. Such Documents shall be
recorded in the office of the Hennepin County Recorder or Registrar of Titles, as applicable.
X. Definitions
Affordable Dwelling Unit: A dwelling unit within a residential project subject to this Policy that
meets the applicable affordability standards in Table T-1.
Financial Assistance: Funds derived from the City, including but is not limited to funds from the
following sources:
A. The City of Golden Valley
B. Housing and Urban Development (HUD), Minnesota Housing Finance Agency (MHFA),
Metropolitan Council, and Hennepin County loan and grant programs, such as:
i. Community Development Block Grant (CDBG)
ii. HOME Investment Partnerships Program
iii. Affordable Housing Incentive Fund (AHIF)
iv. Transit-Oriented Development (TOD)
v. Tax Base Revitalization Account (TBRA)
vi. Livable Communities Demonstration Account (LCDA)
vii. Local Housing Incentives Account (LHIA)
10
C. Tax Increment Financing (TIF) & Tax Abatement
D. Housing and Redevelopment Authority (HRA) Funds
E. Land Write-downs
Affordable Housing Plan: A plan that documents policies and procedures for administering the
Affordable Dwelling Units in accordance with the Affordable Housing Performance
Agreement.
Affordable Housing Performance Agreement: An Agreement between the City and the developer
that formally sets forth development approval and requirements to achieve Affordable Housing in
accordance with this Policy.
11
EXHIBIT B
ARTESSA COOPERATIVE AFFORDABLE HOUSING PLAN
Dated September 20, 2022
Affordable Housing Plan Page 1 of 4
Golden Valley’s Affordable Housing Plan documents a developer’s commitment to meet the requirements of the City’s Mixed
Income Housing Policy, which strives to create, preserve, and promote affordable housing opportunities as outlined in the City’s
Comprehensive Plan. The goal is to develop high-quality, economically diverse housing options in the community for a variety of
household income levels, ages, and sizes. Upon approval, the completed plan will be included in the developer’s Affordable Housing
Performance Agreement with the City. Minor modifications to the plan will be subject to approval by the City Manager, and major
modifications will be subject to approval by the City Council.
The Affordable Housing Plan applies to the following:
Market rate residential rental developments that add or create 10 or more units and receive approvals under a:
Conditional Use Permit Zoning Map Amendment Comprehensive Plan Map Amendment Planned Unit Development
Market rate residential rental developments that add or create 10 or more units and receive financial assistance from the City
All for-sale residential developments that add or create 10 or more units
Any residential development for which the developer voluntarily opts into this Policy
Contact Information
Development name Developer/Contact name
Development address (street name)
Contact address (street, city, state, zip)
Contact email Contact phone
Project Summary (please fill in blanks for your proposed development)
Multifamily Single Family
Check all that apply.
Construction Rehabilitation Preservation
Check all that apply.
Construction Rehabilitation Combined (both)
Rental Ownership Combined rental/ownership Rental Ownership Combined rental/ownership
Total Development Cost: $_________________________Total Development Cost: $_________________________
Total number of units: ____
Market rate units: _____
Units affordable at ___% AMI: ________
Mix of homes:
Total number of homes: ____ Market rate units: _____
Affordable at ___% AMI: ________
Mix of bedroom sizes: _____ Studio _____ 1-bedroom
_____2-bedroom _____ 3-bedroom
Mix of bedroom sizes per home: _____ Studio _____
1-bedroom _____2-bedroom _____ 3-bedroom
Parking spaces: _____ underground/indoor _____ surface Parking spaces: _____ enclosed garage _____ surface
Amenities: Amenities:
Location and other benefits: Location and other benefits:
Request for public assistance: Request for public assistance:
Submit the following documents to:
Design schematics to the Planning Department at planning@goldenvalleymn.gov.
Site rendering (jpg) to Cherie Shoquist at cshoquist@goldenvalleymn.gov.
Physical Development | 7800 Golden Valley Road, Golden Valley, MN 55427
763-593-8095 | TTY: 763-593-3968 | www.goldenvalleymn.gov
continued
Affordable Units
Minimum Requirements
The number of affordable units required will be based on the total number of dwelling
units approved by the City. If the final calculation includes a fraction, it will be rounded up
to the nearest whole number.
If an occupied property with existing dwelling units is expanded, the number of required
affordable units will be based on the total number of units after expansion is completed.
Rental Developments
15 percent affordable at 60 percent AMI
10 percent affordable at 50 percent AMI
For-Sale Developments
10 percent affordable at 80 percent AMI
Calculations
The monthly rental price for affordable units will include rent and utility costs. It is based on the Area Median Income (AMI) for the metropoli-
tan area that includes Golden Valley, adjusted for bedroom size. AMI is calculated annually by Minnesota Housing to establish rent limits for
the Housing Tax Credit Program.
Development Plans
Site plans, including floor plans and specifications are attached
Affordable units are incorporated into the overall project and not separated from market rate units
unless expressly allowed and summarized as follows: _______________________________________________________
Summarize:
Number of bedrooms and bathrooms in market rate units and affordable units:_____________________________________
Location of market rate and affordable units:________________________________________________________________
Exterior appearance, materials, and finishes of affordable units compared to market rate units: _________________________________
____________________________________________________________________________________________________________
Summarize phasing of the development, including order of completion of market rate and affordable units:
Expected construction start date:
________________________________
Expected construction completion date:
________________________________
Expected date leasing will begin:
________________________________
AFFORDABLE HOUSING PLAN Page 2 of 4
continued
Type 30% AMI 50% AMI 60% AMI 80% AMI Market Rent Sq Ft $/Sq Ft $/Unit
Studio
1 Br
2 Br
3 Br
4 Br
TOTAL
AFFORDABLE HOUSING PLAN Page 3 of 4
Management Plans
Summarize the management plan setting forth the policies and procedures that will be used to administer the affordable units in accor-
dance with the Affordable Housing Performance Agreement and the Mixed Income Housing Policy:
Management plan is attached
Will households with US Department of Housing and Urban Development (HUD) Housing Choice Voucher rent assistance be considered
for tenancy in rental development?
Yes No
Outline methods to be used to market the affordable units:
Marketing plan is attached
Period of Affordability
Rental For Sale
Affordable units shall be rented only to income-eligible families during the period of affordability. An income-eligible family may
remain in the affordable unit for additional rental periods as long as the family income does not exceed 120 percent of AMI.
Affordable units shall be sold only to income-eligible families during the period of affordability. If a home is resold during the
period of affordability, it shall be resold at a price that is afford-able for households at 80 percent of AMI.
Period of affordability in years: __________________ Period of affordability in years: __________________
Affordability Alternatives
The City may approve one or more of the following alternatives to providing affordable units at a location other than the project location:
Create off-site affordable units by restricting existing dwelling units through covenants, contractual arrangements, or resale restric-tions. The City shall determine whether the proposed units are suitable for affordable housing and whether the form and content of such restrictions comply with this Policy. Off-site affordable units shall be located within the City and be equivalent in quality and size to the affordable units that would have been constructed on-site.
Propose an alternative that directly provides or enables provision of affordable units within the City. The alternative must be ap-proved by the City and made a condition of approval of the Affordable Housing Performance Agreement.
Incentives
The City may provide incentives to participating developments in the form of exceptions from the underlying zoning codes. For rental developments, incentives may include:
a minimum of a 33 percent reduction in required parking spaces a minimum of a 10 percent density bonus.
continued
Funding Resources
The City and its funding partners may be responsive to requests for financial assistance.
Sources & Uses
Signature
Upon submittal, the Physical Development Department will determine if the Affordable Housing Plan is complete and conforms to the provi-sions of the Mixed Income Housing Policy. The Developer will receive written comments on its Affordable Housing Plan.
Developer agrees to provide all other information the City may require to verify compliance with the Mixed Income Housing Policy.
Signature
X __________________________________________________________________________
Date
SOURCES USES
Site acquisition $__________Debt $__________
Construction/Rehab $__________Equity $__________
Soft costs $__________Grants $__________
Development fees $__________Other $__________
Financing fees $__________$__________
TOTAL $__________TOTAL $__________
This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to
make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc.
6/22
AFFORDABLE HOUSING PLAN Page 4 of 4
Local programs:
City of Golden Valley funds
Golden Valley Housing and Redevelopment Authority (HRA) funds
Tax Increment Financing (TIF)
4D Tax Abatement
Land write-downs
Housing and Urban Development (HUD), Minnesota Housing Finance Agency (MHFA),
Metropolitan Council, and Hennepin County loan and grant programs:
Community Development Block Grant (CDBG)
HOME Investment Partnerships Program
Affordable Housing Incentive Fund (AHIF)
Transit-Oriented Development (TOD)
Tax Base Revitalization Account (TBRA)
Livable Communities Demonstration
Account (LCDA)
Local Housing Incentives Account (LHIA)
Other: __________________________
Minnesota Housing Multifamily Housing Workbook is attached (if applicable).
Staff Use Only
Approved by X__________________________________, City Manager
Date
5/9/2022 2:59:28 PMProject Data
21040 - Unit Schedule (Gross SF - Totals)
Name Artessa Name Unit Type Number Count Area
Unit B1 The Simplicity 1BR + D 1 1,088 ft²
Unit B2 The Bliss 1BR + D 6 1,104 ft²
Unit B3 Type A The Bliss 1BR + D 2 1,104 ft²
Unit B4 The Serendipity 1BR + D 5 1,411 ft²
Unit C1 The Quest 2BR 2 1,347 ft²
Unit C2 Type A The Quest 2BR 2 1,347 ft²
Unit C3 The Wassail 2BR 2 1,405 ft²
Unit C4 The Flourish 2BR 5 1,518 ft²
Unit C5 The Delight 2BR 4 1,558 ft²
Unit D1 The Harmony 2BR + D 16 1,565 ft²
Unit D1.B The Harmony II 2BR + D 4 1,565 ft²
Unit D2 The Jubilee 2BR + D 8 1,640 ft²
Unit D3 The Journey 2BR + D 8 1,668 ft²
Unit D4 The Escapade 2BR + D 2 1,679 ft²
Unit D5 The Moxie 2BR + D 4 1,714 ft²
Unit D6 The Celebration 2BR + D 2 1,736 ft²
Unit D7 The Holiday 2BR + D 4 1,766 ft²
Unit D8 The Enjoyment 2BR + D 1 1,917 ft²
Grand total: 78 78
21040 - Unit Net Area
Name Artessa Name Area
Unit B1 The Simplicity 1,008 ft²
Unit B2 The Bliss 1,012 ft²
Unit B3 Type A The Bliss 1,006 ft²
Unit B4 The Serendipity 1,308 ft²
Unit C1 The Quest 1,247 ft²
Unit C2 Type A The Quest 1,255 ft²
Unit C3 The Wassail 1,322 ft²
Unit C4 The Flourish 1,413 ft²
Unit C5 The Delight 1,452 ft²
Unit D1 The Harmony 1,461 ft²
Unit D1 The Harmony 1,461 ft²
Unit D1.B The Harmony II 1,442 ft²
Unit D2 The Jubilee 1,515 ft²
Unit D3 The Journey 1,551 ft²
Unit D4 The Escapade 1,551 ft²
Unit D5 The Moxie 1,594 ft²
Unit D6 The Celebration 1,628 ft²
Unit D7 The Holiday 1,657 ft²
Unit D8 The Enjoyment 1,802 ft²
21040 - Total Gross Area
Level Area
Level 5 23,520 ft²
Level 4 29,951 ft²
Level 3 31,461 ft²
Level 2 30,711 ft²
Level 1 31,666 ft²
Level -1 34,409 ft²
Level -2 35,067 ft²
Grand total 216,785 ft²
21040 - Parking Schedule
Type Count
Level -2 64
Level -1 62
Surface 34
160
21040 - Unit Schedule (Gross SF - by Flr)
Name Artessa Name Unit Type Count Area
Unit B2 The Bliss 1BR + D 1 1,104 ft²
Unit B3 Type A The Bliss 1BR + D 1 1,104 ft²
Unit B4 The Serendipity 1BR + D 1 1,411 ft²
Unit C1 The Quest 2BR 1 1,347 ft²
Unit C3 The Wassail 2BR 1 1,405 ft²
Unit C4 The Flourish 2BR 1 1,518 ft²
Unit C5 The Delight 2BR 1 1,558 ft²
Unit D1 The Harmony 2BR + D 4 1,565 ft²
Unit D2 The Jubilee 2BR + D 2 1,640 ft²
Unit D3 The Journey 2BR + D 2 1,668 ft²
Unit D5 The Moxie 2BR + D 1 1,714 ft²
Unit D7 The Holiday 2BR + D 1 1,766 ft²
Level 3: 17 17
Unit B2 The Bliss 1BR + D 2 1,104 ft²
Unit B4 The Serendipity 1BR + D 1 1,411 ft²
Unit C2 Type A The Quest 2BR 1 1,347 ft²
Unit C3 The Wassail 2BR 1 1,405 ft²
Unit C4 The Flourish 2BR 1 1,518 ft²
Unit C5 The Delight 2BR 1 1,558 ft²
Unit D1 The Harmony 2BR + D 2 1,565 ft²
Unit D2 The Jubilee 2BR + D 2 1,640 ft²
Unit D3 The Journey 2BR + D 2 1,668 ft²
Unit D5 The Moxie 2BR + D 1 1,714 ft²
Unit D6 The Celebration 2BR + D 1 1,736 ft²
Unit D7 The Holiday 2BR + D 1 1,766 ft²
Level 4: 16 16
Unit B2 The Bliss 1BR + D 1 1,104 ft²
Unit B4 The Serendipity 1BR + D 1 1,411 ft²
Unit C4 The Flourish 2BR 1 1,518 ft²
Unit C5 The Delight 2BR 1 1,558 ft²
Unit D1 The Harmony 2BR + D 2 1,565 ft²
Unit D3 The Journey 2BR + D 1 1,668 ft²
Unit D5 The Moxie 2BR + D 1 1,714 ft²
Unit D6 The Celebration 2BR + D 1 1,736 ft²
Unit D7 The Holiday 2BR + D 1 1,766 ft²
Unit D8 The Enjoyment 2BR + D 1 1,917 ft²
Level 5: 11 11
Grand total: 78 78
21040 - Unit Schedule (Gross SF - by Flr)
Name Artessa Name Unit Type Count Area
Unit D1.B The Harmony II 2BR + D 2 1,565 ft²
Unit D4 The Escapade 2BR + D 1 1,679 ft²
Level -2: 3 3
Unit D1.B The Harmony II 2BR + D 2 1,565 ft²
Unit D4 The Escapade 2BR + D 1 1,679 ft²
Level -1: 3 3
Unit B1 The Simplicity 1BR + D 1 1,088 ft²
Unit B3 Type A The Bliss 1BR + D 1 1,104 ft²
Unit B4 The Serendipity 1BR + D 1 1,411 ft²
Unit C1 The Quest 2BR 1 1,347 ft²
Unit C4 The Flourish 2BR 1 1,518 ft²
Unit D1 The Harmony 2BR + D 4 1,565 ft²
Unit D2 The Jubilee 2BR + D 2 1,640 ft²
Unit D3 The Journey 2BR + D 1 1,668 ft²
Level 1: 12 12
Unit B2 The Bliss 1BR + D 2 1,104 ft²
Unit B4 The Serendipity 1BR + D 1 1,411 ft²
Unit C2 Type A The Quest 2BR 1 1,347 ft²
Unit C4 The Flourish 2BR 1 1,518 ft²
Unit C5 The Delight 2BR 1 1,558 ft²
Unit D1 The Harmony 2BR + D 4 1,565 ft²
Unit D2 The Jubilee 2BR + D 2 1,640 ft²
Unit D3 The Journey 2BR + D 2 1,668 ft²
Unit D5 The Moxie 2BR + D 1 1,714 ft²
Unit D7 The Holiday 2BR + D 1 1,766 ft²
Level 2: 16 16
21040 - Storage Closet Schedule
Level Count
Level 1 15
Level 2 16
Level 3 16
Level 4 16
Level 5 16
Grand total: 79
14
15
15
15
15
74
E
E
Color Key
The Escapade
The Harmony II
MECHANICAL ROOM
ENTRY
THE
MAKERSPACE
GOLF
SIMULATOR
18B
20B
19B
ELEVATOR B
ELEC. CAR
CHARGING
ELEVATOR A
CAR WASH
N
5/9/2022 2:59:32 PMLevel B
Plans are subject to change without notice.
WELLNESS
STUDIO
E
E
Color Key
The Escapade
The Harmony II
ENTRY
18A
20A
19A
SECURED BIKE
STORAGE
ELEC. CAR
CHARGING
ELEVATOR A
ELEVATOR B
CAR WASH
DOG
WASH
N
5/9/2022 2:59:34 PMLevel A
Plans are subject to change without notice.
Color Key
The Bliss
The Flourish
The Harmony
The Journey
The Jubilee
The Quest
The Serendipity
The Simplicity
THE LIVING
ROOM
THE VALLEY
THE
EXCHANGE
THE TERRACE
M A IN E N T R A N C E
E
E
103
104
GUEST
SUITE
THE
GUILD
THE
CAFÉ
PARLOR
THE
THEATRE
THE
SOCIAL
114
118
117
119
120
102
101
113
106
115
ELEVATOR A
ELEVATOR B
RESIDENT
STORAGE (x14)
N
5/9/2022 2:59:35 PMLevel 1
Plans are subject to change without notice.
Color Key
The Bliss
The Delight
The Flourish
The Harmony
The Holiday
The Journey
The Jubilee
The Moxie
The Quest
The Serendipity
E
E
208
210
212
214
220
219
218
217
213
211
201
202
206
THE
STUDY
THE
LOFT
215
203
204
ELEVATOR A
ELEVATOR B
RESIDENT
STORAGE (x15)
N
5/9/2022 2:59:38 PMLevel 2
Plans are subject to change without notice.
Color Key
The Bliss
The Delight
The Flourish
The Harmony
The Holiday
The Journey
The Jubilee
The Moxie
The Quest
The Serendipity
The Wassail
E
E
301
302
304
303
305
308
310
312
311
313
314
317
318
319
320
315
303
ELEVATOR A
ELEVATOR B
RESIDENT
STORAGE (x15)
N
5/9/2022 2:59:39 PMLevel 3
Plans are subject to change without notice.
304
306
Color Key
The Bliss
The Celebration
The Delight
The Flourish
The Harmony
The Holiday
The Journey
The Jubilee
The Moxie
The Quest
The Serendipity
The Wassail
E
E
402
404
405
406
408
410
412
414
411
413
417
418
420
419
415
403
ELEVATOR A
ELEVATOR B
RESIDENT
STORAGE (x15)
N
5/9/2022 2:59:41 PMLevel 4
Plans are subject to change without notice.
Color Key
The Bliss
The Celebration
The Delight
The Enjoyment
The Flourish
The Harmony
The Holiday
The Journey
The Moxie
The Serendipity
SKY DECK
E
E
508
510
512
514
511
513
516
519
520
THE
SKYLINE
515
507
GUEST
SUITE
ELEVATOR A
ELEVATOR B
RESIDENT
STORAGE (x15)
N
5/9/2022 2:59:42 PMLevel 5
Plans are subject to change without notice.
HVAC
CTOP
LINEN
x
M. BATHROOM
6' -8"10' -8"
x
WALK-IN CLO.
8' -6"6' -8"
x
M. BEDROOM
14' -6"13' -1"
x
KITCHEN
14' -3"11' -2"
x
SCREENED BALCONY
9' -4"17' -11"
x
DINING
11' -3"10' -3"
CLOSET
PANTRY
x
LIVING ROOM
10' -3"12' -6"
x
DEN
7' -9"7' -7"
CLOSET
WALKOUT AT UNIT 114
OPTIONAL FIREPLACELAUNDRY
NLEVEL 1
114
0'2'8'4'
Actual dimensions will vary due to construction.
Plans are subject to change without notice.
*Decks are not included in Gross SF
**Deck Includes Walk-Up
5/9/2022 2:59:43 PMThe Simplicity
QTY: 1 114
1,088 SF*
1-BD + DEN, 1-BA
B1
CTOP
LINEN
PANTRY
HVAC
SOFFIT LINE AT ALL TOP FLOOR UNITS
CLOSET
x
M. BEDROOM
13' -0"10' -5"
x
WALK-IN CLO.
3' -10"6' -8"
x
BATHROOM
13' -0"6' -3"
x
LAUNDRY
6' -6"5' -11"
x
KITCHEN
10' -10"13' -0"
x
LIVING ROOM
14' -11"13' -9"
x
DEN
9' -9"10' -0"
x
DINING
9' -5"10' -3"
CLOSET
x
SCREENED BALCONY
9' -4"10' -6"OPTIONAL FIREPLACEOPTIONAL FIREPLACEN
LEVELS 2-5
LEVELS 2 & 4
X06
X12
0'2'8'4'
Actual dimensions will vary due to construction.
Plans are subject to change without notice.
*Decks are not included in Gross SF
**Deck Includes Walk-Up
5/9/2022 2:59:44 PMThe Bliss
1,104 SF*
206
406
1-BD + DEN, 1-BA
212
312
412
512
QTY: 6
B2
x
M. BEDROOM
13' -0"10' -5"
x
LIVING ROOM
14' -11"13' -9"
x
KITCHEN
10' -10"13' -0"
x
DEN
9' -9"10' -0"
x
DINING
9' -5"10' -3"
x
BATHROOM
13' -0"6' -5"
x
WALK-IN CLO.
3' -10"5' -2"
CLOSET
CLOSET
LAUNDRY
x
SCREENED BALCONY
9' -4"10' -6"
HVAC
PANTRY MICRO OPTIONAL FIREPLACENLEVELS 1 & 3
X06
0'2'8'4'
Actual dimensions will vary due to construction.
Plans are subject to change without notice.
*Decks are not included in Gross SF
**Deck Includes Walk-Up
5/9/2022 2:59:45 PMThe Bliss Type A
QTY: 2 106
306
B31,104 SF*
1-BD + DEN, 1-BA
CTOP
LINEN
12
EXHIBIT C
ARTESSA COOPERATIVE DECLARATION OF COVENANTS
DECLARATION OF AFFORDABLE HOUSING COVENANTS
RENTAL AND OWNERSHIP UNITS
By
___________________________________________
in favor of the
CITY OF GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY
Dated as of: _________________, 2022
Relating to the:
Artessa Cooperative at Golden Valley Project
This instrument was drafted by:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
13
THIS MIXED INCOME HOUSING DECLARATION OF AFFORDABLE HOUSING
COVENANTS, is made on or as of the 20th day of September, 2022, by Artessa Development, LLC
(“Developer”), having its offices at 4938 Lincoln Drive, Edina, MN 55436, in favor of the City of Golden
Valley Housing and Redevelopment Authority (“HRA”).
W I T N E S S E T H :
WHEREAS, in accordance with the City’s Mixed Income Housing Policy, Ordinance No. 631 2nd
Series. Developer is obligated to cause this Declaration to be recorded against the property legally
described in Attachment A (the “Property”), imposing the affordability covenants set forth below; and
WHEREAS, Developer wishes to enter into this agreement as required by the City’s
Mixed Income Housing Policy.
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, and
of other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer
agrees as follows:
SECTION 1. Definitions.
The following words, terms and phrases, when used in this Declaration, shall have the meanings
ascribed to them in this section, except where context clearly indicates a different meaning:
AFFORDABILITY PERIOD – A period commencing on the Completion Date and continuing
for 40 years.
AFFORDABLE HOUSING PLAN – The plan prepared by Developer and approved by the HRA
to comply with the Mixed Income Housing Policy.
ANNUAL INCOME – “Annual Income,” as defined at 24 C.F.R. 5.609, which is the definition
used for the “Section 8” program.
AFFORDABLE DWELLING UNITS – Units, and related improvements, in the Project
specifically identified by number of bedrooms in each unit and designated as Affordable
Dwelling Units in the Affordable Housing Plan associated with the Project and approved by the
HRA. Affordable Dwelling Units may be rented (“Affordable Rental Units”) or sold (“Affordable
Ownership Units”) in accordance with the Project’s approved Affordable Housing Plan.
CERTIFYING ENTITY – The HRA or its designated agent that is under contract with the HRA
to provide income verification and compliance monitoring for Affordable Dwelling Units for a
specified fee schedule to be charged directly to the Developer.
CITY – The City of Golden Valley, Minnesota.
COMPLETION DATE – The date when construction of the units upon the Property is completed
and the City has issued a certificate of occupancy for the Project.
COMPLIANCE MANUAL – The Golden Valley HRA Compliance Manual for Owners and
Managers of Affordable Dwelling Units in effect as of the date of this Declaration as modified
from time to time to the extent such modifications are provided in writing to Developer.
14
ELIGIBILITY CERTIFICATION – A Certification of tenant or owner Eligibility substantially
in the form attached hereto as Attachment C or in such other form as may be approved by the
HRA, in which the prospective Qualifying Tenants or Qualifying Owners certify as to Annual
Income.
HOUSEHOLD INCOME LIMITS – The Household Income Limit for Multifamily Tax Subsidy
Projects (MTSP) established annually by the Minnesota Housing Finance Agency (MHFA) for
Hennepin County, adjusted for family size.
HOUSING AND REDEVELOPMENT AUTHORITY (HRA) - The Housing and
Redevelopment Authority in and for the City of Golden Valley.
HUD – The United States Department of Housing and Urban Development.
MIXED INCOME HOUSING PAGE – The City’s web page for inclusionary zoning
information as may be updated or moved from time to time (currently at:
www.goldenvalleymn.gov/708/Housing-Policies).
MIXED INCOME HOUSING POLICY – The City’s policy to include Affordable Dwelling
Units in new rental and ownership development approved pursuant to Ordinance No. 631 2nd
Series, and as may be amended from time to time.
OTHER DOCUMENTS – Any agreement or deed containing covenants, conditions, or
restrictions for the benefit of City or the HRA, including any Development Contract or other
agreement between the HRA and Developer or the City and Developer.
OVER-INCOME HOUSEHOLD – A household that was a Qualifying Tenant at the time
tenancy commenced, but whose income over time exceeds one hundred and forty percent (140%)
of the maximum income allowed for a Qualifying Tenant.
PROJECT – The Property and the Affordable Dwelling Units and related improvements.
PROPERTY – The real property located in Hennepin County, Minnesota, and legally described
on Attachment A attached hereto and incorporated herein.
PURCHASE PRICE LIMIT - For Affordable Ownership Units, an initial and resale purchase
price that is affordable to Qualifying Owners under MTSP affordability limits.
QUALIFYING OWNERS – For ownership units, those persons and households who shall be
certified at the time of purchase by Developer to have Annual Income that does not exceed 80%
of the MTSP Household Income Limit for the applicable calendar year.
QUALIFYING TENANTS – For rental units, those persons and households who shall be
certified from time to time by Developer to have Annual Income that does not exceed the
designated 50% or 60% MTSP Household Income Limit for the applicable calendar year.
UNIT RENT LIMITS – For Affordable Rental Units, those rents limits established by the MTSP
by bedroom size, designated at either 50% or 60% Area Median Income, including rent utility
allowance and other non-optional charges.
15
UTILITY ALLOWANCE – A utility allowance consistent with the Metropolitan Council
Housing and Redevelopment Authority’s annual published utility allowance schedule.
SECTION 2. Representations.
Developer represents to and for the benefit of the HRA, that Developer has duly authorized,
executed and delivered this Declaration pursuant to proper authorization therefor; that this Declaration
constitutes a valid and binding obligation of Developer, enforceable in accordance with its terms, except
only as such enforceability may be limited by bankruptcy, moratorium, reorganization or other laws, or
principles of equity affecting creditors' rights and that the execution and delivery of this Declaration does
not constitute a breach, violation or default under any law, regulation, order, judgment or ruling binding
upon such party, or a default under any indenture, mortgage, agreement or other instrument to which
Developer is subject or by which it or the Property is bound.
SECTION 3. Restrictions on Use.
A. Developer agrees to develop, operate and manage the Project, including the Affordable
Dwelling Units, according to the terms of this Declaration for the duration of the
Affordability Period.
B. During the Affordability Period, this Declaration shall constitute covenants running with
the land and be binding on the successors and assigns of Developer and on all parties
having or acquiring any rights, title, or interest in the Project.
C. Developer shall only rent the Affordable Dwelling Units in the Project according to the
following:
a. All Affordable Rental Units shall be occupied by Qualifying Tenants and shall
bear rents that do not exceed the Unit Rent Limits. All unit leases for Affordable Rental
Units shall identify tenant paid utilities and non-optional unit charges.
b. All Affordable Rental Units shall be identified by unit number and bedroom size
on the initial rent schedule, which is attached hereto as Exhibit B and incorporated
herein. In no event will the HRA require the Affordable Rental Unit gross rents to be set
lower than those listed on Exhibit B. The initial rent shall be determined using the MTSP
limits in effect on the date of the Certificate of Occupancy.
c. Developer may not refuse to lease an Affordable Rental Unit in the Project to a
prospective tenant because the prospective tenant is a Section 8 certificate or voucher
holder, or a participant in any other tenant-based assistance program. Notwithstanding
Section C(a) above, Developer may charge more than such rent limits for a household
using rental assistance as permitted by the assistance program as long as the household
using the rental assistance is not paying more than 30% of the household’s monthly
adjusted income.
Households in Affordable Dwelling Units may not be evicted or have their tenancy
terminated (including lease non-renewal) for other than good cause. Good cause means
serious or repeated violation(s) of the material terms and conditions of the lease.
Developer shall state the good cause in any eviction, lease non-renewal or termination of
tenancy notice. The tenant shall have the right to contest the eviction, lease non-renewal
or termination of tenancy in court.
16
In order to ensure that tenants understand their rights, Developer shall provide a Resident
Notification Letter to tenants at each lease signing, and a Lease Rider explaining these
tenant rights must be executed and attached to the lease.
d. The HRA or its designee shall review and approve rents and other mandated
charges or allowances from time to time for consistency with this Declaration. Developer
must provide tenants with not less than 90 days prior written notice of increases in rents.
e. Developer may only increase rent on Affordable Rental Units once annually and
may not increase rents until the anniversary of the initial lease or the last rent increase,
whichever is later. This limit applies to the rent charged for the unit and not the portion of
tenant-paid rent for residents assisted with Section 8 or other rental assistance.
f. The determination of whether a household is a Qualifying Tenant shall be made
by Developer at the time the tenancy commences and on an ongoing basis thereafter,
determined annually, in accordance with the Compliance Manual.
D. Developer and any subsequent owners may only sell Affordable Ownership Units in
accordance with the following:
a. All Affordable Ownership Units shall be sold to Qualifying Owners whose
incomes do not exceed the designated applicable MTSP limits.
b. All Affordable Ownership Units shall be sold at or below the Purchase Price
Limit.
c. In no event shall City require the ownership sales price to be set lower than the
sales price listed on Exhibit B. The initial sales price shall be calculated using the MTSP
limits in effect on the date of the Certificate of Occupancy.
E. All leases or sales of Affordable Dwelling Units shall contain clauses, among others,
wherein each individual tenant or owner: (i) certifies the accuracy of the statements made in its
application and Eligibility Certification (as defined in Section 4 hereof); and (ii) agrees that the
household income at the time the lease or purchase agreement is executed shall be deemed a
substantial and material obligation of the tenant’s tenancy or owners residency, that the tenant or
owner will comply promptly with all requests for income and information relevant to determining
low or moderate income status from Developer or HRA, and that the tenant’s or owner’s failure
or refusal to comply with a request for information with respect thereto shall be deemed a
violation of a substantial obligation of the tenant’s tenancy or ownership agreement; and (iii) is
put on notice that subletting of such Affordable Dwelling Unit is strictly prohibited, except as
approved by the HRA consistent with the HRA’s Compliance Manual.
Developer shall retain all records related to compliance with this Declaration for a minimum of
six (6) years after termination of the Affordability Period. Developer shall permit any duly
authorized representative of HRA to inspect the books and records of Developer related to
compliance with this Declaration. Developer shall provide City, upon request, copies of any
leases and purchase agreements for the Affordable Dwelling Units and access to the Project and
Affordable Dwelling Units for on-site inspections. Developer shall submit any other information,
documents or certificates requested by HRA which HRA deems reasonably necessary to
substantiate continuing compliance with the provisions specified in this Declaration.
17
Developer shall comply with the Compliance Manual and provide evidence of compliance to
HRA upon request.
SECTION 4. Certification of Tenant Eligibility.
As a condition to initial and continuing occupancy, each person who is intended to be a
Qualifying Tenant shall be required annually to sign and deliver to Developer an Eligibility Certification,
confirmed by the Developer consistent with the requirements of the HRA’s Compliance Manual. In
addition, such person shall be required to provide whatever other information, documents or certifications
are deemed necessary by the HRA or Certifying Entity to substantiate the Eligibility Certification along
with requests for voluntary information, on an ongoing annual basis, and Developer must verify that such
tenant continues to be a Qualifying Tenant as defined herein. Eligibility Certifications will be maintained
on file by Developer with respect to each Qualifying Tenant who resides in an Affordable Dwelling Unit
or resided therein during the immediately preceding calendar year.
Developer agrees to comply with the Minnesota Government Data Practices Act and all other
applicable state and federal laws relating to data privacy or confidentiality.
SECTION 5. Fair Housing Policy
Developer shall use affirmative fair housing marketing practices in soliciting renters or
homeowners, determining eligibility, and concluding all transactions as addressed in Title VIII of the
Civil Rights Act of 1968, as amended by the Fair Housing Amendment Act of 1988, as well as the fair
housing protections provided by the Minnesota Human Rights Act. In addition, Developers must comply
with any applicable City fair housing policies.
Developer shall affirmatively market the availability of all Affordable Dwelling Units. At a
minimum, all Affordable Rental Units shall be advertised on HousingLink concurrent with other public or
private advertising for at least 10 consecutive days.
SECTION 6. Annual Report.
Developer covenants and agrees that during the terms of this Declaration, it will prepare and
submit to the HRA, on or before March 31 of each year, a certificate executed by Developer as detailed in
the Compliance Manual.
SECTION 7. Restrictions on Sale of the Project.
Developer covenants and agrees that Developer will cause or require as a condition precedent to
any conveyance, transfer, assignment, or any other disposition of the Project prior to the termination of
this Declaration (a “Transfer”) that the transferee of the Project pursuant to the Transfer assume in
writing, in a form reasonably acceptable to the HRA, all duties and obligations of Developer under this
Declaration, including this Section, in the event of a subsequent Transfer by the transferee prior to
termination of this Declaration provided herein (the “Assumption Agreement”). Developer will deliver
the Assumption Agreement to the HRA for approval prior to the Transfer.
SECTION 8. Covenants: Binding Upon Successors in Interest.
It is intended and agreed that the covenants provided in this Declaration shall be covenants
running with the land and that they shall, in any event, and without regard to technical classification or
designation, legal or otherwise, be binding on Developer, the successors and assigns of Developer, and all
parties having or acquiring any right, title, or interest in all or any part of the Project. This Declaration
18
shall be enforceable against all such parties to the fullest extent permitted by law and equity for the
benefit and in favor of the HRA, its successors and assigns. It is expressly agreed and acknowledged that:
Developer may not amend this Declaration without the express written consent of the HRA; the covenants
provided in this Declaration are in addition to the provisions of any Other Documents; this Declaration
shall not be deemed to limit or merge into any Other Documents or vice versa; this Declaration shall
survive the expiration or termination of any of Other Documents; and the satisfaction or release of any
Other Documents shall not be deemed a satisfaction or release of this Declaration.
SECTION 9. Remedies for Default.
In the event of any default, failure, violation, or any other action or inaction by Developer
specified in this Declaration, HRA, at its option, may institute such actions or proceedings at law or in
equity as it may deem desirable for effectuating the provisions of this Declaration, including without
limitation third-party enforcement of Certifying Entity fees, withholding, conditioning, suspending or
revoking any permits, license, approval or other entitlement for the Property, including without
limitations, certificates of occupancy as well as actions for specific performance, extension of the
Affordability Period, damages, and injunctive relief, and including also any remedy allowed under the
terms of any Other Documents. Developer hereby further acknowledges that the HRA cannot be
adequately compensated by monetary damages in the event of any default hereunder. In any action or
proceeding to enforce its rights under this Declaration, HRA shall be entitled to the recovery from
Developer of reasonable attorneys' fees.
SECTION 10. Hold Harmless & Indemnification
Developer will indemnify and hold harmless (without limit as to amount) the HRA and its elected
officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as
“Indemnitees”), and any of them, from because of or by reason of any and all claims, demands, suits,
actions, judgments and executions for damages of any and every kind and by whomever and whenever
made or obtained, allegedly cause by, arising out of or relating in any manner to Developer’s operation of
the Project or the Affordable Dwelling Units, or Developer’s performance or non-performance under this
Declaration, and shall protect and defend Indemnitees, and any of them with respect thereto, except to the
extent caused by the gross negligence or willful misconduct of the HRA. The provisions of this section
shall survive expiration or other termination of the Declaration or any release of part or all of the Property
from the burdens of this Declaration and the provisions of this section shall remain in full force and
effect.
Notwithstanding the foregoing, if the United States Department of Housing and Urban
Development ("HUD") is ever deemed the "Owner" of all or part of the Project, HUD shall not be subject
to the indemnification provisions contained in this Section 10. HUD prohibits and does not authorize any
expenditure which would violate 31 USC 1341 (the "Anti-Deficiency Act"). Any provision of this
Declaration which violate(s)(d) the Anti-Deficiency Act, in the past, present or future, will not be
enforced against HUD. Notwithstanding any other provision of this Agreement, HUD whether in the
capacity of subsidy provider, loan insurer, lender, owner, lessee or mortgagee in possession, shall have no
obligation of reimbursement, indemnity, or holding harmless, of any nature whatsoever, to any
governmental entity, private entity, person or party, either now or in the future. Any and all indemnity
provisions, however, shall apply to any subsequent purchaser from HUD.
SECTION 11. Recordation
This Declaration shall be properly recorded against the Property at the expense of Developer in
the official real estate records of Hennepin County, Minnesota. In the event Developer fails to properly
19
and timely record, the HRA may record this Declaration against the Property on Developer’s behalf and
Developer shall pay or reimburse the HRA all fees and expenses incurred by the HRA to facilitate such
recording on Developer’s behalf.
SECTION 12. Notices and Demands.
A notice, demand, or other communication under this Declaration by either party to the other
shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally, and
A. in the case of Developer, is addressed to or delivered personally to Developer at:
Artessa Development, LLC
4938 Lincoln Drive
Edina, MN 55436
Attention: Ben Landhauser, Executive Vice President
B. in the case of HRA, is addressed to or delivered personally to HRA at:
City of Golden Valley Housing and Redevelopment Authority
7800 Golden Valley Road
Golden Valley, MN
Attention: Administrator
or at such other address with respect to either such party as that party may, from time to time, designate in
writing and forward to the other as provided in this Section.
SECTION 13. Agent of the HRA.
HRA shall have the right to appoint an agent to carry out any of its duties and obligations
hereunder, and shall inform Developer of any such agency appointment by written notice.
SECTION 14. Severability.
The invalidity of any clause, part or provision of this Declaration shall not affect the validity of
the remaining portions thereof.
SECTION 15. Governing Law.
This Declaration shall be governed by the laws of the State of Minnesota and, where applicable,
the laws of the United States of America.
(Signature pages follow.)
20
[Signature page to Mixed Income Housing Declaration of Affordable Housing Covenants]
____________________________________________,
a ________________________________________
By
____________________________
Its:
___________________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ________ day of _______________,
20____, by ______________________, the ______________ of ______________________________, a
______________________________, on behalf of the __________________________.
Notary Public
21
ATTACHMENT A
TO MIXED INCOME HOUSING
DECLARATION OF AFFORDABLE HOUSING COVENANTS
LEGAL DESCRIPTION
Lot 1, Block 1, ARTESSA GOLDEN VALLEY, Hennepin County, Minnesota.
22
ATTACHMENT B
TO MIXED INCOME HOUSING
DECLARATION OF AFFORDABLE HOUSING COVENANTS
INITIAL SALE PRICE SCHEDULE
Unit
Address Number of Bedrooms Square Footage Maximum Sale Price
23
ATTACHMENT C
MIXED INCOME HOUSING
ANNUAL OWNER CERTIFICATION
MIXED INCOME HOUSING PROGRAM
Owner Certification Project Compliance
Property Name:
Pursuant to the City of Golden Valley Mixed Income Housing Policy requirements and other applicable
laws, rules, regulations and ordinances, I certify that the following requirements applied to the Property
named above since the commencement of the period of affordability (POA) for the Mixed Income
Housing Policy (MIHP) in accordance with the Property’s agreements with the (City/HRA):
1. Third party verification of all sources of income and assets was obtained from applicants and the
owner/agent has calculated annual anticipated income in accordance with HUD’s Part 5 Definition
in order to determine eligibility under the appropriate MIHP income limits BEFORE a household
occupied an Affordable Dwelling Unit (ADU).
2. Annual verification or self-certification of income was obtained from each household occupying
an ADU. Source documents or third-party verifications were obtained every 3rd year of the POA as
required by the MIHP or terms outlined in the property’s MIHP documents.
NOTE: This is not every 3rd year of a household’s occupancy. It is every 3rd year of the POA and
applies to all households living in ADUs, including households that moved in the previous year
and whose income was subject to third party verification at that time.
3. Each ADU in the property was rent restricted so that gross rent (tenant paid rent, plus non-optional
fees plus the utility allowance) did not exceed the maximum allowed under the MIHP and
agreements with the (City/HRA).
4. If a household’s income increased to a level in excess of the restrictions outlined in the Property’s
governing documents, appropriate steps were taken to bring the Property back into compliance with
MIHP requirements and the ADU designation (fixed or floating).
5. The Property complies with State and local codes, zoning, ordinances and rental licensing (if any)
requirements. If not, attach a statement summarizing the entity that conducted the inspection,
deficiencies found, whether they were corrected and the date(s) of correction. Do not attach
copies of violation reports or notices except in unusual situations.
6. The Property was accessible to persons with disabilities in accordance with requirements for
federally funded projects and the applicable design and construction standards.
7. The Property utilized an Affirmative Fair Housing Marketing Plan
8. The Property utilized written tenant selection policies and procedures.
24
9. The owner/agent complied with all federal, state and local laws relating to fair housing and equal
opportunity.
10. Each household occupying an ADU signed a lease or had an additional lease addendum that
conforms to MIHP requirements (i.e., lease term was mutually agreed upon and contained no
prohibited lease provisions).
11. If charged, non-optional fees plus tenant rent, plus the Utility Allowance do not exceed the
applicable MIHP rent limit.
12. For housing built before 1978, all tenants signed a "Lead Based Paint Disclosure" and were given
a
copy of a federally approved pamphlet on lead poisoning prevention.
OWNER REPRESENTATIVE SIGNATURE: DATE:
PRINT OWNER REPRESENTATIVE NAME:
WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY
GOVERNMENTAL UNIT OF MINNESOTA.
Golden Valley Council Manager Meeting
September 20, 2022
Agenda Item
3. F. 1. Adopt Resolutions No. 22-076, No. 22-077 No. 22-078 and No. 22-079 regarding the
Minnesota Department of Employment and Economic Development (DEED) and the Tax Base
Revitalization Account (TBRA) Cleanup Grant Agreements and Funding Disbursement Agreements
Prepared By
Myles Campbell, Planner & Grant Coordinator
Maria Cisneros, City Attorney
Summary
On April 19, 2022, the Council voted to authorize the submittal of two grant applications regarding
Cleanup mitigation costs for the redevelopment site at 6300 Olson Memorial Highway. The former
Optum Health location is set to be redeveloped by United Properties into what they are calling the
“Golden Valley Business Center”.
Following the meeting, applications to both DEED and the Metropolitan Council were submitted, and
later in the summer the City received notification that both grants had been awarded. The table below
breaks down the original request for each, the awarded grant amount, and the date of the award
notification.
Grant/Org Name Original Request Funded Amount Date of Award
TBRA/Met Council $450,000 $464,400 July 14, 2022
Cleanup/DEED $750,000 $644,325 July 5, 2022
While waiting to hear back from both DEED and Met Council, staff was also drafting a pair of
“disbursement agreements,” one for each grant. These secondary agreements between the city and
the developer set out a number of standards regarding responsibilities of the developer such as
monitoring and reporting requirements. Especially important, in the unlikely event of the project falling
through and not being completed, it sets the responsibility of grant repayment and reimbursement to
the developer rather than the City.
There are four resolutions relating to grant agreements for approval tonight. With grant and
disbursement agreements in place, United Properties and their development team will be able to begin
site Cleanup work in earnest prior to the winter months.
Financial Or Budget Considerations
While the City will be responsible for some monitoring and reporting requirements, the newly
established grant administration fee should cover the expected staff time costs associated. The City is
not providing any matching funds for these grants.
Recommended Action
• Motion to adopt Resolution No. 22-076 Accepting the Metropolitan Council Tax Base
Revitalization Account (TBRA) Contamination Cleanup
• Motion to adopt Resolution No. 22-077 Accepting the Minnesota Department of Employment
and Economic Development (DEED) Contamination Cleanup Grant
• Motion to adopt Resolution No. 22-078 Authorizing the Funding Disbursement Agreement
between Golden Valley and United Properties LLC for Metropolitan Council TBRA Cleanup Grant
• Motion to adopt Resolution No. 22-079 Authorizing the Funding Disbursement Agreement
between Golden Valley and United Properties LLC for Minnesota DEED Cleanup Grant
Supporting Documents
• Resolution No. 22-076 Accepting the Metropolitan Council Tax Base Revitalization Account
(TBRA) Contamination Cleanup
o Metropolitan Council TBRA Grant Agreement
• Resolution No. 22-077 Accepting the Minnesota Department of Employment and Economic
Development (DEED) Contamination Cleanup Grant
o MN DEED Contamination Cleanup Grant Contract Agreement
• Resolution No. 22-078 Authorize the Funding Disbursement Agreement between Golden Valley
and United Properties LLC for Metropolitan Council TBRA Cleanup Grant
o Funding Disbursement Agreement for TBRA Cleanup
• Resolution No. 22-079 Authorize the Funding Disbursement Agreement between Golden Valley
and United Properties LLC for Minnesota DEED Cleanup Grant
o Funding Disbursement Agreement for DEED Cleanup
RESOLUTION NO. 22-076
RESOLUTION ACCEPTING A GRANT FOR CLEANUP COSTS RELATING TO THE
REDEVELOPMENT OF 6300 OLSON MEMORIAL HIGHWAY FROM THE
METROPOLITAN COUNCIL
WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations
of real or personal property for the benefit of its citizens in accordance with the terms
prescribed by the grantor or donor, and,
WHEREAS, the grant is to allow for financial assistance associated with site cleanup
activities at 6300 Olson Memorial Highway as part of the Optum Health Building
Redevelopment Project, and,
WHEREAS, the Grants Policy states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts the following
grant from the Metropolitan Council for up to $464,400 and authorizes the Mayor or his
representatives to sign the grant agreement.
Adopted by the City Council of the City of Golden Valley, Minnesota this 20th day of
September 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGRAM
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SG-17698 rev. 8/19/2022
GRANTEE: Golden Valley GRANT NO. SG-17698
PROJECT: Business Center
GRANT AMOUNT: $464,400 FUNDING CYCLE: 2022 – Round 1
COUNCIL ACTION: July 13, 2022 EXPIRATION DATE: June 30, 2025
METROPOLITAN LIVABLE COMMUNITIES ACT
GRANT AGREEMENT
THIS GRANT AGREEMENT (“Agreement”) is made and entered into by the Metropolitan Council
(“Council”) and the Municipality or Development Authority identified above as “Grantee.”
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act (“LCA”) and the policies of the Council’s Metropolitan Development
Guide; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.252 establish within the Metropolitan
Livable Communities Fund a Tax Base Revitalization Account and require the Council to use the
funds in the account to make grants to Municipalities or Development Authorities for the cleanup of
polluted land in the seven-county metropolitan area; and
WHEREAS, the Grantee is a Municipality or a Development Authority as defined in Minnesota
Statutes section 473.252, subdivisions 1 and 1a; and
WHEREAS, the Grantee seeks funding in connection with an application for Tax Base Revitalization
Account funds submitted in response to the Council’s notice of availability of grant funds for the
“Funding Cycle” identified above and will use the grant funds made available under this Agreement
to help fund the “Project” identified in the application; and
WHEREAS, the Council awarded Tax Base Revitalization Account grant funds to the Grantee
subject to any terms, conditions or clarifications stated in its Council Action, and with the
understanding that the Project identified in the application will proceed to completion in a timely
manner, all grant funds will be expended prior to the “Expiration Date” identified above, and Project
development or redevelopment construction will have “commenced” before the Expiration Date.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual
promises and covenants contained in this Agreement, the Grantee and the Council agree as follows:
TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGRAM
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I. DEFINITIONS
1.01. Definition of Terms. The terms defined in this section have the meanings given them in this
section unless otherwise provided or indicated by the context.
(a) Cleanup Costs or Costs. “Cleanup Costs” or “Costs” means:
(1) For hazardous waste or substance contamination, the cost of implementing a voluntary
response action plan approved by the Minnesota Pollution Control Agency under Minnesota
Statutes section 115B.175, subdivision 3.
(2) For asbestos contamination, the cost of implementing a project-specific asbestos project
plan for the Site and performing asbestos-related work which is carried out by contractors
or subcontractors licensed or certified by the Commissioner of Health under the Minnesota
Asbestos Abatement Act, Minnesota Statutes sections 326.70 to 326.81, in accordance
with rules prescribed by the Commissioner of Health related to asbestos abatement and
asbestos management activity, and meeting the federal Asbestos Hazard Emergency
Response Act (“AHERA”) standards for asbestos.
(3) For petroleum contamination, the cost of implementing a corrective action plan for the
Site approved by the Minnesota Pollution Control Agency under Minnesota Statutes
chapter 115C.
(4) For lead abatement, the cost of lead abatement work performed by certified contractors
consistent with all applicable federal and state laws, rules and standards governing lead
abatement or regulated lead work on residential or commercial properties.
(b) Commenced. For the purposes of Sections 2.08 and 5.03, “commenced” means significant
physical improvements have occurred in furtherance of the Project (e.g., a foundation is being
constructed or other tangible work on a structure has been initiated). In the absence of
significant physical improvements, visible staking, engineering, land surveying, soil testing,
cleanup site investigation, or pollution cleanup activities are not evidence of Project
commencement for the purposes of this Agreement.
(c) Council Action. “Council Action” means the action or decision of the governing body of the
Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by which the
Grantee was awarded Tax Base Revitalization Account grant funds.
(d) Development Authority. “Development Authority” means a statutory or home rule charter city,
housing and redevelopment authority, an economic development authority, or a port authority in
the “metropolitan area” as defined by Minnesota Statutes section 473.121, subdivision 2.
(e) Municipality. “Municipality” means a statutory or home rule charter city or town participating
in the Local Housing Incentives Program under Minnesota Statutes section 473.254, or a county
in the metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2.
(f) Participating Municipality. “Participating Municipality” means a statutory or home rule charter
city or town that has elected to participate in the Local Housing Incentive Account program and
TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGRAM
Page 3 of 15 Pages
SG-17698 rev. 8/19/2022
negotiated affordable and life-cycle housing goals for the Municipality pursuant to Minnesota
Statutes section 473.254.
(g) Project. Unless clearly indicated otherwise by the context of a specific provision of this Agreement,
“Project” means the development or redevelopment project identified in the application for Tax
Base Revitalization Account funds for which grant funds were requested. Grant-funded activities
typically are components of the Project.
(h) Project Costs. “Project Costs” means all costs as defined in Minnesota Statutes section 116J.552,
subdivision 7.
(i) Site. “Site” means the polluted land proposed by the Grantee to be cleaned up and located both
within the metropolitan area and within a Participating Municipality.
II. GRANT FUNDS
2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are
from the Tax Base Revitalization Account of the Metropolitan Livable Communities Fund. The grant
funds are derived from the area-wide tax imposed under Minnesota Statutes chapter 473F and are not
from State or federal sources.
2.02. Grant Amount. The Council will grant to the Grantee the “Grant Amount” identified at
Page 1 of this Agreement. The Council’s obligation to reimburse the Grantee for eligible grant-
funded expenditures shall not exceed the Grant Amount. Notwithstanding any other provision of this
Agreement, the Grantee understands and agrees that any reduction or termination of Tax Base
Revitalization Account funds made available to the Council may result in a like reduction in the Grant
Amount made available to the Grantee.
2.03. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under
this Agreement shall be used only for Cleanup Costs for the cleanup of the Site described in the
application for Tax Base Revitalization Account funds. A Project Summary that identifies eligible
uses of the grant funds as approved by the Council is attached to and incorporated into this Agreement
as Attachment A. Aerial photography or drawings that identify the specific location(s) within the
Project boundaries or the Site(s) for which cleanup grant funds must be used is attached to and
incorporated into this Agreement as Attachment B. Grant funds must be used for cleanup of the Site
which must be located in a Participating Municipality. If consistent with the application and subject
to the limitations in Minnesota Statutes section 116J.556, the Grantee may use the grant funds to
provide a portion of the local match requirement for Project Costs that qualify for a grant under
Minnesota Statutes sections 116J.551 to 116J.557.
2.04. Ineligible Uses. Grant funds must be used for costs directly associated with the specific
proposed Project activities for which the grant funds were awarded and shall not be used for “soft
costs” such as: administrative overhead; travel expenses; legal fees; insurance; bonds; permits,
licenses or authorization fees; costs associated with preparing grant proposals or applications; operating
expenses; planning costs, including comprehensive planning costs; and prorated lease and salary
costs. Grant funds may not be used for costs of Project activities that occurred prior to the Council
Action, unless the pre-award costs were for:
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(a) Site investigation work that occurred within 180 days of the Funding Cycle application due date
and is identified as a grant-funded activity in Attachment A; or
(b) Project cleanup activities that occurred within 180 days of the Funding Cycle application due
date that were expressly approved by the Council Action and are described or identified in
Attachments A and B.
A detailed list of ineligible and eligible costs is available from the Council’s Livable Communities
program office. Grant funds also shall not be used by the Grantee or others to supplant or replace:
(a) grant or loan funds obtained for the Project from other sources; or (b) Grantee contributions to the
Project, including financial assistance, real property or other resources of the Grantee; or (c) funding
or budgetary commitments made by the Grantee or others prior to the Council Action, unless
specifically authorized in Attachment A. The Council shall bear no responsibility for cost overruns
which may be incurred by the Grantee or others in the implementation or performance of the Project
activities. The Grantee agrees to comply with any “business subsidy” requirements of Minnesota
Statutes sections 116J.993 to 116J.995 that apply to the Grantee’s expenditures or uses of the grant
funds.
2.05. Loans for Low-Income Housing Tax Credit Projects. If consistent with the application
and the Project activities described in Attachment A or if requested in writing by the Grantee, the
Grantee may structure the grant assistance to the Project as a loan so the Project Owner can take
advantage of federal and state low-income housing tax credit programs. The Grantee may use the
grant funds as a loan for a low-income housing tax credit Project, subject to the terms and conditions
stated in Sections 2.03 and 2.04 and the following additional terms and conditions:
(a) The Grantee covenants and represents to the Council that the Project is a rental housing project
that received or will receive an award of low-income housing tax credits under section 42 of the
Internal Revenue Code of 1986, as amended, and the low-income housing tax credit program
administered by the Minnesota Housing Finance Agency or a program administered by the
Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency
that sub-allocates low-income housing tax credits in the metropolitan area.
(b) The Grantee will execute a loan agreement with the Project Owner. Prior to disbursing any
grant funds for the Project, the Grantee will provide to the Council a copy of the loan agreement
between the Grantee and the Project Owner.
(c) The Grantee will submit annual written reports to the Council that certify: (1) the grant funds
continue to be used for the Project for which the grant funds were awarded; and (2) the Project
is a “qualified low-income housing project” under section 42 of the Internal Revenue Code of
1986, as amended. This annual reporting requirement is in addition to the reporting requirements
stated in Section 3.03. Notwithstanding the Expiration Date identified at Page 1 of this
Agreement and referenced in Section 5.01, the Grantee will submit the annual certification
reports during the initial “compliance period” and any “extended use period,” or until such time
as the Council terminates this annual reporting requirement by written notice to the Grantee.
(d) The grant funds made available to the Grantee and disbursed to the Project Owner by the
Grantee in the form of a loan may be used only for the grant-eligible activities and Project
TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGRAM
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SG-17698 rev. 8/19/2022
components for which the Grantee was awarded the grant funds. For the purposes of this
Agreement, the term “Project Owner” means the current Project Owner and any Project Owner
successor(s).
(e) Pursuant to Section 2.04, the grant funds made available to the Grantee and disbursed to the
Project Owner in the form of a loan shall not be used by the Grantee, the Project Owner or
others to supplant or replace: (1) grant or loan funds obtained for the Project from other sources;
or (2) Grantee contributions to the Project, including financial assistance, real property or other
resources of the Grantee; or (3) funding or budgetary commitments made by the Grantee or
others prior to the Council Action, unless specifically authorized in Attachment A. The Council
will not make the grant funds available to the Grantee in a lump sum payment, but will disburse
the grant funds to the Grantee on a reimbursement basis pursuant to Section 2.10.
(f) By executing this Agreement, the Grantee: (1) acknowledges that the Council expects the loan
will be repaid so the grant funds may be used to help fund other activities consistent with the
requirements of the Metropolitan Livable Communities Act; (2) covenants, represents and
warrants to the Council that the Grantee’s loan to the Project Owner will meet all applicable low-
income housing tax credit program requirements under section 42 of the Internal Revenue Code
of 1986, as amended (the “Code”), and the low-income housing tax credit program administered
by the Minnesota Housing Finance Agency or a program administered by the Minneapolis/Saint
Paul Housing Finance Board or another designated housing credit agency that sub-allocates
low-income housing tax credits in the metropolitan area; and (3) agrees to administer its loan to
the Project Owner consistent with federal and state low-income housing tax credit program
requirements.
(g) The Grantee will, at its own expense, use diligent efforts to recover loan proceeds: (1) when the
Project Owner becomes obligated to repay the Grantee’s loan or defaults on the Grantee’s loan;
(2) when the initial thirty-year “compliance period” expires, unless the Council agrees in writing
that the Grantee may make the grant funds available as a loan to the Project Owner for an
“extended use period”; and (3) if noncompliance with low-income housing tax credit program
requirements or some other event triggers the Project Owner’s repayment obligations under its
loan agreement with the Grantee. The Grantee must repay to the Council all loan repayment
amounts the Grantee receives from the Project Owner. The Grantee shall not be obligated to
repay the grant funds to the Council except to the extent the Project Owner repays its loan to
the Grantee, provided the Grantee has exercised the reasonable degree of diligence and used
administrative and legal remedies a reasonable and prudent housing finance agency would use
to obtain payment on a loan, taking into consideration (if applicable) the subordinated nature of
the loan. At its discretion, the Council may: (1) permit the Grantee to use the loan repayment
from the Project Owner to continue supporting affordable housing components of the Project;
or (2) require the Grantee to remit the grant funds to the Council.
(h) If the Grantee earns any interest or other income from its loan agreement with the Project
Owner, the Grantee will: (1) use the interest earnings or income only for the purposes of
implementing the Project activities for which the grant was awarded; or (2) remit the interest
earnings or income to the Council. The Grantee is not obligated to earn any interest or other
income from its loan agreement with the Project Owner, except to the extent required by any
applicable law.
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CONTAMINATION CLEANUP GRANT PROGRAM
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2.06. Deferred Loans. If consistent with the application and the Project Summary, the Grantee
may use the grant funds to make deferred loans (loans made without interest or periodic payments)
for the purposes of implementing the Project activities described or identified in Attachments A
and B. The Grantee will submit annual written reports to the Council that report on the uses of the
grant funds. The form and content of the report will be determined by the Council. This annual
reporting requirement is in addition to the reporting requirements stated in Section 3.03.
Notwithstanding the Expiration Date identified at Page 1 of this Agreement and referenced in
Section 5.01, the Grantee will submit the annual reports until the deferred loan is repaid, or until such
time as the Council terminates this annual reporting requirement by written notice from the Council.
At its discretion, the Council may: (a) permit the Grantee to use loan repayments to continue
supporting affordable housing components of the Project; or (b) require the Grantee to remit the grant
funds to the Council.
2.07. Restrictions on Loans or Grants by Subgrantees. The Grantee shall not permit any
subgrantee or subrecipient to use the grant funds for loans or grants to any subrecipient at any tier
unless the Grantee obtains the prior written consent of the Council. The requirements of this
Section 2.07 shall be included in all subgrants.
2.08. Project Commencement and Changes. The Project for which grant funds were requested
must be “commenced” prior to the Expiration Date. The Grantee must promptly inform the Council
in writing of any significant changes to the Project for which the grant funds were awarded, as well as
any potential changes to grant-funded activities described or identified in Attachments A and B.
Failure to inform the Council of any significant changes to the Project or significant changes to grant-
funded components of the Project, and use of grant funds for ineligible or unauthorized purposes, will
jeopardize the Grantee’s eligibility for future LCA awards. Grant funds will not be disbursed prior
to Council approval of significant changes to either the Project or grant-funded activities described
or identified in Attachments A and B.
2.09. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any
unspent grant funds, including any grant funds that are not expended prior to the Expiration Date
identified at Page 1 of this Agreement; any grant funds that are not used for the authorized purposes;
and any interest earnings described in Section 2.11 that are not used for the purposes of implementing
the grant-funded Project activities described or identified in Attachments A and B. For the purposes
of this Agreement, grant funds are “expended” prior to the Expiration Date if the Grantee pays or is
obligated to pay for expenses of eligible grant-funded Project activities that occurred prior to the
Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or
unused grant funds and other funds remitted to the Council shall revert to the Council’s Tax Base
Revitalization Account for distribution through application processes in future Funding Cycles or as
otherwise permitted by law.
2.10. Payment Request Forms, Documentation, and Disbursements. The Council will disburse
grant funds in response to payment requests submitted by the Grantee through the Council’s online
grant management system and reviewed and approved by the Council’s authorized agent. Payment
requests shall be made using payment request forms, the form and content of which will be determined
by the Council. Payment request and other reporting forms will be provided to the Grantee by the
Council. The Council will disburse grant funds on a reimbursement basis or a “cost incurred” basis.
To obtain reimbursement under this Agreement, the Grantee shall provide the Council with evidence
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that eligible grant-funded activities, (or a portion thereof) for which reimbursement is requested, have
been satisfactorily completed. The Grantee shall describe the grant-eligible activities for which
reimbursement is requested and shall provide sufficient documentation of grant-eligible expenditures,
invoices and payment documents, and such other information as the Council reasonably requests. The
Council will make the final determination whether the expenditures are eligible for reimbursement
under this Agreement, and verify the total amount requested from the Council. Reimbursement of any
cost does not constitute a waiver by the Council of any Grantee noncompliance with this Agreement.
Payment requests must also include the following documentation:
(a) Contaminated fill disposal documentation (showing unit rates, one manifest per truck per load,
and weight/load tickets); and
(b) A spreadsheet matching manifest, load tickets and final weights.
(c) Consultant/contractor invoices showing the time period covered by the invoice; the specific
grant-funded Project activities conducted or completed during the authorized time period within
which eligible costs may be incurred; and documentation supporting expenses including
subcontractor and consultant invoices showing unit rates and quantities. Subcontractor markups
shall not exceed ten percent (10%).
The Council shall disburse grant funds for all grant-eligible expenditures within thirty-five (35) days
of the receipt of satisfactory documentation from the Grantee. NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION 2.10, THE COUNCIL WILL NOT DISBURSE ANY
GRANT FUNDS TO THE GRANTEE UNLESS THE GRANTEE (OR PARTICIPATING
MUNICIPALITY) HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY
SECTION 6.04.
2.11. Interest Earnings. If the Grantee earns any interest or other income from the grant funds
received from the Council under this Agreement, the Grantee will use the interest earnings or income
only for the purposes of implementing the Project activities described or identified in Attachments A
and B.
2.12. Effect of Grant. Issuance of this grant neither implies any Council responsibility for the
contamination at the Site nor imposes any obligation on the Council to participate in the cleanup of
the Site contamination or in the Cleanup Costs beyond the Grant Amount of this Agreement. By
awarding grant funds to the Grantee for the Project and executing this Agreement, the Council
assumes no responsibility for: (a) any damage to persons, property, or the environment caused by
Site cleanup activities or implementation of the Project; or (b) determining whether intended uses of
the Site identified in the grant application or potential future uses of the Site, including any residential
uses, are suitable for the Site.
III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS
3.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and
complete accounts and records relating to the receipt and expenditure of all grant funds received from
the Council. Notwithstanding the expiration and termination provisions of Sections 5.01 and 5.02,
such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years
following the completion of the Project activities described or identified in Attachments A and B or
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six (6) years following the expenditure of the grant funds, whichever occurs earlier. Accounting
methods shall be in accordance with generally accepted accounting principles.
3.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner
as all other accounts and records of the Grantee are audited and may be audited or inspected on the
Grantee’s premises or otherwise by individuals or organizations designated and authorized by the
Council at any time, following reasonable notification to the Grantee, for a period of six (6) years
following the completion of the Project activities or six (6) years following the expenditure of the
grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5,
the books, records, documents and accounting procedures and practices of the Grantee that are
relevant to this Agreement are subject to examination by the Council and either the Legislative
Auditor or the State Auditor, as appropriate, for a minimum of six (6) years.
3.03. Report Requirements. The Grantee will report to the Council written progress reports on a
semi-annual basis by January 31 (for the period July 1 through December 31) and July 31 (for the
period January 1 through June 30) of each calendar year during the term of this Agreement. The
Grantee reports shall describe the status of the Project activities described or identified in
Attachments A and B. The report shall also describe the projected spending for the current reporting
period and projected spending for future reporting periods. The Grantee must complete and submit to
the Council a Final Report before the final disbursement of grant funds will be approved. The form
and content of the progress reports and the Final Report will be determined by the Council. In addition
to the required status reports and the Final Report, the Grantee must submit to the Council by April 15
of the year following the expiration of this Agreement and by April 15 of each of the succeeding three
(3) years, an annual written report that includes information about redevelopment activities, net tax
capacity of the Site, and jobs resulting from Site cleanup. The form and content of the annual written
report will be determined by the Council. The reporting requirements of Sections 3.03 and 3.04 shall
survive the expiration or termination of this Agreement.
3.04. Certificate of Completion. Upon completion of the Site cleanup, the Grantee will provide
to the Council:
(a) For hazardous waste or substance contamination, a copy of a certificate of completion for the
Site issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes
section 115B.175, or a letter from the Agency indicating that the approved voluntary response
action plan for the Site has been implemented to the satisfaction of the Agency and that the
Agency is issuing a determination that no further action is required under Minnesota Statutes
sections 115B.01 to 115B.08 to address the identified release; or
(b) For asbestos contamination, either: (1) a copy of a statement from the Grantee’s licensed asbestos
abatement contractor that the project-specific asbestos project plan and asbestos-related work for
the Site have been completed in accordance with the rules of the Minnesota Department of Health;
or (2) a final asbestos abatement implementation report that shows the project-specific asbestos
project plan and asbestos-related work for the Site have been completed in accordance with the
rules of the Minnesota Department of Health; or
(c) For petroleum contamination, a copy of a site closure letter issued by the Minnesota Pollution
Control Agency pursuant to Minnesota Statutes chapter 115C; or
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(d) For lead abatement or regulated lead work: (1) a copy of the contractor firm certification to
conduct lead-based paint activities in residential or child-occupied facilities per Code of Federal
Regulations, Title 40, section 745.89 and Minnesota Statutes section 144.9505; and (2) a statement
or other documentation from the certified contractor that the lead abatement or regulated work at
the Site has been completed in accordance with applicable provisions of Code of Federal
Regulations, Title 40, part 745 and state laws, rules and standards governing lead abatement
according to the Lead Poisoning Prevention Act, Minnesota Statutes sections 144.9501
to 144.9512 and Minnesota Rules parts 4761.2000 to 4761.2700.
IV. RECOVERY AND REPAYMENT
4.01. Recovery of Funds. If the Grantee recovers funds pursuant to an action under Minnesota
Statutes section 115B.04, or other law, to recover the reasonable and necessary Project Costs incurred
to clean up the Site, the Grantee shall repay to the Council that portion of the grant as provided in
Section 4.04.
4.02. Assignment of Rights. Upon request of the Council, the Grantee shall assign to the Council
the Grantee’s right to recover the funds described in Section 4.01, shall prepare and submit a
certification of the Project Costs incurred, and shall cooperate in any cost recovery action brought by
the Council.
4.03. Expenses of Recovery. The reasonable litigation expenses or other costs of legal or technical
assistance incurred by the Grantee, the Council, or both, may be deducted from recovery obtained in
accordance with Sections 4.01 or 4.02 and reimbursed to the entity incurring such costs before
proceeds of the recovery are distributed in accordance with Section 4.04.
4.04. Reimbursement. Subject to the deduction provided in Section 4.03, amounts recovered either
by the Grantee or the Council from responsible persons and all other amounts otherwise received by the
Grantee or the Council for cleanup of the Site shall be used to reimburse the Grantee, the Council, or
any other nonresponsible party who contributed funds for cleanup of the Site in proportion to their
respective payments for response costs.
4.05. Survival of Recovery and Repayment Provisions. The provisions of Sections 4.01 through
4.04 shall survive the expiration or termination of this Agreement.
V. AGREEMENT TERM
5.01. Term. This Agreement is effective (the “Effective Date”) upon execution of this Agreement
by the Council. Unless terminated pursuant to Section 5.02, this Agreement expires on the
“Expiration Date” identified at Page 1 of this Agreement. The term of this agreement shall extend
from the Effective Date of this Agreement to a date one hundred and twenty (120) calendar days
following the Expiration Date to permit close out of this Agreement. ALL GRANT FUNDS NOT
EXPENDED BY THE GRANTEE AND REQUESTED FOR REIMBURSEMENT PRIOR TO
THE END OF THE TERM SHALL REVERT TO THE COUNCIL.
5.02. Termination. This Agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this
Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the
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Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities
described or identified in Attachments A and B that have been completed prior to the termination.
Termination of this Agreement does not alter the Council’s authority to recover grant funds on the
basis of a later audit or other review, and does not alter the Grantee’s obligation to return any grant
funds due to the Council as a result of later audits or corrections. If the Council determines the
Grantee has failed to comply with the terms and conditions of this Agreement and the applicable
provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect
the Council’s interests and may refuse to disburse additional grant funds and may require the Grantee
to return all or part of the grant funds already disbursed.
5.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by
mutual agreement. Amendments or an extension of this Agreement shall be effective only on the
execution of written amendments signed by authorized representatives of the Council and the Grantee.
If the Grantee needs a change to the Project, additional time within which to complete the grant-funded
activities and commence the Project, a change in the budget, or a change in grant-funded activities the
Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR DAYS PRIOR TO THE
EXPIRATION DATE, a complete, written amendment request. All requirements must be met for a
request to be considered complete. THE EXPIRATION DATE MAY BE EXTENDED, BUT THE
PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO (2) YEARS BEYOND THE
ORIGINAL EXPIRATION DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT.
VI. AFFORDABILITY; AFFIRMATIVE FAIR HOUSING
6.01. Affordability Term. If the Project for which the grant funds were awarded includes
affordable housing units, the Grantee shall, through written instruments or otherwise, ensure the
affordable units will remain affordable for a minimum period of fifteen (15) years. The Grantee’s
obligation under this section may be satisfied if other Project funding sources (e.g., the Minnesota
Housing Finance Agency or HUD) or state or federal laws (e.g., low-income housing tax credit
programs) require an affordability term of at least fifteen (15) years. For the purposes of this section,
“affordable housing unit” means a unit that is affordable to households at 60 percent or less of the
Area Median Income (“AMI”), as established by HUD, unless the Grantee’s application stated an
affordability standard lower than 60 percent of AMI, in which case the Grantee’s lower affordability
standard shall apply. The affordability requirements of this section shall survive the expiration or
termination of this Agreement.
6.02. Affirmative Fair Housing Marketing Plans. If the Project for which the grant funds were
awarded is a housing project, or includes housing units (whether market rate or affordable), the
Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent
owner(s)) adopts and implements an affirmative fair housing marketing plan for Project housing units.
For the purposes of this section, “affirmative fair housing marketing plan” means an affirmative fair
housing marketing plan that substantially conforms to affirmative fair housing marketing plans
published by the U.S. Department of Housing and Urban Development (“HUD”) or sample
affirmative fair housing marketing plans published by the Minnesota Housing Finance Agency. The
affirmative fair housing marketing plan requirement under this section shall continue for the
minimum affordability term specified in Section 6.01 and shall survive the expiration or termination
of this Agreement.
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6.03. Section 8 Housing Choice Vouchers. If the Project is a housing project, or includes housing
units (whether market rate or affordable) and the Grantee stated in its application that the Project
housing units would be made available to households participating in the federal Housing Choice
Voucher program, the Grantee shall, through written instruments or otherwise, ensure the Project
owner (and any subsequent owner(s)) adopts and implements a policy under which the Project owner
will not refuse to lease Project units to households or individuals participating in the Housing Choice
Voucher program because those households or individuals are Housing Choice Voucher program
participants. The Housing Choice Voucher requirement under this section shall continue for the
minimum affordability term specified in Section 6.01 and shall survive the expiration or termination
of this Agreement.
6.04. Fair Housing Policy. If the Project will include a housing component, the Grantee (or
Participating Municipality) must adopt a Fair Housing Policy. For the purposes of this section, the
term “Fair Housing Policy” means a written statement regarding the Grantee’s (or Participating
Municipality’s) commitment to fair housing that contains at least the following elements: a purpose
statement; procedures for complaint identification and referral; a designated fair housing officer; and
an outline of the internal and external actions the Grantee will undertake to advance fair housing. A
best practices guide, as well as a copy of a model local fair housing policy is available at:
https://metrocouncil.org/Handbook/Files/Resources/Best-Practices/Fair-Housing-Policy-Guide.aspx
VII. GENERAL PROVISIONS
7.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, membership or activity in a local civil rights commission,
disability, sexual orientation or age and will take affirmative action to insure applicants and employees
are treated equally with respect to all aspects of employment, rates of pay and other forms of
compensation, and selection for training.
7.02. Conflict of Interest. The members, officers and employees of the Grantee shall comply with
all applicable state statutory and regulatory conflict of interest laws and provisions.
7.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest
extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its
members, employees and agents from and against all claims, damages, losses and expenses, including
but not limited to attorneys’ fees, arising out of or resulting from the conduct or implementation of
the Project activities funded by this grant, except to the extent the claims, damages, losses and
expenses arise from the Council’s own negligence. Claims included in this indemnification include,
without limitation, any claims asserted pursuant to the Minnesota Environmental Response and
Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code,
Title 42, sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976
(RCRA) as amended, United States Code, Title 42, sections 6901 et seq. This obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which
otherwise would exist between the Council and the Grantee. The provisions of this section shall
survive the expiration or termination of this Agreement. This indemnification shall not be construed
TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGRAM
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SG-17698 rev. 8/19/2022
as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability
provided by Minnesota Statutes chapter 466 or other applicable state or federal law.
7.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports and publications relating to
the Project activities described or identified in Attachments A and B which are funded in whole or in
part with the grant funds. The acknowledgment will contain the following or comparable language:
Financing for this project was provided by the Metropolitan Council Metropolitan
Livable Communities Fund.
Until the Project activities funded by this Agreement are completed, the Grantee will ensure the above
acknowledgment language, or alternative language approved by the Council’s authorized agent, is
included on all signs (if any) located at Project or construction sites that identify Project funding
partners or entities providing financial support for the Project. The acknowledgments and signage
should refer to the “Metropolitan Council” (not “Met Council” or “Metro Council”).
7.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any
applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to perform
or complete the Project activities described or identified in Attachments A and B. The Grantee and its
developer(s), if any, must comply with all applicable licensing, permitting, bonding, authorization, and
approval requirements of federal, state and local governmental and regulatory agencies, including
conservation districts.
7.06. Subgrantees, Contractors and Subcontractors. The Grantee shall include in any subgrant,
contract or subcontract for Project activities appropriate provisions to ensure subgrantee, contractor,
and subcontractor compliance with all applicable state and federal laws and this Agreement. Along
with such provisions, the Grantee shall require that contractors and subcontractors performing work
covered by this grant obtain all required permits, licenses and certifications, and comply with all
applicable state and federal Occupational Safety and Health Act regulations, especially the federal
Hazardous Waste Operations and Emergency Response standards under Code of Federal Regulations,
Title 29, sections 1910.120 and 1926.65. If the Project for which the grants were awarded includes
affordable units, the Grantee’s subgrant agreement(s) shall expressly include the applicable
affordability and affirmative fair housing requirements of Sections 6.01, 6.02, and 6.03.
7.07. Stormwater Discharge and Water Management Plan Requirements. If any grant funds
are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require
to be met all applicable requirements of:
(a) Federal and state laws relating to stormwater discharges including, without limitation, any
applicable requirements of Code of Federal Regulations, Title 40, parts 122 and 123; and
(b) The Council’s 2040 Water Resources Policy Plan and the local water management plan for the
jurisdiction within which the redevelopment site is located.
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7.08. Authorized Agent. Payment request forms, written reports and correspondence submitted
to the Council pursuant to this Agreement shall be directed to the Authorized Agent named below
or their successor through the Council’s online grants administration portal or to the below contact
information:
Attn: Samuel F Johnson
Metropolitan Council
CD & MTS Finance and Administration
390 Robert Street North
Saint Paul, Minnesota 55101-1805
Samuel.johnson@metc.state.mn.us
7.09. Non-Assignment. Minnesota Statutes section 473.252, subdivision 3 requires the Council to
distribute grant funds to eligible “municipalities,” metropolitan-area counties or “development
authorities” for projects in municipalities participating in the Local Housing Incentives Account
program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee.
7.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee: (a) is the
owner of any renderings, images, perspectives, sections, diagrams, photographs or other
copyrightable materials (collectively, “copyrightable materials”) that are in the Grantee’s application,
or are submitted to the Council as part of the grant application renew process or after grand award, or
that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and
(b) the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the
Council has a nonexclusive royalty-free license and all necessary permissions to reproduce and
publish the copyrightable materials for noncommercial purposes, including but not limited to press
releases, presentations, reports, and on the internet. The Grantee also agrees the Grantee will not hold
the Council responsible for the unauthorized use of the copyrightable materials by third parties.
7.11 Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the
Grantee and on behalf of the Council represent and warrant on the Grantee’s and the Council’s behalf
respectively that the individuals are duly authorized to execute this Agreement on the Grantee’s and the
Council’s behalf respectively and that this Agreement constitutes the Grantee’s and the Council’s
valid, binding and enforceable agreements.
7.12. Counterparts. This Agreement may be executed in counterpart, each of which counterpart
constitutes an original, but both of which together constitute one instrument.
7.13. Electronic Signatures. The electronic signatures of the Council’s and the Grantee’s
authorized representatives shall be valid as an original signature of the authorized representatives and
shall be effective to bind the Council and the Grantee under this Agreement. This Agreement
containing, or to which there is affixed, an electronic signature shall be deemed to: (a) be “written”
or “in writing”; (b) have been signed; and (c) constitute a record established and maintained in the
ordinary course of business and an original written record when printed from electronic files.
“Electronic signature” also means a manually signed original signature that is then transmitted by any
electronic means, including without limitation a faxed version of an original signature or an
electronically scanned and transmitted version (e.g., via PDF) of an original signature. The Council’s
TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGRAM
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or the Grantee’s failure to produce the original signature of any electronically transmitted signature
shall not affect the enforceability of this Agreement.
This space is left intentionally blank
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IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
METROPOLITAN COUNCIL
By: ___________________________________
LisaBeth Barajas, Executive Director,
Community Development
Date: _________________________________
CITY OF GOLDEN VALLEY
By: ________________________________
Title: MAYOR
Date: SEPTEMBER 20, 2022
By: ________________________________
Title: CITY MANAGER
Date: SEPTEMBER 20, 2022
Approved as to form:
By: _______________________________
ATTACHMENT A
PROJECT SUMMARY
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the
Project identified in the application for Tax Base Revitalization Account grant funds submitted in
response to the Council’s notice of availability of Tax Base Revitalization Account grant funds for
the Funding Cycle identified at Page 1 of this Agreement. The summary reflects the proposed Project
for which the Grantee was awarded grant funds by the Council Action, and may reflect changes in
Project funding sources, changes in funding amounts, or minor changes in the proposed Project that
occurred subsequent to application submission. The application is incorporated into this Agreement
by reference and is made a part of this Agreement as follows. If the application or any provision in
the application conflicts with or is inconsistent with the Council Action, other provisions of this
Agreement, or the Project Summary contained in this Attachment A, the terms, descriptions and dollar
amounts reflected in the Council Action or contained in this Agreement and the Project Summary
shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of precedence
is: (1) the Council Action; (2) this Agreement; (3) the Project Summary and Cleanup Site Locations;
and (4) the grant application.
Grant # SG-17698
Grant Type Contamination Cleanup
Applicant City of Golden Valley
Project Name Business Center
Project Location 6300 Olson Memorial Highway, Golden Valley
Council District 6 – John Pacheco Jr
Project Detail
Contaminant history The 28-acre site includes a vacant, functionally obsolete office
building formerly used by light industrial businesses. Historically,
the site also included a rail spur. Contaminants of concern include
asbestos within the existing building. No leadbased paint was found
in the assessment provided. (Additional contaminants of concern to
be addressed by other funding requests including tetrachloroethene
(PCE) in the soil, and PCE and ethylbenzene in soil vapor.)
Redevelopment project to
start construction by the
end of the grant term
Expected benefits include replacement of the existing building
with 99,750 square feet of office space and 299,250 square feet of
industrial space in two new buildings.
Jobs (FTEs) 185
Net tax capacity increase $1,006,000
Acres cleaned 28
Total housing units 0
Affordable units 0
Funding
Grant amount $464,400
Funding partner requests $775,338 from DEED
Previous LCA funding $0
Use of Funds
Amount Uses to be completed by the end of the grant term
$464,400 For asbestos abatement and related environmental oversight.
Comments Lead-based paint is not eligible for grant funding.
Project Summary
ATTACHMENT B
CLEANUP SITE LOCATION(S)
This attachment comprises this page and the succeeding page(s) which contain aerial photography
or drawings that identify the specific location(s) within the Project boundaries or the Site(s) for
which the Grantee must use the grant funds. The attached photography or drawings also may
identify the types of eligible cleanup activities for which the grant funds must be used at specific
locations within the Project boundaries or within the Site(s).
Cleanup Site Location(s)
RESOLUTION NO. 22-077
RESOLUTION ACCEPTING A GRANT FOR CLEANUP COSTS RELATING TO THE
REDEVELOPMENT OF 6300 OLSON MEMORIAL HIGHWAY FROM THE MINNESOTA
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations
of real or personal property for the benefit of its citizens in accordance with the terms
prescribed by the grantor or donor, and,
WHEREAS, the grant is to allow for financial assistance associated with site cleanup
activities at 6300 Olson Memorial Highway as part of the Optum Health Building
Redevelopment Project, and,
WHEREAS, the Grants Policy states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts the following
grant from the Minnesota Department of Employment and Economic Development for up to
$644,325 and authorizes the Mayor or his representatives to sign the grant agreement.
Adopted by the City Council of Golden Valley, Minnesota this 20th day of September 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
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STATE OF MINNESOTA SC #: _____________
GRANT CONTRACT AGREEMENT
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
BUSINESS AND COMMUNITY DEVELOPMENT DIVISION
Contamination Cleanup Grant Contract Agreement
Grant Contract Agreement No: CCGP-22-0007-Z-FY22
Business Center Project
This grant contract agreement is between the State of Minnesota, acting through the Department of Employment
and Economic Development, Business and Community Development Division (“State”) and the City of Golden
Valley, 7800 Golden Valley Road, Golden Valley, MN 55427 (“Grantee”).
Recitals
1.Under Minn. Stat. § 116J.554 the State is empowered to enter into this grant.
2.The State is in need of programs to do the following: reduce the potential threat of harmful contaminants to
the public’s health and the environment; to create new jobs and increase the tax base; and provide other
public benefits by redeveloping polluted and unproductive sites.
3.The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
contract agreement to the satisfaction of the State.
Grant Contract Agreement
1 Term of Grant Contract Agreement
1.1 Effective date: June 17, 2022, or the date the State obtains all required signatures under Minn. Stat.
§16B.98, subd. 5, whichever is later. Pursuant to Minn. Stat. § 16B.98, subd. 7, no payments will be
made to the Grantee until this grant contract agreement is fully executed.
1.2 Expiration date: June 30, 2025, or until all obligations have been satisfactorily fulfilled, whichever
occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract
agreement: 8. Liability; 9. Accounting; 10. Government Data Practices and Intellectual Property; 12.
Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; 16.
Reporting; 17. Conflict of Interest; 18. Minnesota Business Subsidy Law; and 19. State and Federal
Environmental Standards.
2 Grantee’s Duties
2.1 Duties, Deliverables, and Completion Dates. The Grantee, who is not a state employee, will perform
the following duties and provide the deliverables as outlined below.
(a)Administer these grant funds in accordance with Minn. Stat. §§ 116J.551 – 116J.559 and the
application submitted on May 2, 2022, for funding for the Business Center Project, which is
incorporated into this grant contract agreement and the provisions of this grant contract agreement.
Any modification made to the approved application must be approved by the State.
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(b) Promptly notify the State of any proposed material change in the scope of the project as submitted
in the grant application, budget as defined in Section 4.1(a) below, or entire project’s completion
date, which must be approved by the State, prior to implementation.
(c) Provide evidence to the State prior to the closeout of the grant that the cleanup and/or investigation
has been completed and approved by the Minnesota Pollution Control Agency.
(d) It is expected that the site will be redeveloped as proposed in the grant application and upon which
funding was based. Any material change in the development plans for the site must be presented
to the State and approved.
(e) Adhere to all other requirements of this grant contract agreement.
2.2 Provisions for Contracts and Sub-grants.
(a) Contract Provisions. The Grantee must include in any contract and sub-grant, in addition to
provisions that define a sound and complete agreement, such provisions that require contractors
and sub-grantees to comply with applicable state and federal laws. Along with such provisions,
the Grantee must require that contractors performing work covered by this grant be in compliance
with all applicable OSHA regulations, especially the federal Hazardous Waste Operations and
Emergency Response Standards (29 CFR 1910.120 and 29 CFR 1926.65).
(b) Ineligible Use of Grant Funds. The dollars awarded under this grant contract agreement are grant
funds and shall only be used by Grantee or awarded by Grantee to third parties as grant funds and
cannot take the form of a loan under any circumstance. Grantee shall not use, treat, or convert the
grant funds into an interest bearing loan, a non-interest bearing loan, a deferred loan, a forgivable
deferred loan or any other type of loan. Further, Grantee shall include in any contract or sub-grant
awarding the grant funds to a third party all the provisions and requirements of this grant contract
agreement, including the requirement that these dollars are grant funds only and cannot be used,
treated or converted into any type of loan.
(c) Job Listing Agreements. Minn. Stat. § 116L.66, subd.1, requires a business or private enterprise
to list any vacant or new positions with the state workforce center if it receives $200,000 or more
a year in grants from the State. If applicable, the business or private enterprise shall list any job
vacancy in its personnel complement with MinnesotaWorks.net at www.minnesotaworks.net as
soon as it occurs.
(d) Payment of Contractors and Subcontractors. The Grantee must ensure that all contractors and
subcontractors performing work covered by this grant are paid for their work that is satisfactorily
completed.
3 Time
The Grantee must comply with all the time requirements described in this grant contract agreement. In the
performance of this grant, time is of the essence.
4 Consideration and Payment
4.1 Consideration. State will pay the Grantee under this grant contract agreement as follows:
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(a) Project Costs. The following table represents the total Project Costs.
Activities Amount
Investigation and RAP Development (match only) $62,101
Soil Vapor Mitigation System Design, Installation and Oversight $797,000
TOTAL $859,101
(b) Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract agreement will not exceed $644,325.
In accordance with Minn. Stat. § 116J.554, subd. 1, the grant may pay for up to 75% of the project
costs for a qualifying site. This requires a local match of at least 25%. For the purpose of this
project, the local match portion is at least $214,776. Of the total match requirement, 12% of the
cleanup costs as defined in Minn. Stat. § 116J.552, subd. 2 must come from the municipality’s
general fund, a property tax levy for that purpose, or other unrestricted money available to the
municipality. The rest of the local match may be paid with tax increments, regional, state or federal
money available for the redevelopment of brownfields or any other money available to the
municipality.
(c) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily
incurred by the Grantee as a result of this grant contract agreement are considered administrative
in nature and not permitted. This does not include costs for contractors to complete the activities
listed in Section 4.1(a), which may be considered eligible at the discretion of the State.
4.2. Payment
(a) Invoices. The State will disburse funds to the Grantee pursuant to this Contract, based upon
payment requests submitted by the Grantee and reviewed and approved by the State. Payment
requests must be accompanied by supporting invoices that relate to the activities in the approved
budget. The amount of grant funds requested by the Grantee cannot exceed 75% of the total
approved project costs incurred by the Grantee as supported by invoices. The State will provide
payment request forms. Every effort should be made to submit invoices within the same fiscal
year the costs were incurred. In order to ensure that all funds are drawn prior to the expiration date
of the grant, all payment requests must be received at least 30 days prior to the grant-term
expiration date.
(b) Eligible Costs. Eligible costs include the costs identified in the Section 4.1(a) of this Contract that
are incurred during the contract period. The Grantee may not use these funds to provide loans to
other entities or for administrative costs associated with managing the project this grant is funding.
Pursuant to Minn. Stat. § 116J.552, subd. 2, costs of implementing the response action plan (RAP)
incurred before the grant award date may be eligible at the discretion of the State, if the costs were
completed after the RAP was approved by the Minnesota Pollution Control Agency and the RAP
was approved within 180 days of the application deadline. Costs incurred for the development of
a RAP incurred prior to grant award may be considered eligible at the discretion of the State. Any
reimbursement made for services provided prior to the effective date of the grant will be governed
by the terms of the grant.
(c) Program Income. Program income generated from grant-funded activities on hand at the end of
the grant period must be returned to the State unless the State has approved a re-use of the income.
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4.3 Contracting and Bidding Requirements. Grantees that are municipalities must comply with Minn.
Stat. § 471.345 if they are contracting funds from this grant contract agreement for any supplies,
materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real
or personal property. The Grantee must not contract with vendors who are suspended or debarred in
Minnesota: http://www.mmd.admin.state.mn.us/debarredreport.asp.
5 Conditions of Payment
All services provided by the Grantee under this grant contract agreement must be performed to the State’s
satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance
with all applicable federal, state and local laws, ordinances, rules and regulations. The Grantee will not
receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state
or local law.
6 Authorized Representative
The State’s Authorized Representative is Claudia Ursulescu Kracht, Project Manager, 332 Minnesota Street,
E200, St. Paul, MN 55101, 651-259-7448, Claudia.ursulescu.kracht@state.mn.us, or his/her successor, and
has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided
under this grant contract agreement. If the services are satisfactory, the State’s Authorized Representative
will certify acceptance on each invoice submitted for payment.
The Grantee’s Authorized Representative is Myles Campbell, Planner, 7800 Golden Valley Road, MN
55427, 763-593-3979, mcampbell@goldenvalleymn.gov. If the Grantee’s Authorized Representative
changes at any time during this grant contract agreement, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Agreement Complete
7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant
contract agreement without the prior written consent of the State, approved by the same parties who
executed and approved this grant contract agreement, or their successors in office.
7.2 Amendments.
(a) Amendments Any amendments to this grant contract agreement, with the exception of Grant
Adjustment Notices (GANs), 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 contract
agreement, or their successors in office.
(b) Grant Adjustment Notices (GANs) GANs must be approved by the State in writing, and require a
written change request by the Grantee. A GAN may be used for the purposes of transferring budget
amounts between line items that do not change the contract value, or other grant status activity.
All other changes require a formal amendment as stated in paragraph 7.2(a).
7.3 Waiver If the State fails to enforce any provision of this grant contract agreement, that failure does not
waive the provision or the State’s right to enforce it.
7.4 Grant Contract Agreement Complete This grant contract agreement contains all negotiations and
agreements between the State and the Grantee. No other understanding regarding this grant contract
agreement, whether written or oral, may be used to bind either party.
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8 Liability
Subject to the provisions and limitations of Minn. Stat. § 466, the Grantee must indemnify, save, and hold
the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees
incurred by the State, arising from the performance of this grant contract agreement by the Grantee or the
Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may
have for the State's failure to fulfill its obligations under this grant contract agreement.
9 Accounting
Under Minn. Stat. § 16B.98, subd. 8, the Grantee’s books, records, documents, and accounting procedures
and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject
to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum
of six years from the end of this grant contract agreement, receipt and approval of all final reports, or the
required period of time to satisfy all state and program retention requirements, whichever is later.
The Grantee shall maintain adequate financial records consistent with generally accepted accounting
principles. The Grantee shall submit accounting system records that track the use of grant proceeds and all
matching funds by eligible Project Costs for each year in which grant disbursement and expenditures were
made. The records shall reflect both expenditures and revenues and shall be submitted after all grant
proceeds and matching funds have been expended or at the State’s request.
10 Government Data Practices and Intellectual Property Rights
10.1 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13, as it applies to all data provided by the State under this grant contract agreement, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this grant contract agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of
the data referred to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must
immediately notify the State. The State will give the Grantee instructions concerning the release of the
data to the requesting party before the data is released. The Grantee’s response to the request shall
comply with applicable law.
10.2 Intellectual Property Rights
The Grantee represents and warrants that Grantee’s intellectual property used in the performance of
this Contract does not and will not infringe upon any intellectual property rights of other persons or
entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the
Attorney General; and hold harmless the State, at the Grantee’s expense, from any action or claim
brought against the State to the extent that it is based on a claim that all or part of Grantee’s intellectual
property used in the performance of this Contract infringe upon the intellectual property rights of
others. The Grantee will be responsible for payment of any and all such claims, demands, obligations,
liabilities, costs and damages, including but not limited to, attorney fees. If such a claim or action
arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s
discretion, either procure for the State the right or license to use the intellectual property rights at issue
or replace or modify the allegedly infringing intellectual property as necessary and appropriate to
obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of
other remedies provided by law.
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11 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 State
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 State’s obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity
Any publicity regarding the subject matter of this grant contract agreement must identify the State as
the sponsoring agency. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the
Grantee individually or jointly with others, or any subcontractors, with respect to the program,
publications, or services provided resulting from this grant contract agreement. For DEED logos and
formatting, please contact Laura Winge at 651-259-7173 or laura.winge@state.mn.us.
12.2 Endorsement
The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions,
governs this grant contract. Venue for all legal proceedings out of this grant contract agreement, or its
breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,
Minnesota.
14 Termination
14.1 Termination by the State. The State may immediately terminate this grant contract agreement with or
without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
14.2 Termination for Cause. The State may immediately terminate this grant contract agreement if the
State finds that there has been a failure to comply with the provisions of this grant contract agreement,
that reasonable progress has not been made or that the purposes for which the funds were granted have
not been or will not be fulfilled. To validate that reasonable progress has been made, a Payment
Request, as outlined in Section 4.2 must be submitted to the State before June 30, 2023, or the State’s
obligation to fund the Grant may be terminated. These invoices must be for eligible cleanup costs and
does not include investigation costs incurred prior to the grant award. The State may take action to
protect the interests of the State of Minnesota, including the refusal to disburse additional funds and
requiring the return of all or part of the funds already disbursed.
14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract
agreement if:
(a) It does not obtain funding from the Minnesota Legislature; or,
(b) If funding cannot be continued at a level sufficient to allow for the payment of the services covered
here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay
for any services that are provided after notice and effective date of termination. However, the
Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penalty if the
contract is terminated because of the decision of the Minnesota Legislature, or other funding
source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding
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within a reasonable time of the State’s receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its
social security number, federal employer tax identification number, and/or Minnesota tax identification
number, already provided to the State, to federal and state tax agencies and state personnel involved in the
payment of state obligations. These identification numbers may be used in the enforcement of federal and
state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent
state tax liabilities, if any.
Other Provisions
16 Reporting
Grantee must submit to the State annual reports on the use of funds and the progress of the Project covering
July 1st through June 30th of each year. The reports must be received by the State no later than July 25th of
each year. The reports must identify specific Project goals listed in the application and quantitatively and
qualitatively measure the progress of such goals. Grant payments shall not be made on grants, or subsequent
grant awards made to the grantee, with past due progress reports. In addition, the Grantee shall submit a
final report. The State will provide reporting forms.
17 Conflict of Interest
The State will take steps to prevent individual and organizational conflicts of interest in reference to
Grantees per Minn. Stat. § 16B.98 and Department of Administration, Office of Grants Management, Policy
Number 08-01 Conflict of Interest Policy for State Grant-Making. When a conflict of interest concerning
State grant-making is suspected, disclosed, or discovered, transparency shall be the guiding principle in
addressing it.
In cases where a potential or actual individual or organizational conflict of interest is suspected, disclosed,
or discovered by the Grantee throughout the life of the grant contract agreement, they must immediately
notify the State for appropriate action steps to be taken, as defined above.
18 Minnesota Business Subsidy Law
The Grantee must comply, if appropriate, with the Minnesota Business Subsidy Law, Minn. Stat.
§§ 116J.993 – 116J.995.
19 State and Federal Environmental Standards
The Grantee must provide evidence that work performed under this grant contract agreement complies with
state and federal environmental standards. An approval from the Minnesota Pollution Control Agency or
other appropriate state or federal agency is required upon completion of the cleanup activities.
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1. STATE ENCUMBRANCE VERIFICATION 3. STATE OF MINNESOTA
Individual certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15.By: ______________________________________________
(WITH DELEGATED AUTHORITY)
Signed: ___________________________________________ Title: _____________________________________________
Date: _____________________________________________ Date: _____________________________________________
SWIFT Contract/PO No(s):____________________________
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee as
required by applicable articles, bylaws, resolutions, or ordinances.
By: ________________________________________________
Name and Title: SHEPARD M. HARRIS, MAYOR
Date: SEPTEMBER 20, 2022
By: ________________________________________________
Name and Title: TIMOTHY J. CRUIKSHANK
CITY MANAGER
Date: SEPTEMBER 20, 2022
Grantee: city of Golden Valley
Grant Name: Business Center
Grant Number: CCGP-22-0007-Z-FY22
Distribution:
Agency
Grantee
State’s Authorized Representative - Photo Copy
7/21/22
215975 PR 71565 PO 3-480117
RESOLUTION NO. 22-078
RESOLUTION AUTHORIZING FUNDING DISBURSEMENT AGREEMENT BETWEEN
GOLDEN VALLEY AND UNITED PROPERTIES LLC FOR METROPOLITAN COUNCIL
TBRA CLEANUP GRANT
WHEREAS, the City of Golden Valley and United Properties LLC have partnered on
an application for grant funding from the Metropolitan Council and such funding has been
awarded to the City in the amount of $464,400, and,
WHEREAS, the grant is to allow for financial assistance associated with site cleanup
activities at 6300 Olson Memorial Highway as part of the Optum Health Building
Redevelopment Project being conducted by United Properties LLC, and,
WHEREAS, the Funding Disbursement Agreement is for the purpose of managing a
pass-through grant from the Metropolitan Council TBRA Program and maintaining proper
recordkeeping of requests for grant dollars by United Properties LLC, and,
WHEREAS, the Funding Disbursement Agreement clarifies roles and responsibilities
for the participating parties, including annual work plans, financial reporting, and any
potential changes in participation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, to authorize the Funding Disbursement Agreement between Golden Valley and
United Properties LLC for Metropolitan Council TBRA Cleanup Grant.
Adopted by the City Council of Golden Valley, Minnesota this 20th day of September 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
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Grant Number: ____________
FUNDING AGREEMENT BETWEEN
CITY OF GOLDEN VALLEY
AND
6300 OLSON MEMORIAL HIGHWAY OWNER LLC
FOR THE
TAX BASE REVITALIZATION ACCOUNT CLEANUP PROGRAM
(Business Center Project)
THIS FUNDING AGREEMENT, entered into as of this 20th day of September 2022 by and between
the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation (herein called the
“City”), and 6300 Olson Memorial Highway Owner LLC, a Delaware limited liability company (herein called
the
“Grantee”).
WHEREAS, in cooperation with Grantee, the City has made application (the “Application”) to and
received funds in the amount of $464,400 from the Metropolitan Council (“Met Council”) under its Tax Base
Revitalization Account Cleanup Grant (the “TBRA Grant”); and
WHEREAS, the City desires to award proceeds of the TBRA Grant in the amount of $464,400 (the
“Subgrant”) to Grantee, to assist Grantee with certain assessment and/or remediation activities necessary for the
development of the Golden Valley Business Center (the “Development”) on the real property described on
Exhibit A (the “Property); and
WHEREAS, Grantee has paid a City-imposed non-refundable non-reimbursable grant administration
fee to the City of $3,000.
NOW, THEREFORE, it is agreed between the parties hereto that:
1.AWARD. The City hereby awards the Subgrant to Grantee for the project described in that certain Grant
No. SG—17698 between the City and Met Council attached hereto as Exhibit B-1 and incorporated
herein (the “TBRA Grant Agreement”). The Subgrant must be used exclusively to pay or reimburse
actual project costs as reflected in the budget incorporated into the TBRA Grant Agreement (the
“Project”). Notwithstanding anything herein to the contrary, Grantee understands and agrees that any
reduction or termination of the TBRA Grant may result in a like reduction or termination of the
Subgrant, and that any material change in the scope of the Project, the Development description or the
budget in the TBRA Grant Agreement must be approved in writing by the City and Met Council.
Specifically, without limiting the general applicability of the foregoing, if any budget line item is
exceeded, an amendment to the TBRA Grant Agreement must be requested before any additional draws
will be processed.
2.PERFORMANCE MONITORING. Grantee must comply with all requirements in the TBRA Grant
Agreement and submit any reporting information on the Project or the Development that is requested by
Met Council or the City. Grantee must quarterly, and upon request, report to the City on progress
toward the Development Milestones outlined in Exhibit B-2 attached hereto. Without limiting the
foregoing, Grantee shall submit semi-annual reports (on or before January 10th and July 10th of each
year) in the form required by Met Council to the City on the distribution of funds and the progress of the
Project for the reporting period. The report shall identify specific project goals listed in the Project’s
application for the TBRA funds and qualitatively measure the progress of such goals. The City will
monitor Grantee’s performance against the Development Milestones as well as goals and performance
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standards required in the Project's application for TBRA funds. Grantee shall submit a final report on
the grant-funded activities in the form provided by Met Council before the final disbursement of grant
funds will be approved. An annual follow up report following the completion of the project shall be
required April 1st of the year following the expiration of the grant, and the same date of the next three
succeeding years. A default under the TBRA Grant Agreement will constitute noncompliance with this
Funding Agreement.
3. An approval from the Minnesota Pollution Control Agency (MPCA) or other appropriate State or
Federal agency is required upon completion of the cleanup activities at the site. For purposes of this
Funding Agreement, “Site” means the polluted land proposed by Grantee to be cleaned up. Upon
completion of the Site cleanup, Grantee will provide the City:
A. For hazardous waste or substance contamination, a copy of a certificate of completion for the
Site issued by the MPCA pursuant to Minnesota Statutes section 115B.175, or a letter from the
MPCA indicating that the approved voluntary response action plan for the Site has been
implemented to the satisfaction of the Agency and that the Agency is issuing a determination
that no further action is required under Minnesota Statutes section 115B.01 to 115B.08 to
address the identified release; or
B. For asbestos contamination, either: ( 1) a copy of a statement from Grantee’s licensed asbestos
abatement contractor that the project-specific asbestos project plan and asbestos-related work
for the Site have been completed in accordance with the rules of the Minnesota Department of
Health; or (2) a final asbestos abatement implementation report that shows the project-specific
asbestos project plan and asbestos-related work for the Site have been completed in accordance
with the rules of the Minnesota Department of Health; or
C. For petroleum contamination, a copy of a site closure letter issued by the MPCA pursuant to
Minnesota Statutes chapter 115C; or
D. For lead abatement or regulated lead work: (1) a copy of the contractor firm certification to
conduct lead-based paint activities in residential or child-occupied facilities per Code of Federal
Regulations, Title 40, section 745.89 and Minnesota Statutes section 144.9505; and (2) a
statement of other documentation from the certified contractor that the lead abatement or
regulated work at the Site has been completed in accordance with applicable provisions of Code
of Federal Regulations, Title 40, part 745 and state laws, rules and standards governing lead
abatement according to the Lead Poisoning Prevention Act, Minnesota Statutes sections
144.9501 to 144.9512 and Minnesota Rules parts 7461.2000 to 4761.2700.
If the City or Met Council finds that there has been a failure to comply with the provisions of this
Funding Agreement or that reasonable progress on the Project or the Development has not been or will
not be made, the City may take action to protect its interests, including refusal to disburse additional
funds and requiring the return of all or part of the funds already disbursed. If action to correct such
substandard performance is not taken by Grantee within twenty-five (25) calendar days (or such longer
period specified by the City) after being notified by the City, the City may terminate this Funding
Agreement. Termination of this Funding Agreement does not alter the City’s authority to recover grant
funds on the basis of a later audit or other review, and does not alter Grantee’s obligation to return any
grant funds due to the City as a result of later audits or corrections. If the City determines Grantee has
failed to comply with the terms and conditions of this Funding Agreement and the applicable provisions
of the Metropolitan Livable Communities Act, the City may take any action to protect the City and Met
Council’s interests and may refuse to disburse additional grant funds and may require Grantee to return
all or part of the grant funds already disbursed.
Notwithstanding anything in this Funding Agreement to the contrary, if for any reasons other than solely
the City’s negligence in managing the TBRA Grant funds, Met Council requires the City to repay any or
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all of the TBRA Grant Funds, Grantee unconditionally guarantees that it will repay whatever funds are
required to be returned to Met Council within ten (10) days after written notification of Met Council’s
requirement, and agrees to pay any and all expenses incurred by the City in enforcing this provision.
Grantee hereby expressly and irrevocably waives all defenses in any action brought by the City to
enforce this provision based on claims of waiver, release, surrender, alteration or compromise. This
provision shall survive expiration or termination of this Funding Agreement.
4. TIME OF PERFORMANCE. Grantee shall complete the Project between September 20, 2022 (the “Start
Date”) and June 30, 2025 (the “End Date”) and complete the Development in a timely manner. In order
to ensure funds are drawn prior to the End Date, completed disbursement requests must be received by
the City at least forty-five (45) days prior to the End Date. This Funding Agreement may be cancelled
by the City upon forty-five (45) days’ notice to Grantee without cause. In the event of such
cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services
satisfactorily performed up to the effective date of such cancellation. Cancellation does not alter the
City’s or Met Council’s authority to recover Subgrant funds on the basis of a later audit or other review,
and does not alter Grantee’s obligation to return any Subgrant funds due to the City or Met Council as a
result of later audits or corrections.
5. CONDITIONS PRECEDENT TO DISBURSEMENT. The following requirements shall be conditions
precedent to the City’s disbursement of any of the proceeds of the Subgrant.
A. Grantee shall have provided evidence satisfactory to the City showing that Grantee has title in
fee simple and site control of the Property.
B. Grantee shall have deposited in escrow with a title insurance company or otherwise have
available to the satisfaction of the City, equity, loan proceeds or other funds sufficient together
with the Subgrant to pay all unpaid Project costs.
C. Grantee shall have provided the City with evidence of compliance with the insurance
requirements of Section 7.F herein.
D. The City shall have reasonably approved the entities that will be under contract with Grantee to
complete the Project.
E. Grantee shall have provided evidence satisfactory to the City that Grantee has obtained
financing sufficient for the construction of the Development when combined with cash
resources deposited in escrow with a title insurance company or otherwise reasonably available
and dedicated to the Development.
F. Grantee shall have provided to the City such evidence of compliance with all of the provisions
of this Funding Agreement as the City may reasonably request.
6. DISBURSEMENT. It is expressly agreed and understood that the total amount to be paid by the City
under this Funding Agreement will not exceed $464,400. At a minimum, a Disbursement Request Form
shall be submitted by Grantee annually by June 10, even if such Disbursement Request Form is for
$0.00. The City will make disbursements no more often than monthly and only upon receipt of a
written disbursement request from Grantee acceptable to the City and Met Council which shall include:
A. A completed and executed disbursement request, in the form, including the Livable
Communities Grant Payment Request and Project Status Report, attached as Exhibit C (the
“Disbursement Request Form”), accompanied by itemized invoices from each provider to be
4
paid or cost to be reimbursed, whether such costs are being reimbursed by the Subgrant funds or
not, with specific reference to the eligible Project line item. Include copies of all bids,
proposals and change orders for all invoiced work items, including rate sheets and pricing
where available if not previously submitted.
B.A cover letter addressed to the City’s contract representative explaining the work being
invoiced, Project progress to date, and the work to be completed (with the estimated date of
completion) along with Grantee’s certification that to the best of its knowledge, Grantee expects
to complete the Project and Development in a timely fashion and consistent with the
Application and the TBRA Grant Agreement or, any amended Project and Development
description approved in writing by Met Council.
C.Copies of all environmental reports, Minnesota Pollution Control Agency correspondence and
other documents related to the Project if not previously submitted to the City, including but not
limited to:
a.Contaminated fill disposal documentation (showing unit rates, one manifest per truck
per load, and weight/load tickets); and
b.A spreadsheet matching manifest, load tickets and final weights; and
c.Consultant/contractor invoices showing the time period covered by the invoice; the
specific grant-funded Project activities conducted or completed during the authorized
time period within which eligible costs may be incurred; and documentation supporting
expenses including subcontractor and consultant invoices showing unit rates and
quantities. Subcontractor markups shall not exceed ten percent (10%).
Collectively, the foregoing shall be referred to as a “Disbursement Request.”
The City shall, upon its approval of the Disbursement Request, forward the TBRA Payment Request
Form to Met Council for approval. Met Council is the final arbiter of what costs are eligible for
reimbursement. Upon Met Council approval of the TBRA Payment Request Form and disbursement of
the approved amounts of TBRA Grant funds, the City shall disburse the Met Council-approved amount
of Subgrant funds to ______________ (“Title”). Title shall disburse the Subgrant funds in accordance
with the information provided in the Disbursement Request.
7.NOTICES. Communication and details concerning this Funding Agreement shall be directed to the
following contract representatives:
City: Marc Nevinski
City of Golden Valley
Physical Development Department
7800 Golden Valley Rd
Golden Valley, MN 55427 Phone:
763-593-8008
5
Grantee: ______________________
______________________
______________________
Minneapolis, MN 55____
Phone: ________________
8. RECOVERY AND REPAYMENT
A. Recovery of Funds. If the Grantee recovers funds pursuant to an action under
Minnesota Statutes section 115B.04, or other law, to recover the reasonable and necessary
Project Costs incurred to clean up the Site, Grantee shall repay to the City that portion of the
grant as provided in Section 8.D.
B. Assignment of Rights. Upon request of the City, Grantee shall assign to the City and Met
Council the Grantee’s right to recover the funds described in Section 8.A, shall prepare
and submit a certification of the Project Costs incurred, and shall cooperate in any cost
recovery action brought by Met Council.
C. Expenses of Recovery. The reasonable litigation expenses or other costs of legal or technical
assistance incurred by Grantee, the City, or Met Council, or all, may be deducted from recovery
obtained in accordance with Sections 8.A or 8.B and reimbursed to the entity incurring
such costs before proceeds of the recovery are distributed in accordance with Section 8.D.
D. Reimbursement. Subject to the deduction provided in Section 8.C., amounts recovered either by
Grantee or Met Council from responsible persons and all other amounts otherwise received by
Grantee or Met Council for cleanup of the Site shall be used to reimburse Grantee, Met Council,
or any other nonresponsible party who contributed funds for cleanup of the Site in proportion to
their respective payments for response costs
E. Survival of Recovery and Repayment Provisions. The provisions of Sections 8.A through 8.D
shall survive the expiration or termination of this Funding Agreement.
9. GENERAL CONDITIONS.
A. Amendments and Extension. The City and Grantee may amend this Funding Agreement by
mutual agreement. Amendments or an extension of this Funding Agreement shall be effective
only on the execution of written amendments signed by the authorized representatives of the
City and Grantee. If Grantee needs a change to the Project, additional time within which to
complete the grant-funded activities and commence the Project, a change in the budget, or a
change in grant-funded activities Grantee must submit to the City AT LEAST ONE
HUNDRED AND TWENTY (120) DAYS PRIOR TO THE EXPIRATION DATE , a
complete written amendment request. All requirements must be met for the request to be
considered complete. THE EXPIRATION DATE MAY BE EXTENDED, BUT THE
PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO (2) YEARS BEYOND
THE ORIGINAL EXPIRATION DATE IDENTIFIED ON PAGE 1 OF THE TBRA
GRANT AGREEMENT.
B. General Compliance. Grantee agrees to comply with all applicable federal, state and local laws
and regulations governing the Project and Development and funds provided under this Funding
Agreement, including without limitation the federal Hazardous Waste Operations and
Emergency Response Standards (29 C.F.R. 1910.120 and 29 C.F.R. 1926.65).
6
C. Independent Grantee. Nothing contained in this Funding Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. Grantee shall at all times remain an independent contractor with respect to
the services to be performed under this Funding Agreement. The City shall be exempt from
payment of all unemployment compensation, FICA, retirement, life and/or medical insurance
and workers’ compensation insurance as Grantee is an independent contractor.
D. Indemnification and Hold Harmless. Subject to the limitations provided in Minnesota Statutes
chapter 466, to the fullest extent permitted by law, Grantee shall hold harmless, defend and
indemnify the City and Met Council from any and all liability, claims, actions, suits, charges,
damages, losses, costs, expenses, and judgments whatsoever, including reasonable attorney’s
fees, that arise directly or indirectly out of Grantee’s, its contractors or subcontractors
performance or nonperformance of the services or subject matter called for in this Funding
Agreement. This clause shall not be construed to bar any legal remedies Grantee may have for
the City’s or Met Council’s failure to fulfill its obligations pursuant to this Funding Agreement.
Claims included in this indemnification include, without limitation, any claims asserted
pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota
Statutes, Chapter 115B, the Federal Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42, Sections 9601
et. seq., and the Federal Resource Conservation and Recovery Act of 1976 (RCRA) as
amended, United States Code, title 42, Sections 6901 et seq. This indemnification shall not be
construed as a waiver on the part of either the City or Met Council of any immunities or limits
on liability provided by Minnesota Statutes Chapter 466 or other applicable state or federal law.
E. Workers’ Compensation. Grantee shall provide workers’ compensation insurance coverage for
all employees involved in the performance of this Funding Agreement.
F. Insurance. Grantee shall maintain (i) commercial general liability insurance for completed
operations and contractual liability from its contractor(s) performing the Project work in an
amount not less than $2,000,000 per occurrence with aggregate per project coverage of
$2,000,000 and which may be satisfied under a primary policy or by such primary policy in
combination with the limits afforded by an umbrella or excess liability policy provided
coverage is at least as broad in all material respects as that afforded by the underlying primary
policy; (ii) automobile liability coverage in an amount not less than $1,000,000 (combined
single limit) for owned, hired and non-owned automobiles and both of the foregoing policies
shall name the City and Met Council as additional insureds; (iii) workers compensation
insurance meeting statutory limits; and (iv) sufficient property insurance coverage to protect the
Development from loss by fire and other hazards covered by the so-called “all-risk” form of
policy in an amount reasonably acceptable to the City. Grantee shall provide certificates
evidencing the foregoing insurance coverages to the City prior to commencement of the Project.
Grantee shall immediately forward to the City any notices it receives of cancellation or
revocation of the foregoing policies.
G. Restrictions on Loans or Grants. Grantee shall not use the grant funds for loans or grants to any
other party unless Grantee obtains the prior written consent of the City and Met Council.
H. Permits, Bonds and Approvals. The City assumes no responsibility for obtaining any applicable
local, state, or federal licenses, permits, bonds, authorizations or approvals necessary to perform
or complete the Project activities. Grantee and its contractors must comply with all applicable
7
licensing, permitting, bonding, authorization, and approval requirements of federal, state and
local governmental and regulatory agencies, including conservation districts.
I. Stormwater Discharge and Water Management Plan Requirements. If any grant funds are used
for urban site redevelopment, Grantee shall at such redevelopment site meet or require to be met
all applicable requirements of: (a) Federal and state laws relating to stormwater discharges
including, without limitation, any applicable requirements of Code of Federal Regulations, Title
40, parts 122 and 123; and (b) Met Council’s 2040 Water Resources Policy Plan and the local
water management plan for the jurisdiction within which the redevelopment site is located.
10. ADMINISTRATIVE REQUIREMENTS.
A. Accounting Standards. Grantee agrees to maintain the necessary source documentation and
enforce sufficient internal controls as dictated by generally accepted accounting practices to
properly account for expenses incurred under this Funding Agreement.
B. Records.
1. Retention. Grantee shall retain all records pertinent to expenditures incurred under this
Funding Agreement and related to activities conducted in conjunction with the Project
and Development including the application materials completed by Grantee and any
Response Action Plan and environmental compliance correspondence or documentation
until conclusion of the latest of (a) six (6) years after Grantee has completed the
Development; or (b) six (6) years after Grantee has expended all proceeds of the
Subgrant; or (c) six (6) years after the resolution of all audit findings. Records for
nonexpendable property acquired with funds under this Funding Agreement shall be
retained for six (6) years after final disposition of such property. Records for any
displaced person must be kept for six (6) years after he/she has received final payment.
2. Inspections. All Grantee records with respect to any matters covered by this Funding
Agreement shall be made available to the State Auditor, the City, Met Council or their
designees at any time during normal business hours, as often as the City or Met Council
deems necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Pursuant to Minnesota Statutes 16C.05, subdivision 5, the books, records,
documents and accounting procedures and practices of Grantee that are relevant to this
Funding Agreement are subject to examination by the City, Met Council, and either the
Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years
after completion of the Project.
3. Audits. Grantee shall have an annual financial compliance audit conducted if required
by and in accordance with the City’s applicable audit policies. Any deficiencies noted
in such audit reports or audit/monitoring reports issued by the City or its designees must
be fully cleared by Grantee within a reasonable time period after a request has been
received from the City. Failure of Grantee to comply with the provisions of this
paragraph will constitute a violation of this Funding Agreement and may result in the
withholding of future payments or the requirement for Grantee to return all or part of
the funds already disbursed.
4. Data Practices Act. Grantee shall comply with the Minnesota Government Data
Practices Act, Chapter 13. If Grantee receives a request to release data, Grantee shall
8
immediately notify the City. The City will give Grantee instructions concerning the
release of the data to the requesting party before the data is released.
5. Close-Outs. Grantee’s obligation to the City shall not end until all close-out
requirements are completed. Activities during this close-out period shall include, but
are not limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the City), providing the City with copies of any
Project correspondence or documentation upon request, determining the custodianship
of other records and resolving audit findings.
C. Payments. The City will pay to Grantee funds available under this Funding Agreement based
upon information submitted by Grantee and consistent with any approved budget and City
policy concerning payments. In addition, the City reserves the right to liquidate funds available
under this Funding Agreement for costs incurred by the City on behalf of Grantee.
D. Procurement. Grantee shall comply with current City policy concerning the purchase of
equipment and shall maintain an inventory record of all nonexpendable personal property as
defined by such policy as may be procured with funds provided herein. All unexpended
program income shall revert to the City upon termination of this Funding Agreement.
E. Warranty of Legal Capacity. The individuals signing this Funding Agreement on behalf of
Grantee and on behalf of the City represent and warrant on Grantee’s and the City’s behalf
respectively that the individuals are duly authorized to execute this Funding Agreement on
Grantee’s and the City’s behalf respectively and that this Funding Agreement constitutes
Grantee’s and the City’s valid, binding and enforceable agreements.
11. PERSONNEL AND PARTICIPANT CONDITIONS.
A. Equal Employment Opportunity. Grantee agrees for itself and its successors and assigns, that
during the term of this Funding Agreement:
1. Grantee will comply with the applicable provisions of federal, state and local laws,
rules and regulations regarding equal employment opportunities, including
nondiscrimination provisions contained in Chapter 181, Minnesota Statutes, the
Americans with Disabilities Act of 1990 (as amended), Section 109 of the Housing and
Community Development Act of 1974 (as amended), the Age Discrimination Act of
1975 (as amended) and Executive Order 11246, as amended by Executive Order 12086.
2. In the event of Grantee’s noncompliance with these nondiscrimination clauses, this
Funding Agreement may be cancelled, terminated, or suspended, in whole or in part,
and Grantee may be declared ineligible by the City from any further participation in
City contracts in addition to other remedies as provided by law.
B. Conduct.
1. Assignability. Grantee shall not assign or transfer any interest in this Funding
Agreement (whether by assignment or novation) without the prior written consent of the
City; provided, however, that claims for money due or to become due to Grantee from
the City under this Funding Agreement may be assigned to a bank, trust company, or
9
other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the City.
2. Subcontracts.
(a) Selection Process. Grantee shall undertake to ensure that all subcontracts let in
the performance of this Funding Agreement are awarded on a fair and open
competition basis. Executed copies of all subcontracts along with
documentation concerning the selection process shall be forwarded to the City
upon request.
(b) Monitoring. The City may monitor subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts will be summarized
in written reports and supported with documented evidence of follow -up
actions taken to correct areas of noncompliance.
(c) OSHA. Grantee shall require that contractors performing work being paid with
the Subgrant be in compliance with all applicable state and federal laws and
regulations regarding employment and workplace safety, including but not
limited to OSHA regulations, especially the Federal Hazardous Waste
Operations and Emergency Response Standards (29 C.F.R. 1910.120 and 29
C.F.R. 1926.65).
3. Conflict of Interest. The members, officer and employees of Grantee shall comply with
all applicable state statutory and regulatory conflict of interest laws and provisions.
12. MISCELLANEOUS.
A. Copyright. If this Funding Agreement results in any copyrightable material, the author is free to
copyright the work, but the City and/or Met Council reserves the right to royalty-free,
nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use, the work for government purposes.
Grantee certifies that Grantee: (a) is the owner of any renderings, images, perspectives,
sections, diagrams, photographs or other copyrightable materials (collectively, “copyrightable
materials”) that are in Grantee’s application, or are submitted to the City as part of the grant
application renew process or after grand award, or that Grantee is fully authorized to grant
permissions regarding the copyrightable materials; and (b) the copyrightable materials do not
infringe upon the copyrights of others. Grantee agrees the City and Met Council have a
nonexclusive royalty-free license and all necessary permissions to reproduce and publish the
copyrightable materials for noncommercial purposes, including but not limited to press releases,
presentations, reports, and on the internet. Grantee also agrees Grantee will not hold the City or
Met Council responsible for the unauthorized use of the copyrightable materials by third parties.
B. Religious Organization. Grantee agrees that funds provided under this Funding Agreement will
not be utilized for religious activities, to promote religious interests, or for the benefit of a
religious organization.
C. Plain Language Law. To the extent applicable, Grantee shall comply with provisions of the
plain language law requiring written material produced for applicants and recipients to be
10
understandable to a person of average intelligence and education (Minnesota Statutes, Section
116J.0124, 2009 [formerly Section 268.0124, 1988]).
D. Governing Law. This Funding Agreement shall be governed by, and construed in accordance
with, the laws of the State of Minnesota.
E. Counterparts. This Funding Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one and the
same agreement.
F. Electronic Signatures. The electronic signatures of the City’s and Grantee’s authorized
representatives shall be valid as an original signature of the authorized representatives and shall
be effective to bind the City and Grantee under this Funding Agreement. This Funding
Agreement containing, or to which there is affixed, an electronic signature shall be deemed to:
(a) be “written” or “in writing”; (b) have been signed; and (c) constitute a record established and
maintained in the ordinary course of business and an original written record when printed from
electronic files. “Electronic signature” also means a manually signed original signature that is
then transmitted by any electronic means, including without limitation a faxed version of an
original signature or an electronically scanned and transmitted version (e.g., via PDF) of an
original signature. The City’s or Grantee’s failure to produce the original signature of any
electronically transmitted signature shall not affect the enforceability of this Funding
Agreement.
G. Billboards. No Subgrant funds may be used by Grantee to pay for billboard advertising.
H. Job Listing Agreements. Minn. Stat. § 116L.66, Subd. 1, requires a business or private
enterprise to list any vacant or new positions with the State Workforce Center if it receives
$200,000 or more a year in grant funds derived from the State. If applicable, and for the term of
this Funding Agreement, the business or private enterprise shall list any job vacancy in its
personnel complement with MinnesotaWorks.net@www.minnesotaworks.net as soon as it
occurs.
I. Minnesota Business Subsidy Act. In addition to the requirements of Section 2 hereof, Grantee
agrees to comply with the reporting requirements of the Minnesota Business Subsidy Act as
outlined in Section 116J.994, Subd. 7(c). Grantee agrees to annually report to the City on the
progress of the Project for two years after the date of this Funding Agreement or until the
Project is completed, whichever is later. Such annual report must be filed with the City no later
than March 1 of each year reporting on progre ss from the previous year. Grantee must report on
(i) the type, public purpose and amount of financial assistance that was provided for the Project;
(2) progress towards meeting the Project and Development goals of this Funding Agreement;
and (3) the location of Grantee prior to receiving the assistance being provided under this
Funding Agreement.
If Grantee does not timely submit the foregoing report, the City will mail a warning to Grantee.
If, after 14 days of the warning, Grantee does not provide the required report, Grantee shall pay
to the City a penalty of $100 for each subsequent day until the report is filed, up to a maximum
annual penalty of $1,000.
J. Publicity. Grantee will acknowledge the financial assistance provided by Met Council in
promotional materials, press releases, reports and publications relating to the Project activities
11
which are funded in whole or in part with the grant funds. The acknowledgement will contain
the following or comparable language:
Financing for this project was provided by the Metropolitan Council Metropolitan Livable
Communities Fund.
Until the Project activities funded by this Funding Agreement are complete, Grantee will ensure
the above acknowledgement language, or alternative language approved by Met Council’s
authorized agent, is included on all signs (if any) located at the Project or construction sites that
identify Project funding partners or entities providing financial support for the Project. The
acknowledgments and signage should refer to the “Metropolitan Council” (not “Met Council”
or “Metro Council”).
(Signature pages follow.)
(Signature page to Funding Agreement)
IN FURTHERANCE WHEREOF, the parties have executed this Funding Agreement as of the
date first written above.
CITY OF GOLDEN VALLEY
By:
Shepard Harris, Mayor
By:
Timothy Cruikshank, City Manager
(Signature page to Funding Agreement)
6300 OLSON MEMORIAL HIGHWAY
OWNER LLC
__________________________________
Fed. I.D. # _______________
By:
Its:
ACKNOWLEDGMENT OF TITLE
_________________________ hereby acknowledges and accepts the obligations of “Title” under
the attached Funding Agreement dated as of _______________, 20____, between 6300 Olson Memorial
Highway Owner LLC and the City of Golden Valley.
IN FURTHERANCE WHEREOF, the undersigned has hereunto set its hand as of this ______
day of _______________ 20____.
By
Its
EXHIBIT A
PROPERTY DESCRIPTION
EXHIBIT B-1
TBRA GRANT AGREEMENT AND ATTACHMENTS
(See attached.)
EXHIBIT B-2
DEVELOPMENT MILESTONES
ACTIVITY DATE
EXHIBIT C
DISBURSEMENT REQUEST FORM
(See attached.)
1
DISBURSEMENT REQUEST FORM
( )
Number
Date
The undersigned, pursuant to that certain TBRA Contamination Clean-up Funding Agreement
dated September 20, 2022, (the “Funding Agreement”), by and between the City of Golden Valley (the
“City”) and 6300 Olson Memorial Highway Owner LLC (the “Grantee”), hereby certifies and requests
as follows:
1.Grantee requests that the following amounts be paid to ____________________ (“Title”) to be
disbursed to the payees listed in the Livable Communities Grant Payment Request and Project
Status Report from the Subgrant funds as described in the Funding Agreement.
2.Attached hereto are itemized invoices with respect to each item for which payment is requested
pursuant to paragraph 1 hereof.
3.Grantee certifies that the disbursements are for eligible costs as described in the Funding
Agreement.
4.Consistent with the terms defined in the Funding Agreement, Grantee certifies that to the best of
its knowledge, Grantee expects to complete the Project and Development in a timely fashion and
consistent with the TBRA Grant Agreement or any amended Project and Development
description approved by Met Council.
5.Grantee hereby requests the City to approve this Disbursement Request and forward it to Title for
payment of the amounts listed in paragraph 1 hereof.
GRANTEE:
By:
Its:
By:
Its:
2
3
A P P R O V A L
This Disbursement Request is hereby approved by the City pursuant to Sections 5 and 6 of the
above-described Funding Agreement.
Dated: ____________________
CITY OF GOLDEN VALLEY
PHYSICAL DEVELOPMENT DEPARTMENT
By:
Marc Nevinski
Project Coordinator
RESOLUTION NO. 22-079
RESOLUTION AUTHORIZING FUNDING DISBURSEMENT AGREEMENT BETWEEN
GOLDEN VALLEY AND UNITED PROPERTIES LLC FOR MINNESOTA DEED
CLEANUP GRANT
WHEREAS, the City of Golden Valley and United Properties LLC have partnered on
an application for grant funding from the Minnesota Department of Employment and
Economic Development and such funding has been awarded to the City in the amount of
$644,325, and,
WHEREAS, the grant is to allow for financial assistance associated with site cleanup
activities at 6300 Olson Memorial Highway as part of the Optum Health Building
Redevelopment Project being conducted by United Properties LLC, and,
WHEREAS, the Funding Disbursement Agreement is for the purpose of managing a
pass-through grant from the Minnesota Department of Employment and Economic
Development and maintaining proper recordkeeping of requests for grant dollars by United
Properties LLC, and,
WHEREAS, the Funding Disbursement Agreement clarifies roles and responsibilities
for the participating parties, including annual work plans, financial reporting, and any
potential changes in participation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, to authorize the Funding Disbursement Agreement between Golden Valley and
United Properties LLC for Minnesota DEED Cleanup Grant.
Adopted by the City Council of Golden Valley, Minnesota this 20th day of September 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
1
FUNDING AGREEMENT BETWEEN
CITY OF GOLDEN VALLEY
AND
6300 OLSON MEMORIAL HIGHWAY OWNER LLC
FOR THE
DEED CONTAMINATION CLEANUP PROGRAM
(Business Center Project)
THIS FUNDING AGREEMENT, entered into as of this 20th day of September 2022 by and between
the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation (herein called the “City”), and 6300
Olson Memorial Highway Owner LLC, a Delaware limited liability company (herein called the
“Grantee”).
WHEREAS, in cooperation with Grantee, the City has made application (the “Application”) to and
received funds in the amount of $________ from the State of Minnesota Department of Employment and
Economic Development Division (“DEED”) under its Contamination Cleanup Program (the “DEED Grant”);
and
WHEREAS, the City desires to award proceeds of the DEED Grant in the amount of $________ (the
“Subgrant”) to Grantee, to assist Grantee with certain assessment and/or remediation activities necessary for the
development of a Golden Valley Business Center (the “Development”) on the real property described on
Exhibit A (the “Property); and
WHEREAS, Grantee has paid a City-imposed non-refundable non-reimbursable grant administration
fee to the City of $___________.
NOW, THEREFORE, it is agreed between the parties hereto that:
1.AWARD. The City hereby awards the Subgrant to Grantee for the project described in that certain Grant
Contract Agreement No. CCPG-22-0007-Z-FY22 between the City and DEED attached hereto as
Exhibit B-1 and incorporated herein (the “DEED Grant Agreement”). The Subgrant must be used
exclusively to pay or reimburse actual project costs as reflected in the budget incorporated into the
DEED Grant Agreement (the “Project”). Notwithstanding anything herein to the contrary, Grantee
understands and agrees that any reduction or termination of the DEED Grant may result in a like
reduction or termination of the Subgrant, and that any material change in the scope of the Project, the
Development description or the budget in the DEED Grant Agreement must be approved in writing by
the City and DEED. Specifically, without limiting the general applicability of the foregoing, if any
budget line item is exceeded, an amendment to the DEED Grant Agreement must be requested before
any additional draws will be processed.
2.PERFORMANCE MONITORING. Grantee must comply with all requirements in the DEED Grant
Agreement and submit any reporting information on the Project or the Development that is requested by
DEED or the City. Grantee must quarterly, and upon request, report to the City on progress toward the
Development Milestones outlined in Exhibit B-2 attached hereto. Without limiting the foregoing,
Grantee shall submit annual reports and a final report (on or before July 10th of each year) in the form
required by DEED to the City on the distribution of funds and the progress of the Project from the date
of this Funding Agreement through June 30th of each year. The report shall identify specific project
goals listed in the Project’s application for the DEED funds and qualitatively measure the progress of
such goals. The City will monitor Grantee’s performance against the Development Milestones as well
2
as goals and performance standards required in the Project's application for DEED funds. A default
under the DEED Grant Agreement will constitute noncompliance with this Funding Agreement. An
approval from the Minnesota Pollution Control Agency or other appropriate State or Federal agency is
required upon completion of the cleanup activities.
If the City or DEED finds that there has been a failure to comply with the provisions of this Funding
Agreement or that reasonable progress on the Project or the Development has not been or will not be
made, the City may take action to protect its interests, including refusal to disburse additional funds and
requiring the return of all or part of the funds already disbursed. If action to correct such substandard
performance is not taken by Grantee within twenty-five (25) calendar days (or such longer period
specified by the City) after being notified by the City, the City may terminate this Funding Agreement.
Notwithstanding anything in this Funding Agreement to the contrary, if for any reasons other than solely
the City’s negligence in managing the DEED Grant funds, DEED requires the City to repay any or all of
the DEED Grant Funds, Grantee unconditionally guarantees that it will repay whatever funds are
required to be returned to DEED within ten (10) days after written notification of DEED’s requirement,
and agrees to pay any and all expenses incurred by the City in enforcing this provision. Grantee he reby
expressly and irrevocably waives all defenses in any action brought by the City to enforce this provision
based on claims of waiver, release, surrender, alteration or compromise. This provision shall survive
expiration or termination of this Funding Agreement.
3. TIME OF PERFORMANCE. Grantee shall complete the Project between September 20, 2022 (the “Start
Date”) and June 30, 2025 (the “End Date”) and complete the Development in a timely manner. In order
to ensure funds are drawn prior to the End Date, completed disbursement requests must be received by
the City at least forty-five (45) days prior to the End Date. This Funding Agreement may be cancelled
by the City upon forty-five (45) days’ notice to Grantee without cause. In the event of such
cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services
satisfactorily performed up to the effective date of such cancellation. Cancellation does not alter the
City’s or DEED’s authority to recover Subgrant funds on the basis of a later audit or other review, and
does not alter Grantee’s obligation to return any Subgrant funds due to the City or DEED as a result of
later audits or corrections.
4. CONDITIONS PRECEDENT TO DISBURSEMENT. The following requirements shall be conditions
precedent to the City’s disbursement of any of the proceeds of the Subgrant.
A. Grantee shall have provided evidence satisfactory to the City showing that Grantee has title in
fee simple and site control of the Property.
B. Grantee shall have deposited in escrow with a title insurance company or otherwise have
available to the satisfaction of the City, equity, loan proceeds or other funds sufficient together
with the Subgrant to pay all unpaid Project costs.
C. Grantee shall have provided the City with evidence of compliance with the insurance
requirements of Section 7(E) herein.
D. The City shall have reasonably approved the entities that will be under contract with Grantee to
complete the Project.
E. Grantee shall have provided evidence satisfactory to the City that Grantee has obtained
financing sufficient for the construction of the Development when combined with cash
3
resources deposited in escrow with a title insurance company or otherwise reasonably available
and dedicated to the Development.
F. Grantee shall have provided to the City such evidence of compliance with all of the provisions
of this Funding Agreement and the DEED Grant Agreement as the City may reasonably request.
5. DISBURSEMENT. It is expressly agreed and understood that the total amount to be paid by the City
under this Funding Agreement will not exceed $644,325. At a minimum, a Disbursement Request Form
shall be submitted by Grantee annually by July 31, even if such Disbursement Request Form is for
$0.00. The City will make disbursements no more often than monthly and only upon receipt of a
written disbursement request from Grantee acceptable to the City and DEED which shall include:
A. A completed and executed disbursement request, in the form attached as Exhibit C (the
“Disbursement Request Form”), accompanied by itemized invoices from each provider to be
paid or cost to be reimbursed, whether such costs are being reimbursed by the Subgra nt funds or
not, with specific reference to the eligible Project line item. Include copies of all bids,
proposals and change orders for all invoiced work items, including rate sheets and pricing
where available if not previously submitted. The Disbursement Request Form shall include a
cover letter addressed to the City’s contract representative explaining the work being invoiced,
Project progress to date, and the work to be completed (with the estimated date of completion)
along with Grantee’s certification that to the best of its knowledge, Grantee expects to complete
the Project and Development in a timely fashion and consistent with the Application and the
DEED Grant Agreement or, any amended Project and Development description approved in
writing by DEED;
B. A completed DEED Payment Request Form in the form provided by the City. If Grantee, i) is
receiving grants for Project costs from more than one funding source, or ii) must provide a local
match, then City will provide a supplemental spreadsheet that Grantee must complete and
submit with the disbursement request; and
C. Copies of all environmental reports, Minnesota Pollution Control Agency correspondence and
other documents related to the Project if not previously submitted to the City.
Collectively, the foregoing shall be referred to as a “Disbursement Request.”
The amount of Subgrant funds requested under this Funding Agreement cannot exceed 75% of the total
approved Project costs incurred by Grantee as supported by invoices. The City shall, upon its approval
of the Disbursement Request, forward the DEED Payment Request Form to DEED for approval. DEED
is the final arbiter of what costs are eligible for reimbursement. Upon DEED approval of the DEED
Payment Request Form and disbursement of the approved amounts of DEED Grant funds, the City shall
disburse the DEED-approved amount of Subgrant funds to ______________ (“Title”). Title shall
disburse the Subgrant funds in accordance with the information provided in the Disbursement Request.
6. NOTICES. Communication and details concerning this Funding Agreement shall be directed to the
following contract representatives:
4
City: Marc Nevinski
City of Golden Valley
Physical Development Department
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: 763-593-8008
Grantee: ______________________
______________________
______________________
Minneapolis, MN 55____
Phone: ________________
7.GENERAL CONDITIONS.
A.Amendments.
1.Amendments Any amendments to this Funding Agreement agreement, with the exception
of Grant Adjustment Notices (GANs), 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 contract agreement, or their successors in office.
2.Grant Adjustment Notices (GANs) GANs must be approved by the State in writing, and
require a written change request by Grantee. A GAN may be used for the purposes of
transferring budget amounts between line items that do not change the contract value, or
other grant status activity. All other changes require a formal amendment as stated in
paragraph 7.A(2).
B.General Compliance. Grantee agrees to comply with all applicable federal, state and local laws
and regulations governing the Project and Development and funds provided under this Funding
Agreement, including without limitation the federal Hazardous Waste Operations and
Emergency Response Standards (29 C.F.R. 1910.120 and 29 C.F.R. 1926.65).
C.Independent Grantee. Nothing contained in this Funding Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. Grantee shall at all times remain an independent contractor with respect to
the services to be performed under this Funding Agreement. The City shall be exempt from
payment of all unemployment compensation, FICA, retirement, life and/or medical insurance
and workers’ compensation insurance as Grantee is an independent contractor.
D.Indemnification and Hold Harmless. Subject to the limitations provided in Minnesota Statutes
chapter 466, to the fullest extent permitted by law, Grantee shall hold harmless, defend and
indemnify the City and DEED from any and all liability, claims, actions, suits, charges,
damages, losses, costs, expenses, and judgments whatsoever, including reasonable attorney’s
fees, that arise directly or indirectly out of Grantee’s, its contractors or subcontractors
performance or nonperformance of the services or subject matter called for in this Funding
Agreement. This clause shall not be construed to bar any legal remedies Grantee may have for
the City’s or DEED’s failure to fulfill its obligations pursuant to this Funding Agreement..
Claims included in this indemnification include, without limitation, any claims asserted
pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota
5
Statutes, Chapter 115B, the Federal Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42, Sections 9601
et. seq., and the Federal Resource Conservation and Recovery Act of 1976 (RCRA) as
amended, United States Code, title 42, Sections 6901 et seq. This indemnification shall not be
construed as a waiver on the part of either the City or DEED of any immunities or limits on
liability provided by Minnesota Statutes Chapter 466 or other applicable state or federal law.
E. Workers’ Compensation. Grantee shall provide workers’ compensation insurance coverage for
all employees involved in the performance of this Funding Agreement.
F. Insurance. Grantee shall maintain (i) commercial general liability insurance for completed
operations and contractual liability from its contractor(s) performing the Project work in an
amount not less than $2,000,000 per occurrence with aggregate per project coverage of
$2,000,000 and which may be satisfied under a primary policy or by such primary policy in
combination with the limits afforded by an umbrella or excess liability policy provided
coverage is at least as broad in all material respects as that afforded by the underlying primary
policy; (ii) automobile liability coverage in an amount not less than $1,000,000 (combined
single limit) for owned, hired and non-owned automobiles and both of the foregoing policies
shall name the City and DEED as additional insureds; (iii) workers compensation insurance
meeting statutory limits; and (iv) sufficient property insurance coverage to protect the
Development from loss by fire and other hazards covered by the so-called “all-risk” form of
policy in an amount reasonably acceptable to the City. Grantee shall provide certificates
evidencing the foregoing insurance coverages to the City prior to commencement of the Project.
Grantee shall immediately forward to the City any notices it receives of cancellation or
revocation of the foregoing policies.
8. ADMINISTRATIVE REQUIREMENTS.
A. Accounting Standards. Grantee agrees to maintain the necessary source documentation and
enforce sufficient internal controls as dictated by generally accepted accounting practices to
properly account for expenses incurred under this Funding Agreement.
B. Records.
1. Retention. Grantee shall retain all records pertinent to expenditures incurred under this
Funding Agreement and related to activities conducted in conjunction with the Project
and Development including the application materials completed by Grante e and any
Response Action Plan and environmental compliance correspondence or documentation
until conclusion of the latest of (a) six (6) years after Grantee has completed the
Development; or (b) six (6) years after Grantee has expended all proceeds of the
Subgrant; or (c) six (6) years after the resolution of all audit findings. Records for
nonexpendable property acquired with funds under this Funding Agreement shall be
retained for six (6) years after final disposition of such property. Records for any
displaced person must be kept for six (6) years after he/she has received final payment.
2. Inspections. All Grantee records with respect to any matters covered by this Funding
Agreement shall be made available to the State Auditor, the City, DEED or their
designees at any time during normal business hours, as often as the City or DEED
deems necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Pursuant to Minnesota Statutes 16C.05, subdivision 5, the books, records,
documents and accounting procedures and practices of Grantee that are relevant to this
6
Funding Agreement are subject to examination by the City, DEED, and either the
Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years
after completion of the Project.
3. Audits. Grantee shall have an annual financial compliance audit conducted if required
by and in accordance with the City’s applicable audit policies. Any deficiencies noted
in such audit reports or audit/monitoring reports issued by the City or its designees must
be fully cleared by Grantee within a reasonable time period after a request has been
received from the City. Failure of Grantee to comply with the provisions of this
paragraph will constitute a violation of this Funding Agreement and may result in the
withholding of future payments or the requirement for Grantee to return all or part of
the funds already disbursed.
4. Data Practices Act. Grantee shall comply with the Minnesota Government Data
Practices Act, Chapter 13. If Grantee receives a request to release data, Grantee shall
immediately notify the City. The City will give Grantee instructions concerning the
release of the data to the requesting party before the data is released.
5. Close-Outs. Grantee’s obligation to the City shall not end until all close-out
requirements are completed. Activities during this close-out period shall include, but
are not limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the City), providing the City with copies of any
Project correspondence or documentation upon request, determining the custodianship
of other records and resolving audit findings.
C. Payments. The City will pay to Grantee funds available under this Funding Agreement based
upon information submitted by Grantee and consistent with any approved budget and City
policy concerning payments. In addition, the City reserves the right to liquidate funds available
under this Funding Agreement for costs incurred by the City on behalf of Grantee.
D. Procurement. Grantee shall comply with current City policy concerning the purchase of
equipment and shall maintain an inventory record of all nonexpendable personal property as
defined by such policy as may be procured with funds provided herein. All unexpended
program income shall revert to the City upon termination of this Funding Agreement.
E. Warranty of Legal Capacity. The individuals signing this Funding Agreement on behalf of
Grantee and on behalf of the City represent and warrant on Grantee’s and the City’s behalf
respectively that the individuals are duly authorized to execute this Funding Agreement on
Grantee’s and the City’s behalf respectively and that this Funding Agreement constitutes
Grantee’s and the City’s valid, binding and enforceable agreements.
9. PERSONNEL AND PARTICIPANT CONDITIONS.
A. No Discrimination. Consultant agrees not to discriminate in providing products and services
under this Funding Agreement on the basis of race, color, sex, creed, national origin, disability,
age, sexual orientation, status with regard to public assistance, or religion. Violation of any part
of this provision may lead to immediate termination of this Funding Agreement. Consultant
agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of
the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,
Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including
7
but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Consultant or its guests, invitees, members, officers,
officials, agents, employees, volunteers, representatives and subcontractors. Upon request,
Consultant shall provide accommodation to allow individuals with disabilities to participate in
all Services under this Funding Agreement. Consultant agrees to utilize its own auxiliary aid or
service in order to comply with ADA requirements for effective communication with
individuals with disabilities.
B. Conduct.
1. Assignability. Grantee shall not assign or transfer any interest in this Funding
Agreement (whether by assignment or novation) without the prior written consent of the
City; provided, however, that claims for money due or to become due to Grantee from
the City under this Funding Agreement may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the City.
2. EEO/AA Statement. Grantee shall, in all solicitations or advertisements for employees
placed by or on behalf of Grantee, state that it is an equal opportunity employer.
3. Subcontracts.
(a) Selection Process. Grantee shall undertake to insure that all subcontracts let in
the performance of this Funding Agreement are awarded on a fair and open
competition basis. Executed copies of all subcontracts along with
documentation concerning the selection process shall be forwarded to the City
upon request.
(b) Monitoring. The City may monitor subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts will be summarized
in written reports and supported with documented evidence of follow -up
actions taken to correct areas of noncompliance.
(c) OSHA. Grantee shall require that contractors performing work being paid with
the Subgrant be in compliance with all applicable state and federal laws and
regulations regarding employment and workplace safety, including but not
limited to OSHA regulations, especially the Federal Hazardous Waste
Operations and Emergency Response Standards (29 C.F.R. 1910.120 and 29
C.F.R. 1926.65).
4. Notifications. Grantee shall send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a
notice, to be provided by the agency contracting officer advising the labor union or
worker's representative of Grantee's commitments hereunder, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
5. Conflict of Interest. The members, officer and employees of Grantee shall comply with
all applicable state statutory and regulatory conflict of interest laws and provisions.
8
10. MISCELLANEOUS.
A. Copyright. If this Funding Agreement results in any copyrightable material, the author is free to
copyright the work, but the City and/or DEED reserves the right to royalty-free, nonexclusive
and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,
the work for government purposes.
B. Religious Organization. Grantee agrees that funds provided under this Funding Agreement will
not be utilized for religious activities, to promote religious interests, or for the benefit of a
religious organization.
C. Plain Language Law. To the extent applicable, Grantee shall comply with provisions of the
plain language law requiring written material produced for applicants and recipients to be
understandable to a person of average intelligence and education (Minnesota Statutes, Section
116J.0124, 2009 [formerly Section 268.0124, 1988]).
D. Governing Law. This Funding Agreement shall be governed by, and construed in accordance
with, the laws of the State of Minnesota.
E. Counterparts. This Funding Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one and the
same agreement.
F. Billboards. No Subgrant funds may be used by Grantee to pay for billboard advertising.
G. Job Listing Agreements. Minn. Stat. § 116L.66, Subd. 1, requires a business or private
enterprise to list any vacant or new positions with the State Workforce Center if it receives
$200,000 or more a year in grant funds derived from the State. If applicable, and for the term of
this Funding Agreement, the business or private enterprise shall list any job vacancy in its
personnel complement with MinnesotaWorks.net@www.minnesotaworks.net as soon as it
occurs.
H. Minnesota Business Subsidy Act. In addition to the requirements of Section 2 hereof, Grantee
agrees to comply with the reporting requirements of the Minnesota Business Subsidy Act as
outlined in Section 116J.994, Subd. 7(c). Grantee agrees to annually report to the City on the
progress of the Project for two years after the date of this Funding Agreement or until the
Project is completed, whichever is later. Such annual report must be filed with the City no later
than March 1 of each year reporting on progress from the previous year. Grantee must report on
(i) the type, public purpose and amount of financial assistance that was provided for the Project;
(2) progress towards meeting the Project and Development goals of this Funding Agreement;
and (3) the location of Grantee prior to receiving the assistance being provided under this
Funding Agreement.
If Grantee does not timely submit the foregoing report, the City will mail a warning to Grantee.
If, after 14 days of the warning, Grantee does not provide the required report, Grantee shall pay
to the City a penalty of $100 for each subsequent day until the report is filed, up to a maximum
annual penalty of $1,000.
I. Publicity. Any publicity regarding the subject matter of this Funding Agreement must identify
the State as a sponsoring agency. For purposes of this provision, publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
9
prepared by or for Grantee individually or jointly with others, or any subcontractors, with
respect to the activities resulting from this Funding Agreement.
(Signature pages follow.)
(Signature page to Funding Agreement)
IN FURTHERANCE WHEREOF, the parties have executed this Funding Agreement as of the
date first written above.
CITY OF GOLDEN VALLEY
By:
Shepard M. Harris, Mayor
By:
Timothy J. Cruikshank, City Manager
(Signature page to Funding Agreement)
6300 OLSON MEMORIAL HIGHWAY
OWNER LLC
__________________________________
Fed. I.D. # _______________
By:
Its:
ACKNOWLEDGMENT OF TITLE
____________________ hereby acknowledges and accepts the obligations of “Title” under the
attached Funding Agreement dated as of _______________, 20____, between 6300 Olson Memorial
Highway Owner LLC and the City of Golden Valley.
IN FURTHERANCE WHEREOF, the undersigned has hereunto set its hand as of this ______
day of _______________ 20____.
By
Its
EXHIBIT A
PROPERTY DESCRIPTION
EXHIBIT B-1
DEED GRANT AGREEMENT AND ATTACHMENTS
(See attached.)
EXHIBIT B-2
DEVELOPMENT MILESTONES
ACTIVITY DATE
EXHIBIT C
DISBURSEMENT REQUEST FORM
(See attached.)
1
DISBURSEMENT REQUEST FORM
( )
Number
Date
The undersigned, pursuant to that certain DEED Contamination Clean-up Funding Agreement
dated September 20, 2022, (the “Funding Agreement”), by and between the City of Golden Valley (the
“City”) and ___________________________________ (the “Grantee”), hereby certifies and requests as
follows:
1.Grantee requests that the following amounts be paid to ____________________ (“Title”) to be
disbursed to the following payees from the Subgrant funds as described in the Funding
Agreement:
Name and Address of Payee Eligible Activity Amount Requested to be Paid
a.
b.
c.
d.
2.Attached hereto are itemized invoices with respect to each item for which payment is requested
pursuant to paragraph 1 hereof.
3.Grantee certifies that the disbursements are for eligible costs as described in the Funding
Agreement.
4.Consistent with the terms defined in the Agreement, Grantee certifies that to the best of its
knowledge, Grantee expects to complete the Project and Development in a timely fashion and
consistent with the DEED Grant Agreement or any amended Project and Development
description approved by DEED.
2
5. Grantee hereby requests the City to approve this Disbursement Request and forward it to Title for
payment of the amounts listed in paragraph 1 hereof.
GRANTEE:
By:
Its:
By:
Its:
3
A P P R O V A L
This Disbursement Request is hereby approved by the City pursuant to Section 5 of the above-
described Funding Agreement.
Dated: ____________________
CITY OF GOLDEN VALLEY
PHYSICAL DEVELOPMENT DEPARTMENT
By:
Marc Nevinksi
Project Coordinator
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. G. Adopt Resolution No. 22-080 Approving Final Plat for Artessa Golden Valley
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the February 2, 2022, City Council meeting, the Council held a public hearing to consider the
Preliminary Plat for the proposed project located at the south end of the Golden Valley Country Club
driving range off of Country Club Drive. At the March 15, 2022 City Council meeting, the Council
approved the Preliminary Plat. The Final Plat has now been prepared for consideration. City staff have
reviewed the document and find it to be consistent with the approved Preliminary Plat and the
requirements of City Code.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Resolution No. 22-080, Approval of Plat for Artessa Golden Valley.
Attachments
•Resolution No. 22-080, Approval of Plat for Artessa Golden Valley (1 page)
•Final Plat – Artessa Golden Valley (1 page)
RESOLUTION NO. 22-080
RESOLUTION FOR APPROVAL OF PLAT –
ARTESSA GOLDEN VALLEY
WHEREAS, the City Council has met at the time and place specified in a notice duly
published with respect to the subject matter hereof, has heard all interested persons, and
has heretofore conducted a public hearing on the proposed plat to be known as Artessa
Golden Valley covering the following described tracts of land:
Lot 1, Block 1, ARTESSA GOLDEN VALLEY, Hennepin County, Minnesota
WHEREAS, all persons present were given the opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council of Golden Valley, Minnesota this 20th day of September 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
LOT 1BLOCK 1N00°03'28"E 266.88N00°32'13"W 53.63S78°27'20"E 62.52320.65Δ=7°54'11"R=2324.66S03°38'29"W6.00 C=8.90CB=S86°28'05"ER=2330.66Δ=0°13'07"8.90S03°34'58"W28.40 46.65Δ=26°19'52"R=101.50 S27°26'27"W 61.57 43.12Δ=24°57'28"R=99.00
P.O.B.SE Corner of the W 330.00 Feet ofthe SE 1/4 of the NE 1/4 ofSec. 32, Twp. 118, Rng. 21E Line of the W 330.00 Feet
of the SE 1/4 of the NE 1/4 of
Sec. 32, Twp. 118, Rng. 21N Line of the NE 1/4 of the SE 1/4 and theS Line of the SE 1/4 of the NE 1/4 ofSec. 32, Twp. 118, Rng. 21E Line of the SW 1/4 of the NE 1/4 and theW Line of the SE 1/4 of the NE 1/4 ofSec. 32, Twp. 118, Rng. 21W Line of the NE 1/4 of the SE 1/4 and theE Line of the NW 1/4 of the SE 1/4 ofSec. 32, Twp. 118, Rng. 21E Line of the W 330.00 Feetof the NE 1/4 of the SE 1/4 ofSec. 32, Twp. 118, Rng. 21N89°55'27"W 332.50S00°03'29"W 90.97N Line of the NW 1/4 of the SE 1/4 and theS Line of the SW 1/4 of the NE 1/4 ofSec. 32, Twp. 118, Rng. 21N'ly Right of Way Line of Country Club DriveWidth VariesDrainage and Utility EasementDrainage and Utility Easement Drainage and Utility EasementDrainage and Utility Easement2.002.05S78°27'20"E 62.09320.93Δ=7°54'11"R=2326.66COUNTY CLUB DRIVE4.0051.58 ARTESSA GOLDEN VALLEYKNOW ALL PERSONS BY THESE PRESENTS: That (COMPANY NAME), a (TYPE OF COMPANY), fee owner of the following described property:That part of the West 330.00 feet of the Southeast Quarter of the Northeast Quarter, the West 330.00 feet of the Northeast Quarter of the Southeast Quarter, the Northwest Quarter of the Southeast Quarter, and the Southwest Quarter of the Northeast Quarter, all in Section 32, Township 118, Range 21, Hennepin County, Minnesota, described as follows:Beginning at the southeast corner of said West 330.00 feet of the Southeast Quarter of the Northeast Quarter of Section 32; thence on an assumed bearing of North 00 degrees 03 minutes 28 seconds East along the east line of said Southeast Quarter of the Northeast Quarter of Section 32 for 266.88 feet; thence North 89 degrees 55 minutes 27 seconds West for332.50 feet; thence South 00 degrees 03 minutes 29 seconds West for 90.97 feet; thence southwesterly for 43.12 feet along a tangential curve concave to the northwest, having a radius of99.00 feet and a central angle of 24 degrees 57 minutes 28 seconds; thence South 27 degrees 26 minutes 27 seconds West for 61.57 feet; thence southwesterly for 46.65 feet along atangential curve, concave to the southeast, having a radius of 101.50 feet and a central angle of 26 degrees 19 minutes 52 seconds; thence South 03 degrees 34 minutes 58 seconds Westfor 28.40 feet to the northerly right of way line of Country Club Drive; thence southeasterly along said northerly right of way line to the east line of said West 330.00 feet of the NortheastQuarter of the Southeast Quarter of Section 32; thence northerly along said east line to the point of beginning and there terminating.Has caused the same to be surveyed and platted as ARTESSA GOLDEN VALLEY and does hereby dedicate to the public for public use the public way and the drainage and utility easements as createdby this plat.In witness whereof said (COMPANY NAME), a (TYPE OF COMPANY), has caused these presents to be signed by its proper officer this day of , 20.SIGNED: (COMPANY NAME)By: Its:STATE OF , COUNTY OF This instrument was acknowledged before me this day of , 20, by , its of (COMPANY NAME), a (TYPE OF COMPANY), on behalf of the company. My Commission Expires:Notary Public, Signature Notary Public, Printed NameNotary Public County,SURVEYORS CERTIFICATEI Rory L. Synstelien do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be set within one year;that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shownand labeled on this plat.Dated this day of , 20.Rory L. Synstelien, Licensed Land SurveyorMinnesota License No. 44565STATE OF MINNESOTA, COUNTY OF __________________This instrument was acknowledged before me this day of, 20, by Rory L. Synstelien. My Commission Expires:Notary Public, Signature Notary Public, Printed NameNotary Public County,GOLDEN VALLEY, MINNESOTAThis plat of ARTESSA GOLDEN VALLEY was approved and accepted by the City Council of Golden Valley, Minnesota at a regular meeting thereof heldthis day of , 20, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.City Council, City of Golden Valley, MinnesotaBy:, Mayor By:, City ClerkRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat, dated this day of , 20., County AuditorBy:, DeputySURVEY DIVISION, Hennepin County, MinnesotaPursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 20.Chris F. Mavis, County SurveyorBy:COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of ARTESSA GOLDEN VALLEY was recorded in this office this day of , 20, at O'Clock M.Amber Bougie, County RecorderBy:, DeputyNBearings are based on the E line of the W 330.00 feet ofthe Southeast Quarter of the Northeast Quarter ofSection 32, Township 118, Range 32having an assumed bearing of N 00°03'28" E60153001530SCALE IN FEETC.R. DOC. NO
Golden Valley City Council Meeting
September 20, 2022
Agenda Item
3. H. Set Date for Proposed Property Tax Levy Payable 2023 and 2023-24 Budget
Prepared By
Sue Virnig, Finance Director
Summary
Staff recommends that the City Council set Tuesday, December 6, 2022, at 6:30 p.m. for the budget
and levy public hearing.
M.S.275.065 now requires that the City adopt a proposed budget and levy and certify the proposed
budget and levy to the county auditor by September 30. The county auditor will use this information to
prepare and send parcel specific notices between November 11 and November 24.
The meeting date and time need to be announced at the time of the adoption of the preliminary levy
and budget.
Financial Or Budget Considerations
None
Recommended Action
Motion to set the date of the Truth-in-Taxation (Proposed Property Tax) public hearing for Tuesday,
December 6, 2022, at 6:30 pm.
Supporting Documents
• None
Golden Valley Council Meeting
September 20, 2022
Agenda Item
6. A. Adopt Resolution No. 22-081 to Adopt Proposed 2023-2024 Budget and Proposed Tax Levies
Payable in 2023 and Adopt Resolution No. 22-082 Consenting to the Proposed 2023 Housing and
Redevelopment Levy
Prepared By
Sue Virnig, Finance Director
Summary
State Law requires the certification of a proposed budget and proposed tax levies no later than
September 30, 2022. The final property tax levy for pay 2023 will be adopted by the City Council on
December 6th and can be less than the proposed levy, but not greater. The property tax levy, included
as part of the 2023-2024 Proposed Budget, is currently $31,087,048. The General Fund levy portion is
$25,008,020 and the Bonded Debt Levy is $6,079,028. At the meeting City staff will make a
presentation reviewing the Proposed 2023-2024 General Fund Budget and Proposed Tax Levies
Payable in 2023.
Financial Or Budget Considerations
The supporting documents set the budget for 2023. The budget is a plan that will give departments a
guideline to conduct business.
Recommended Action
• Motion to adopt Resolution No. 22-081 for Proposed 2023-2024 Budget and Proposed Tax
Levies Payable in 2023.
• Motion to adopt Resolution No. 22-082 Consenting to the Preliminary 2023 Housing and
Redevelopment Proposed Levy.
Supporting Documents
• Resolution No. 22-081 Adopting Proposed 2023-2024 Budget and Proposed Tax Levies Payable
in 2023 (1 pages)
• 2023-2024 Proposed Revenue Summary (4 pages)
• 2023-2024 Proposed Expenditure Summary by Division (3 pages)
• Resolution No. 22-082 Consenting to the Proposed 2023 Housing and Redevelopment Levy
(1 page)
RESOLUTION NO. 22-081
ADOPTING THE PROPOSED 2023-2024 BUDGET AND
PROPOSED TAX LEVY PAYABLE IN 2023
WHEREAS, State Law requires the certification of a proposed budget and proposed
tax levies no later than September 30, 2022; 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 $391,085.63 will not be
levied in 2022 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 $20,093.37 will not be
levied due to the utilization of the internal state aid monies.
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 $25,008,020
Bonded Debt Levy:
Brookview Center 1,218,300
Street Improvement Bonds 4,860,728
TOTAL Tax Levy $31,087,048
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 2023 for
the City of Golden Valley.
BE IT FURTHER RESOLVED, that the proposed 2023 budget of the General Fund
is $27,869,210 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.
Passed by the City Council of the City of Golden Valley, Minnesota on September 20, 2022
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
2020 2021 2022 2022 2023 2023 2024
Actual Actual Adopted Estimated Concept Proposed Concept
AD VALOREM TAXES
4011 AD VALOREM TAXES 19,393,128 20,274,481 22,291,855 22,291,855 23,871,695 25,008,020 26,263,610
ALLOWANCE FOR ABATEMENTS/DEL - (175,000) (175,000) (175,000) (175,000) (175,000)
LESS HOMESTEAD CREDIT -
4014 HOMESTEAD CREDIT -
4012 PENALTIES & INTEREST 17,871 18,665 10,000 10,000 10,000
TOTAL AD VALOREM TAXES 19,410,999 20,293,146 22,116,855 22,126,855 23,696,695 24,843,020 26,098,610
LICENSES
4023 LICENSE-NEW/USED VEHICLES 4,800 4,800 4,800 400 4,800 400 400
4025 LICENSE-TEMPORARY LIQUOR 200 200 200 200 200 200 200
4026 LICENSE-WINE ON/SALES 12,460 10,000 10,000 14,000 10,000 14,000 14,000
4027 LICENSE-LIQUOR ON/SALE 91,326 105,750 105,750 96,600 105,750 96,600 96,600
4028 LICENSE-LIQUOR OFF SALE 1,800 1,600 1,600 1,000 1,600 1,000 1,000
4029 LICENSE-NONINTOX ON SALE 3,150 3,000 3,000 3,000 3,000 3,000 3,000
4030 LICENSE-NONINTOX OFF SALE 1,100 600 600 600 600 600 600
4031 LICENSE-SUNDAY LIQUOR 1,639 2,400 2,400 2,700 2,400 2,700 2,700
4033 LICENSE-CIGARETTE 4,050 4,500 4,050 4,050 4,050 4,050 4,050
4034 LICENSE-DOG (KENNEL) 1,000 1,000 1,000 1,000 1,000 1,000 1,000
4038 LICENSE-GARBAGE COLLECTORS 5,000 4,150 3,300 4,700 3,300 4,700 4,700
4041 LICENSE-PEDDLER/SOLICITOR 120 750 300 180 300 180 180
4044 LICENSE-GAS STATION 4,275 4,125 4,125 3,350 4,125 3,350 3,350
4046 LICENSE-APARTMENT 100,415 88,995 83,960 83,000 83,960 83,000 83,000
4048 LICENSE-AMUSE DEVIC 90 - 90 250 90 250 250
4052 LICENSE-HEATING 10,726 12,675 13,000 12,575 13,000 12,575 12,575
4058 LICENSE-MASSAGE 6,262 3,700 5,740 3,700 5,740 3,700 3,700
4059 LICENCE-CHICKEN COOP/RUN 575 350 250 250 250 250 250
TOTAL LICENSES 248,988 248,595 244,165 231,555 244,165 231,555 231,555
PERMITS
4101 PERMIT-BUILDING 590,965 864,426 625,000 625,000 625,000 650,000 650,000
4102 PERMIT-PLUMBING 65,689 87,390 60,000 65,000 60,000 60,000 60,000
4103 PERMIT-SEWER 14,450 19,600 5,000 12,550 5,000 5,000 5,000
4104 PERMIT-HEATING 222,791 181,162 125,000 186,725 125,000 125,000 125,000
4105 PERMIT-WATER 850 2,100 1,800 1,200 1,800 1,800 1,800
4107 PERMIT-STREET EXCAVATING 82,436 44,321 28,000 29,035 28,000 28,000 28,000
4108 PERMIT-FIRE 20,137 31,017 20,000 25,000 20,000 20,000 20,000
4109 PERMIT-BILLBOARD 2,775 4,940 3,000 3,000 3,000 3,000 3,000
4114 PERMIT-TEMPORARY OCCUPENCY 600 600 300
4115 PERMIT-REFUNDS(20%) 822 690 500 4,095 500 500 500
4116 PERMIT-GRADING/DRAINAGE/EROSI 7,200 9,983 6,000 6,000 6,000 6,000 6,000
4117 PERMIT-TREE PRESERVATION 1,000 3,050 1,200 4,250 1,200 1,200 1,200
4119 PERMIT-ELECTRICAL 73,669 73,489 75,000 75,000 75,000 75,000 75,000
4120 PERMIT-FIREWORKS 300 100 100 100 100 100 100
4121 PERMIT-SPECIAL EVENTS 75 50 50 50 50 50 50
4122 ELECTRIC DOCUMENTATION FEE 18,670 24,203 13,000 16,000 13,000 13,000 13,000
TOTAL PERMITS 1,102,429 1,347,121 963,650 1,053,305 963,650 988,650 988,650
FEDERAL GRANTS (1)
4137.1 ARPA GRANT 121,800 115,000 60,000
4137 CARES MONIES 1,630,153
4137.1 CARES MONIES-HENN CTY 8,065
4131 FEMA GRANT 25,116
4132.1 FED VEST PROGRAM
4132.3 SAFE AND SOBER
TOTAL FEDERAL GRANTS 1,663,334 - 121,800 115,000 - 60,000 -
Proposed 2023 - 2024 General Fund Revenue Report
City of Golden Valley
2020 2021 2022 2022 2023 2023 2024
Actual Actual Adopted Estimated Concept Proposed Concept
Proposed 2023 - 2024 General Fund Revenue Report
City of Golden Valley
STATE AID/GRANTS (1)
4146 ENERGY SECURITY GRANT 2,500
4149 LOCAL PERFORMANCE AID
4150 FIRE POST BOARD TRAINING GRANT 4,786 21,015 25,000 22,000 25,000 16,000 16,000
4151 STATE AID
4152 LOCAL GOVERNMENT AID (LGA)
4153 POLICE TRAINING 29,176 28,479 25,000 18,000 25,000 16,000 16,000
4153.1 TOWARDS ZERO DEATHS (TZD) 3,887 3,000 3,000 3,000
4153.6 VEST REIMBURSEMENT GRANT 690
TOTAL STATE GRANTS 37,849 52,684 50,000 43,000 50,000 35,000 35,000
COUNTY AID/GRANTS (1)
4173 OTHER COUNTY GRANTS 21,445 4,280 - 4,280 4,280 15,000
TOTAL COUNTY GRANTS 21,445 4,280 - 4,280 - 4,280 15,000
GENERAL GOVERNMENT
4191 CERTIFICATION FEE 12,690 12,054 7,500 7,500 7,500 7,500 7,500
4174 PUBLIC GRANTS-Pohlad 250,000
4194 ADMIN LIQUOR LICENSE 500 - 500 - 500
4196 GENERAL GOVT-GEN SER 21,452 1,144 10,000 3,000 10,000 1,000 1,000
4197 FILING FEES - 155 - - 15 15 -
4200 LIQUOR LICENSE CHECKING 2,500 2,300 2,200 3,150 2,200 2,300 2,300
4203 COPY/MAILING FEES 21 6 - - -
4204 DOMESTIC PARTNERSHIP REG - 120 - - -
4206 CITY T-SHIRTS - 2,000 - -
4207 LEGAL FEES 100 - - -
TOTAL GENERAL GOVERMENT 37,263 17,779 20,200 263,650 20,215 10,815 10,800
PUBLIC SAFETY
4226 BRECK TRAFFIC CONTROL 22,369 40,863 28,650 30,620 28,650 30,000 30,000
4228 ALARM ORDINANCE VIOLATION 3,880 5,248 3,700 4,585 3,700 3,700 3,700
4229 SECURITY SERVICES - - - - -
4230 POLICE DEPT CHARGES 3,557
SCHOOL RESOURCE OFFICER-281 57,616 - -
4231 FIRE DEPT CHARGES 850 1,150 850 850
4232 ANIMAL IMPOUND FEES 360 520 1,200 200 1,200 200 200
4233 ACCIDENT REPORTS 3 -
4237 NUISANCE VIOLATION (350) 500
4239 ANIMAL IMPOUND CONTRACT-RO 2,660 3,770 1,800 1,800 1,800 1,800 1,800
TOTAL PUBLIC SAFETY 87,388 55,608 36,200 37,205 36,200 35,700 35,700
PUBLIC WORKS
4258 PLANNING & ZONING FEES 8,150 22,150 7,500 7,500 7,500 7,500 7,500
4251 CHGS FOR STREET DEPT 146 - 100 - 100 - -
4253 CHGS FOR PARK DEPT - 3,147 - -
4254 WEED CUTTING 1,263 (375) 3,800 1,125 3,800 1,125 1,125
4255 STREET LIGHT MAINT CHGS 170,974 177,619 175,000 170,000 175,000 175,000 175,000
4256 CHGS FOR ENGINEERING (11,386) (684) - - -
4262 CHARGING STATION-CITY HALL - 55 - - -
TOTAL PUBLIC WORKS 169,147 198,765 186,400 181,772 186,400 183,625 183,625
PARK & RECREATION
4305 MISC INCOME-BROOKVIEW 900 252 1,000 1,000 1,000 1,000 1,000
4307 PICNIC SHELTER RENTAL 8,710 27,480 22,000 22,000 22,000 22,000 22,000
2020 2021 2022 2022 2023 2023 2024
Actual Actual Adopted Estimated Concept Proposed Concept
Proposed 2023 - 2024 General Fund Revenue Report
City of Golden Valley
4308 LIQUOR PERMIT-BV 250 1,150 500 500 500 500 500
4309 ATHLETIC FACILITY RENTALS 36,646 67,306 48,000 30,000 45,000 30,000 30,000
4311.1 MEADOWBROOK RENTAL 9,323 3,940 28,000 25,000 28,000 25,000 25,000
4311.2 MEADOWBROOK PROGRAMS 3,192 1,118 8,000 4,000 8,000 4,000 4,000
4314 FINANICAL ASSISTANCE (21) - (1,500) 125 (1,500) 125 125
4315 FOOD TRUCK PERMITS 1,360 550 1,500 1,500 1,500 1,500 1,500
4316 SPONSORSHIPS - - 1,200 500 1,200 500 500
4317 GV LOGO CLOTHING 707 844 1,500 1,000 1,000 1,000 1,000
4325.1 ADULT-ATHLETICS 750 10,280 18,000 12,000 19,000 12,000 12,000
4325.2 ADULT SOFTBALL 20,060 33,220 37,000 24,900 38,000 24,900 24,900
4325.3 ADULT-PROGRAMS & EVENTS 12,413 7,323 34,000 12,000 35,000 12,000 12,000
4355.1 YOUTH-ATHLETICS 12,930 13,165 76,000 42,000 76,000 42,000 42,000
4355.2 YOUTH-SUMMER PLAYGROUND 13,843 26,427 46,000 4,000 46,000 4,000 4,000
4355.3 YOUTH-PROGRAM & EVENTS 10,107 9,013 45,000 15,000 45,000 15,000 15,000
4389 FIELD MAINTENANCE FEES 7,296 12,000 4,000 12,000 4,000 4,000
4405.1 SENIOR-PROGRAMS & EVENTS 567 1,260 4,000 2,500 4,500 2,500 2,500
4405.2 SENIOR-TRIPS 3,396 5,112 58,000 8,000 60,000 8,000 8,000
TOTAL PARK AND RECREATION 135,133 215,736 440,200 210,025 442,200 210,025 210,025
OTHER FUNDS
4433 CHGS TO CONSTRUCTION FUND 2,733 163,760 125,000 125,000 125,000 125,000 125,000
4434 CHGS TO UTILITY FUND 275,000 275,000 275,000 275,000 275,000 300,000 300,000
4435 CHGS TO BROOKVIEW FUND 85,000 85,000 85,000 85,000 85,000 85,000 85,000
4436 CHGS TO MOTOR VEHICLE FUND 30,000 30,000 30,000 30,000 30,000 30,000 30,000
4437 CHGS TO RECY FUND 51,500 51,500 75,000 75,000 75,000 75,000 75,000
4438 CHGS TO CEMETARY FUND 400 -
4439 HRA TRANS-ADMIN -
4440 CHGS TO STORM UTILITY FUND 200,000 200,000 200,000 200,000 200,000 250,000 250,000
TOTAL OTHER FUNDS 644,633 805,260 790,000 790,000 790,000 865,000 865,000
FINES & FORFEITURES
4155.1 DWI VEHICLE FORFEITURES - - - - -
4155 COURT FINES & FORFEITURES 148,672 127,095 125,000 76,640 125,000 76,640 76,640
TOTAL FINES & FORFEITURES 148,672 127,095 125,000 76,640 125,000 76,640 76,640
INTEREST ON INVESTMENTS
4471 INTEREST ON INVESTMENTS 232,215 (63,306) 150,000 80,000 150,000 125,000 130,000
INTEREST ON INVESTMENTS 232,215 (63,306) 150,000 80,000 150,000 125,000 130,000
TRANSFERS IN
4501 PERMANENT TRANS-MOTOR VEH 30,000 30,000 30,000 30,000 30,000 30,000 30,000
TOTAL TRANSFERS IN 30,000 30,000 30,000 30,000 30,000 30,000 30,000
OTHER REVENUE
4479 TOWER RENTAL 15,591 15,977 14,820 14,000 14,820 14,000 14,000
4480 BUILDING RENTS
-BROOKVIEW GOLF COURSE 127,200 127,200 100,000 100,000 100,000 100,000 100,000
-MOTOR VEHICLE LICENSING 22,000 22,000 22,000 22,000 22,000 22,000 22,000
-VEHICLE MAINTENANCE 24,000 24,000 24,000 24,000 24,000 24,000 24,000
4478 SPECIAL ASSESS COLL-COUNTY 13,592 7,344 6,000 6,000 6,000 6,000 6,000
4483 CONTRIBUTIONS & DONATIONS 1,150 1,300
TOTAL OTHER REVENUE 203,533 197,821 166,820 166,000 166,820 166,000 166,000
MISCELLANEOUS COSTS
2020 2021 2022 2022 2023 2023 2024
Actual Actual Adopted Estimated Concept Proposed Concept
Proposed 2023 - 2024 General Fund Revenue Report
City of Golden Valley
4476 BURIAL CHARGE-CEMETERY 1,150 400 1,500 400 1,500 400 400
4707 PENALTIES-LIQUOR/TOBACCO 30
4474 SCRAP METAL 1,914 9,435 2,000 2,500 2,000 2,500 2,500
4486 MISCELLANEOUS RECEIPTS 1,318 2,500 1,000 2,500 1,000 1,000
4487 OVER AND SHORT (203) (96)
4488 RETURNED CHECK FEE
4489 ATM 117 16 300 - 300 - -
4491 CERTIFICATION FEES 30 - - -
TOTAL MISCELLANEOUS COSTS 3,008 11,103 6,300 3,900 6,300 3,900 3,900
GENERAL FUND TOTAL 24,176,036$ 23,541,687$ 25,447,590$ 25,413,187$ 26,907,645$ 27,869,210$ 29,080,505$
2020 2021 2022 2022 2023 2023 2024
ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT
001 COUNCIL
1001 COUNCIL $301,861 $341,391 $376,955 $383,580 $393,515 $410,150 $434,095
1002 PEACE COMMISSION 1,650 203 1,000 5,000 1,000 5,000 5,100
1003 HUMAN RIGHTS COMMISSION 1,113 1,428 3,500 3,500 3,500 5,300 5,400
1040 ENVIRONMENTAL COMMISSION 1,500 1,550 3,500 3,500 3,500 3,500 3,500
1050 PLANNING COMMISSION - 1,406 3,640 3,640 3,725 3,725 3,805
1060 PARK & OPEN SPACE COMM 17 67 1,100 1,100 1,100 1,100 1,100
1070 BOARD OF ZONING APPEALS - 332 1,145 1,145 1,145 1,185 1,220
1142 ELECTIONS 65,001 26,903 67,370 71,835 44,120 48,845 105,050
TOTAL DIVISION (001)371,142 373,280 458,210 473,300 451,605 478,805 559,270
003 CITY MANAGER
1030 CITY MANAGER 940,727 1,102,027 1,285,825 1,782,735 1,373,465 1,493,715 1,557,350
TOTAL DIVISION (003)940,727 1,102,027 1,285,825 1,782,735 1,373,465 1,493,715 1,557,350
004 TRANSFERS OUT
1025 TRANSFERS OUT 2,567,580 6,167,580 2,750,000 2,979,499 2,850,000 3,200,000 3,425,000
TOTAL DIVISION (004)2,567,580 6,167,580 2,750,000 2,979,499 2,850,000 3,200,000 3,425,000
005 ADMINISTRATIVE SERVICES
1101 GENERAL SERVICES 829,264 824,453 877,235 877,940 900,300 909,675 933,540
1102 ACCOUNTING 301,353 338,801 437,890 431,825 466,840 484,365 505,905
1105 COMPUTER SERVICES 1,064,922 1,145,434 1,257,905 1,267,220 1,291,370 1,306,395 1,357,525
TOTAL DIVISION (005)2,195,539 2,308,688 2,573,030 2,576,985 2,658,510 2,700,435 2,796,970
006 LEGAL SERVICES
1121 LEGAL SERVICES 203,749 235,234 428,045 445,100 441,390 482,395 591,920
TOTAL DIVISION (006)203,749 235,234 428,045 445,100 441,390 482,395 591,920
007 RISK MANAGEMENT
1115 INSURANCE 318,902 269,420 355,000 355,000 360,000 370,000 380,000
TOTAL DIVISION (007)318,902 269,420 355,000 355,000 360,000 370,000 380,000
011 BUILDING OPERATIONS
1180 BUILDING OPERATIONS 662,450 791,567 816,045 816,045 818,300 872,100 897,980
TOTAL DIVISION (011)662,450 791,567 816,045 816,045 818,300 872,100 897,980
016 PLANNING
1166 PLANNING 414,321 412,822 392,330 389,980 423,110 401,220 426,405
TOTAL DIVISION (016)414,321 412,822 392,330 389,980 423,110 401,220 426,405
018 INSPECTIONS
1162 INSPECTIONS 748,569 797,008 912,335 910,050 941,210 917,025 959,640
TOTAL DIVISION (018)748,569 797,008 912,335 910,050 941,210 917,025 959,640
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2023 - 2024 OPERATING BUDGET
2020 2021 2022 2022 2023 2023 2024
ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2023 - 2024 OPERATING BUDGET
022 POLICE
1300 POLICE ADMINISTRATION 1,235,765 1,128,352 1,736,955 1,114,835 1,775,865 1,179,660 1,230,495
1320 POLICE OPERATIONS 4,997,090 4,834,671 5,441,620 5,775,180 5,990,585 6,525,555 6,840,650
1323 TOWARDS ZERO DEATHS 3,178 0 0 0 0 0 0
1324 POLICE SECUITY SERVICE-POTU 1,456 0 0 0 0 0 0
1130 PROSECUTION AND COURT 168,523 199,438 0 0 0 0 0
TOTAL DIVISION (022)6,406,012 6,162,461 7,178,575 6,890,015 7,766,450 7,705,215 8,071,145
023 FIRE
1346 FIRE ADMINISTRATION 1,320,197 1,450,511 1,843,165 1,798,200 2,058,780 2,184,600 2,241,615
TOTAL DIVISION (023)1,320,197 1,450,511 1,843,165 1,798,200 2,058,780 2,184,600 2,241,615
035 PHYSICAL DEVELOPMENT ADMIN
1400 PHYSICAL DEVELOPMENT ADMIN 328,200 324,003 350,690 346,090 402,810 357,855 370,800
TOTAL DIVISION (035)328,200 324,003 350,690 346,090 402,810 357,855 370,800
036 ENGINEERING
1420 GENERAL ENGINEERING 731,372 561,482 819,975 $834,445 $840,525 $707,665 $780,845
TOTAL DIVISION (036)731,372 561,482 819,975 834,445 840,525 707,665 780,845
037 STREETS
1440 STREET MAINTENANCE 1,310,607 1,808,936 1,936,330 2,076,535 2,107,560 2,226,420 2,319,195
1448 SNOW AND ICE CONTROL 205,641 239,978 246,985 254,385 240,360 279,250 294,030
1449 STREET LIGHTS 233,074 227,089 237,500 237,500 237,500 247,500 252,500
1450 TRAFFIC SIGNALS 29,984 28,609 54,000 54,000 55,500 55,500 59,000
TOTAL DIVISION (037)1,779,306 2,304,612 2,474,815 2,622,420 2,640,920 2,808,670 2,924,725
066 PARK AND REC ADMINISTRATION
1600 PARK AND REC ADM 801,989 864,289 928,445 970,160 967,060 1,016,125 1,049,935
TOTAL DIVISION (066)801,989 864,289 928,445 970,160 967,060 1,016,125 1,049,935
067 PARK MAINTENANCE
1620 PARK MAINTENANCE 1,118,266 1,176,750 1,208,890 1,213,195 1,232,280 1,259,780 1,302,750
1646 TREE MAINTENANCE 192,036 226,885 243,665 245,020 246,850 $276,590 298,505
TOTAL DIVISION (067)1,310,302 1,403,635 1,452,555 1,458,215 1,479,130 1,536,370 1,601,255
068 PARK AND REC PROGRAMS
ADULT PROGRAMS:
1596 ADULT-ATHLETICS 1,989 5,323 17,785 8,380 18,375 10,800 12,420
1597 ADULT-SOFTBALL 17,009 24,335 31,400 31,400 32,400 35,050 36,625
1680 ADULT-PROGRAMS & EVENTS 10,928 12,899 30,995 30,995 31,015 31,015 31,025
TOTAL ADULT PROGRAMS 29,926 42,557 80,180 70,775 81,790 76,865 80,070
2020 2021 2022 2022 2023 2023 2024
ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2023 - 2024 OPERATING BUDGET
YOUTH PROGRAMS:
1660 YOUTH-SUMMER PLAYGROUND 26,059 55,219 80,100 80,100 80,100 82,680 84,500
1670 YOUTH-PROGRAMS & EVENTS 8,436 13,508 55,530 55,530 55,530 56,560 57,770
1673 YOUTH-ATHLETICS 15,179 7,761 54,235 54,235 55,960 55,960 57,110
1679 YOUTH-RINK SUPERVISION 25,450 2,772 25,300 25,300 27,300 28,690 28,690
TOTAL YOUTH PROGRAMS 75,124 79,260 215,165 215,165 218,890 223,890 228,070
SENIOR PROGRAMS:
1691 SENIOR-PROGRAMS & EVENTS 6,667 2,545 30,430 30,430 30,925 31,020 31,625
1694 SENIOR-TRIPS 5,118 5,562 55,700 55,700 56,200 56,200 56,200
TOTAL SENIOR PROGRAMS 11,785 8,107 86,130 86,130 87,125 87,220 87,825
RONALD B DAVIS COMM CTR:
1695 MEADOWBROOK COMM CTR 37,541 5,285 47,075 47,075 47,075 49,040 49,685
TOTAL RONALD B DAVIS COMM C 37,541 5,285 47,075 47,075 47,075 49,040 49,685
TOTAL DIVISION (068)154,376 135,209 428,550 419,145 434,880 437,015 445,650
099 CONTINGENCIES
1900 CONTINGENCIES 396,343 - - - - 200,000 -
TOTAL DIVISION (099)396,343 - - - - 200,000 -
GENERAL FUND
TOTAL DIVISIONS 21,651,076 25,663,828 25,447,590 26,067,384 26,908,145 27,869,210 29,080,505
RESOLUTION NO. 22-082
CONSENTING TO THE 2023 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 Housing and Redevelopment Authority is requesting the
City of Golden Valley to approve a consent for the levy to fund the HRA Housing
Program for the year payable 2023, and
WHEREAS, The City Council discussed the HRA levy and budget on
September 13, 2022 and their meeting on September 20, 2022 and
WHEREAS, The Housing and Redevelopment Authority levy is $245,000.
BE IT RESOLVED by the City of Golden Valley that it approves and
consents to certification of a 2023 tax levy in the amount of $245,000 for housing
and redevelopment purposes of the Housing and Redevelopment Authority.
Passed by the City Council of the City of Golden Valley, Minnesota on
September 20, 2022
__________________________
Shepard M. Harris, Mayor
ATTEST:
________________________________
Theresa Schyma, City Clerk
Golden Valley Council Manager Meeting
September 20, 2022
Agenda Item
6. B. Second Consideration – Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the
Addition of a Grant Administration Fee
Prepared By
Myles Campbell, Planner & Grant Coordinator
Summary
A fee for external grant administration had its first consideration at the September 6, 2022, City
Council meeting. As discussed, pass-through grants which help to finance specific private projects, but
which are overseen by the city, are a great cost-effective tool for encouraging development.
There is cost however to administering and overseeing these grants involving sub-recipient parties.
Staff is proposing a flat $3,000 fee be established that accounts for the typical staff time expended in
overseeing a grant project involving a sub-recipient. This anticipates staff involvement from the grants
coordinator or other project coordinator, city attorney, city finance staff, and physical development
staff (planning, engineering, environmental resources)
A question from the first consideration of this ordinance was whether the city could allow for or
consider waiving the requirement for a suitable non-profit or other organization which could serve the
long-term goals of the city, or which would be burdened by the fee. Staff has had discussions since
about establishing a city policy around these types of exemptions for fees more broadly.
This is the second consideration of the fee ordinance with it taking effect shortly afterwards, upon
posting.
Financial Or Budget Considerations
Establishing a fee for grant administration reduces the staff cost burden associated with managing
these applications, while encouraging redevelopment efforts of the City.
Recommended Action
Motion to adopt Second Consideration, Ordinance No. 744– Amending the 2022 Master Fee Schedule
for the Addition of a Grant Administration Fee and Adopt Resolution No. 22-083 Approving the
Summary Publication of Ordinance No. 744.
Supporting Documents
• Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant
Administration Fee (1 page)
• Resolution No. 22-083- Approving the Summary Publication of Ordinance No. 744 (1 page)
ORDINANCE NO. 744
AN ORDINANCE AMENDING THE CITY CODE
Amending the 2022 Master Fee Schedule for the Addition
of a Grant Administration Fee
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. The City Code requires that certain fees for City services be established
from time to time by the City Council.
Section 2. The 2022 Master Fee Schedule of the City Code is hereby amended by
adding the following new fees to cover staff costs for administration of grant awards
involving subrecipient parties:
Subrecipient Grant Administration - $3,000
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
First Consideration September 6, 2022
Second Consideration September 20, 2022
Date of Publication September 29, 2022
Date Ordinance takes effect September 29, 2022
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council of Golden Valley Minnesota this 29th day of September,
2022.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Theresa J. Schyma
Theresa J. Schyma, City Clerk
RESOLUTION NO. 22-083
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 744
WHEREAS, the City has adopted the above referenced amendment of the Golden
Valley City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense
of the publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley, Minnesota that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 744
AN ORDINANCE AMENDING THE CITY CODE
Amending 2022 Master Fee Schedule for the addition of
grant administration fees for grants involving a sub-recipient party.
This is a summary of the provisions of Ordinance No. 744 which has been approved for
publication by the City Council.
At the September 20, 2022, City Council meeting, the Golden Valley City Council enacted
Ordinance No. 744 amending the 2022 Master Fee Schedule for the addition of grant
administration fees for grants involving a sub-recipient party. The full ordinance is available
to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business
hours and online at www.goldenvalleymn.gov/code/.
Passed by the City Council of the City of Golden Valley, Minnesota on September 20, 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Event Event Time Location
SEPTEMBER
Thursday, September 22
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Peace and Love Circle 6:30 PM Brookview
Sunday, September 25
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Wednesday, September 28
Franklin Center Ribbon Cutting Ceremony
(newly remodeled campus)11:30 AM Franklin Center
1001 Boone Avenue North
OCTOBER
Thursday, October 6
Special City Council Meeting (commission interviews) (tentative)5:15 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Saturday, October 8
Mighty Tidy Day 8:00 AM - 11:00 AM Brookview
Tuesday, October 11
Council Work Session 6:30 PM Hybrid - Council Chambers
Tuesday, October 18
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, October 27
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
NOVEMBER
Tuesday, November 1
City Council Meeting 6:30 PM Hybrid - Council Chambers
Saturday, November 5
City Hall Open for Absentee Voting 10:00 AM - 3:00 PM City Hall
Tuesday, November 8
Election Day 7:00 AM - 8:00 PM City Precincts/Polls
Wednesday, November 9
HRA Work Session 6:30 PM Hybrid - Council Chambers
Council Work Session 6:30 PM Hybrid - Council Chambers
Friday, November 11
City Offices Closed for Observance of Veterans' Day
Tuesday, November 15
City Council Meeting 6:30 PM Hybrid - Council Chambers
Review of Council Calendar