HomeMy WebLinkAboutEDA AGN 05-04-15EDA RESOLUTION 2015 -06
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING
THE FINANCIAL STATEMENT FOR MARCH, 2015 AND PAYMENT OF BILLS FOR THE MONTH OF MARCH,
2015.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota
Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and
disbursements, their nature, the money on hand, the purposes to which the money on hand is to be
applied, the EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills
and if correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the month of March, 2015 has been reviewed by the EDA
Commission; and
WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both
form and accuracy; and
WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9,
including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets,
Audits and similar documentation; and
WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the
State of Minnesota's Records Retention Schedule,
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic
Development Authority that it has examined the referenced financial statements including the check
history, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check
history as presented in writing is approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia
Heights Economic Development Authority.
Passed this 4th Day of May, 2015.
MOTION BY:
SECONDED BY:
AYES:
President
Attest By:
Shelley Hanson, Secretary
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE MEETING OF
MARCH 2, 2015 IN CONFERENCE ROOM 1
The meeting was called to order at 6:30 pm by Chair Peterson.
Members Present: Bruce Nawrocki, Donna Schmitt, Gary Peterson, Bobby Williams, Marlaine
Szurek, and Gerry Herringer. Newly elected Council Person John Murzyn was
also present (not sworn in yet).
Staff Present: Walt Fehst, Joseph Hogeboom, and Loren Wickham.
PLEDGE OF ALLEGIANCE- RECITED
1. SWEAR IN MEMBERS- Gary Peterson, Donna Schmitt and John Murzyn took the Oath of
Office.
2. ELECTION OF OFFICERS-
Motion by Schmitt, seconded by Herringer, to elect officers as follows:
President- Gary Peterson
Vice President- Bobby Williams
Secretary/Treasurer- Bruce Nawrocki
All ayes. MOTION PASSED.
3. CONSENT ITEMS
1. Approve the Minutes from January 5, 2015.
2. Approve the Financial Report and Payment of Bills for December 2014 and January 2015 on
Resolution 2015 -03.
Ouestions by Members:
Commissioner Nawrocki requested that the Financial Report pages be numbered going forward.
Motion by Williams, seconded by Szurek, to waive the reading of Resolution 2015 -03, there
being an ample amount of copies available to the public. All ayes. MOTIONPASSED.
Motion by Szurek, seconded by Williams, to approve the consent agenda items as presented. All
ayes. MOTIONPASSED.
EDA MINUTES
Page 2
March 2, 2015
EDA RESOLUTION 2015 -03
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
(EDA) APPROVING THE FINANCIAL STATEMENT FOR DECEMBER 2014 AND JANUARY 2015
AND PAYMENT OF BILLS FOR THE MONTHS OF DECEMBER 2014 AND JANUARY 2015.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota
Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and
disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the
EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and
if correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the months of December 2014 and January 2015 has been reviewed
by the EDA Commission; and
WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form
and accuracy; and
WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including
but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and
similar documentation; and
WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the
State of Minnesota's Records Retention Schedule,
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights
Economic Development Authority that it has examined the referenced financial statements including the check
history, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check
history as presented in writing is approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia
Heights Economic Development Authority.
Passed this 2nd day of March, 2015
MOTION BY: Szurek
SECONDED BY: Williams
AYES: All ayes
President
Attest By
Secretary
EDA Minutes
Page 3
March 2, 2015
NEW BUSINESS
1. McComb Group Report-
Jim McComb, president of the McComb Group, was present to review his market study of the
Central Avenue corridor. McComb discussed the tenant mix along Central Avenue, traffic
counts in the area, median household income, and employment data. Mr. McComb explained
that Central Avenue represents a linear trade area that extends south into Minneapolis, and north
to the Fridley/Blaine border.
McComb went on to say that there is market potential within the Central Avenue trade area to
add an additional 30,000 square foot grocery store. McComb explained that the grocery market
is moving away from larger stores, and instead is trending towards smaller, more specialized
stores. McComb does not believe that Central Avenue can support another 65,000 square foot
store, similar to the former Rainbow Foods, as the corridor already hosts an Aldi's grocery store
and a Super Target. There is also an existing Cub Foods store within the trade area.
McComb stated that he believes that positive things are occurring in the north and south ends of
the Central Avenue corridor, including the redevelopment of the former Blockbuster Video
building and the redevelopment of the Heights Gateway site. However, more investment needs
to occur in the middle area of the corridor, including the vicinity around the Central Valu
Center.
Hogeboom stated that staff will meet with Mr. McComb to discuss McComb's
recommendations to the City and elaborate on them at the April meeting as part of the EDA's
goal setting discussion.
EDA Minutes
Page 4
March 2, 2015
2. Proposal by Dominium for Sr. Housing in Huset Park Development Area-
Hogeboom explained that Dominium Properties has proposed to construct two four -story attached
senior apartment buildings at the northeast corner of University and 37`" Avenues. The total project
would include 170 units. The project, which would be considered senior independent living, would
contain mostly one - bedroom units, with additional two - bedroom units available.
The proposed project would be located on the two undeveloped lots that are part of the final phases of
the Huset Park development. Dominium Properties has also indicated interest in acquiring the final
undeveloped Huset Park parcel located on the southwest corner of the Huset Parkway roundabout. That
parcel would be held for future development. BNC Bank is currently the primary owner of all three
undeveloped lots.
Details for the proposed project, such as parking ratios, vehicular access points, stormwater retention
and landscaping would be finalized through the City's Site Planning process. Before that process would
begin, the developer would need to seek approval of an amendment to the Private Development
Agreement for Huset Park. The original proposal for this area included 51 additional townhomes to the
north, and 230 units of multi - family housing, as well as approximately 11,000 square feet of retail space,
to the south.
Market conditions have prevented further development from occurring in the Huset Park area in recent
years. However, Dominium believes that the area directly north of Northeast Minneapolis, along
University Avenue, is underserved by independent senior housing and believes that the development will
be very successful in this location.
Dominium has developed similar projects throughout the Twin Cities area, including two projects located
in the Silver Lake Village area of St. Anthony. Dominium has offered to organize a tour for EDA and
Planning /Zoning Commissioners through its project which is currently under construction along 39`h
Avenue in St. Anthony.
Staff believes this project presents an opportunity to complete the Huset Park development with high -
quality senior housing, while partnering with the developer to install an entry monument into Columbia
Heights along University Avenue. Hogeboom explained that no action is required at this time. He then
introduced Ron Mehl, representative from Dominium Properties, who was present to discuss the
proposed senior housing development. Stacie Kvilvang, representative from Ehler's, was also present to
help address questions related to the financial impact of this proposed transaction.
EDA Minutes
Page 5
March 2, 2015
Presentation by Dominium:
Ron Mehl and Eric Omdahl of Dominium Apartments told the EDA that they are interested in
developing approximately 170 units of 55 +, tax credit housing at the northeast corner of the University
and 37th Avenues intersection. Mehl stated that this project would not qualify for Tax Increment
Financing, so Dominium asks that the EDA consider waiving park dedication fees as well as sewer and
water access charges.
Commissioner Schmitt stated that she felt the proposal is positive for the community, but she would
prefer to see a commercial element included at the intersection. Commissioner Szurek stated that she
believed the project will offer an option for seniors in the area, and that she appreciates the layouts and
storage spaces provided in the proposed units.
Commissioners Murzyn, Peterson and Williams stated that they felt the proposal would be beneficial
for the area. Commissioner Herringer stated that he believes Dominium has a positive reputation in the
community and that he feels they would bring forth a quality product. Commissioner Nawrocki stated
that he believes the project is too large for the site.
Mehl stated that they would likely approach the EDA to amend the Huset Park Development
Agreement to allow the project to move forward later in the spring. Following EDA approval, the
project would require Site Plan Approval by the Planning and Zoning Commission.
3. Branding Campaign Update-
Based on the feedback received after their last presentation Replace has designed a set of final logo designs
for the City to consider. Staff recommends the EDA select a preferred logo so Replace can complete
Phase 2 of their proposal.
Questions /Comments from members:
Commissioner Szurek stated that she likes the clock tower graphic, but suggests that the dots and other
unneeded elements be removed from the graphic. The group concurred with Szurek.
President Peterson stated that he prefers "Direction 1" in the handout, but that staff should re- evaluate
the proposed tagline. The current tagline is "Rediscover the Heights." Peterson suggested using a
different term, such as "City of Peace."
Staff will bring a final proposal to the EDA in April that identifies the preferred brand direction and
recommended taglines.
EDA Minutes
Page 6
March 2, 2015
OTHER BUSINESS
1. EDA Strategic Planning Guide
Hogeboom reminded members that in early 2014 the EDA participated in a group planning process,
facilitated by Ehler's, in which a Strategic Planning Guide was created. The plan identified 5 goals as
provided in the agenda packets. Staff would like to discuss the Strategic Planning Guide at the April
EDA meeting.
The next regular EDA meeting will be Monday, April 6, 2015 at City Hall at 6:30 pm.
The meeting was adjourned at 9:12 pm.
Respectfully submitted,
Joseph S. Hogeboom
Acting Secretary
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE MEETING OF
APRIL 6, 2015 IN CONFERENCE ROOM 1
The meeting was called to order at 6:30 pm by Chair Peterson.
Members Present: Bruce Nawrocki, Donna Schmitt, Gary Peterson, John Murzyn, Marlaine
Szurek, Gerry Hettinger, and Bobby Williams (arrived at 6:35 pm).
Staff Present: Walt Fehst, Joseph Hogeboom, Loren Wickham, and Shelley Hanson.
PLEDGE OF ALLEGIANCE- RECITED
1. CONSENT ITEMS
Approve the Minutes from March 2, 2015. It was noted that they were not included in the
agenda packets so they will be approved at the May meeting.
2. Approve the Financial Report and Payment of Bills for February 2015 on Resolution 2015 -04.
Ouestions by Members:
Hettinger asked what the payments to Carolyn Laine and Lighthouse Acquisitions were for.
Hogeboom stated the Laine payment was for a rebate for housing improvements and the
Lighthouse payment was for the 2014 annual tax abatement. He then asked what the revenue
amount of $25,500 was for. The members were told it was the 2014 administration/servicing fees
for Parkview Villa North.
Motion by Szurek, seconded by Herringer, to waive the reading of Resolution 2015 -04, there
being an ample amount of copies available to the public. All ayes. MOTIONPASSED.
Motion by Szurek, seconded by Schmitt, to approve Resolution 2015 -04 Approving the
Financial Statement and Payment of Bills for February 2015. All ayes. MOTIONPASSED.
EDA RESOLUTION 2015 -04
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
(EDA) APPROVING THE FINANCIAL STATEMENT FOR FEBRUARY 2015 AND PAYMENT OF
BILLS FOR THE MONTH OF FEBRUARY 2015.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota
Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and
disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the
EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and
if correct, to approve them by resolution and enter the resolution in its records; and
EDA MINUTES
Page 2
April 6, 2015
WHEREAS, the financial statement for the month of February 2015 has been reviewed by the EDA
Commission; and
WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form
and accuracy; and
WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including
but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and
similar documentation; and
WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the
State of Minnesota's Records Retention Schedule,
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights
Economic Development Authority that it has examined the referenced financial statements including the check
history, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check
history as presented in writing is approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia
Heights Economic Development Authority.
Passed this 6th day of April, 2015
MOTION BY:
Szurek
SECONDED BY:
Schmitt
AYES:
All ayes
President
Attest By:
Secretary
NEW BUSINESS
1. EDA Goals and Oblectives Discussion-
In early 2014, the EDA participated in a group planning process, facilitated by Ehler's which
resulted in a Strategic Planning Guide. Staff thought this would be a good opportunity to
discuss the goals and objectives to ensure continued focus on those identified in the Plan.
Hogeboom reviewed the goals with the members and the progress that has been made thus far.
He said some of the target dates were a little ambitious, but staff continues to work on them.
EDA Minutes
Page 3
April 6, 2015
Hogeboom explained that Goal #1 (enhance City Image) has been addressed with the Branding
Campaign. He acknowledged that this project took longer than anticipated but the final design and logo
will be presented at the April 27d' City Council meeting. Hogeboom stated that staff attempted to
establish a neighborhood group which was part of Strategy #3, but found there were very few interested
participants. Nawrocki said the Police Dept. has had some success reaching out to defined
neighborhood areas and maybe that could be expanded by other departments. Hogeboom will discuss
this possibility with Police staff.
There was some discussion about publicity and the use of social media to promote city events. Schmitt
feels the City could do abetter job with this. Hogeboom said some of this will be tweaked once the
branding and logo is approved. He said calendars are automatically being placed on Facebook now.
Goal #2 (determine location for City Library) — Hogeboom said this has been done. Use of the extra
land still needs to be determined. Nawrocki stated this may be difficult since the piece will be quite a
ways off Central so exposure is limited. Hogeboom agreed and said a lot will depend on whether
Heights Rental remains there or relocates.
Goal #3 (create redevelopment plan for Central Ave that will contribute to stability of businesses) — The
Jim McComb study accomplished some of the strategies. Fehst told members that Bob Streetar has
some students that are looking for a project to work on that would collect further data and then suggest
development plans that could work in the area. Hogeboom stated the new Open to Business program
that is provided by Anoka County also meets strategy #5. There was some discussion about strategy #6
and enforcement of the sign ordinance. Nawrocki commented about Jimmy's Pool Hall painted
storefront and how that is in violation of our ordinance and he thinks staff should enforce it even if it is
after the fact. Hogeboom said staff recently did a "sign blitz" along Central Avenue notifying owners
who are in violation mainly because of temporary signage issues.
Goal #4 (Housing programs and managing the number of rental properties) — Staff continues to work on
development of the vacant lots, establishing a plan for the Heritage Heights and Circle Terrace area
properties, and various housing assistance programs available to our residents. A new agreement for the
scattered site program will come before the members in May and staff will also provide information on
what other cities are doing in regards to Point of Sale Inspection programs.
Goal #5 (Invest in City infrastructure) — Hogeboom said the 2018 comprehensive Plan Update will
address a lot of these items.
Nawrocki stated he would like to see an analysis of the Plan indicating the percentage of what has been
accomplished thus far. Hogeboom said staff will work on that and provide a summary.
EDA Minutes
Page 4
April 6, 2015
2. Scattered Site Housing Program Update-
Wickham explained that the EDA approved a Scattered Site Housing Program in 2013. This Agreement
is expiring in May. The program consists of 3 components:
1. Master Listing Agreement: ReMax —Pete Heryla & John Rockwell Master. This document
is an agreement with the EDA and Pete Heryla and John Rockwell to list and market the lots for
sale currently at a sales price of $7,500 each.
2. Purchase and Redevelopment Agreement. This document is an agreement with the EDA and
Timbercraft Homes. A Purchase and Redevelopment Agreement is required for the sale of each
lot. This agreement determines the sales price, the model home type and completion date.
3.Model Homes. Timbercraft Homes currently provides 2 EDA approved models for buyers to
choose from.
Wickham told members there are some changes that could be made before renewing an agreement.
Some of the ideas staff was seeking feedback on are the following items:
• Staff recommends that we continue to utilize ReMax -Pete Heryla & John Rockwell as the listing
agents for the program.
*Staff recommends that ReMax reevaluate lot prices. Some may go up or down depending on
location.
• Staff recommends creating a set of design guidelines instead of 1 or 2 models. This would give
buyers more options to choose from.
• Staff recommends more flexibility for buyers to bring their own builder as long as they can meet
the design guidelines.
*Staff recommends continuing to require buyers to enter into a purchase and redevelopment
agreement.
*Staff recommends buyer to construct owner occupied single family housing and for buyers to sign
a 10 year deed restriction agreeing to that.
Staff is also looking into including additional lots the City and EDA own into the Scattered Sites
program. Staff will prepare a map outlining current lots in the program as well as lots to be added for
the EDA in May. Because of restrictions with the original funding source for acquisition and
demolition the City or EDA may be restricted in adding lots to the program.
Staff will have final documents and recommendations for you at the May 0 EDA meeting.
Questions /comments from members:
Members concurred that the project has been successful and they are happy with the finished product
of those constructed so far. They also were open to consider the suggestions made by staff to
encourage continued re- development of the remaining lots.
EDA Minutes
Page 5
April 6, 2015
6. Allocation of Funds to Rehab Incentive Pro ram - Resolution 2015 -05
Staff requests that the Columbia Heights Economic Development Authority (EDA) authorize the
transfer of $525.00 of the allocated funding for the Columbia Heights Deferred Loan Program
objective over to the Rehab Incentive Program objective. To honor existing Rehab Incentive Program
applications that were submitted in 2014, an additional $525.00 is needed. The Deferred Loan
Program currently has a balance of $9,488.62. Both programs are currently funded through the
Capital Improvement Development Fund (420).
Ouestions from members:
Hogeboom explained there is no more money allocated for the rebate program to continue, so staff is
not taking any new applications, however, the amount being requested is to cover the rebates that
were in process. He also told members that funds are available to our residents through other entities
such as Anoka County and MN Housing Finance Agency, so we are referring people to them.
Motion by Williams, seconded by Nawrocki, to waive the reading of Resolution 2015 -05, there being
an ample amount of copies available. All ayes. MOTIONPASSED.
Motion by Williams, seconded by Szurek, to adopt Resolution 2015 -05, authorizing the Allocation of
$525 within Fund 420 from the Single Family Deferred Loan Program to the Single Family Rehab
Incentive Program. All ayes. MOTIONPASSED.
EDA RESOLUTION NO. 2015-05
A RESOLUTION AUTHORIZING THE ALLOCATION OF $525 WITHIN FUND 420 FROM THE
SINGLE FAMILY DEFERRED LOAN PROGRAM TO THE SINGLE FAMILY REHAB
INCENTIVE PROGRAM.
WHEREAS, the Economic Development Authority (EDA) established the Single Family Rehab Incentive
Program in 2007 to partially subsidize the cost of home remodeling improvements to qualified residents, and
WHEREAS, the EDA last authorized funds for the Rehab Incentive Program in May, 2012, and
WHEREAS, the Single Family Rehab Incentive Program was intended to sunset when funding ended, and
WHEREAS, to honor outstanding program applications, and additional $525.00 is needed to be allocated to
the program fund, and
WHEREAS, the Single Family Deferred Loan Program contains adequate funding to provide the final
transfer.
EDA Minutes
Page 6
April 6, 2015
NOW THEREFORE BE IT RESOLVED
The Economic Development Authority authorizes the allocation of $525.00 for the Rehab Incentive Program
from Fund 420 - Department 46409 (Single Family Deferred Loan Program) to Fund 420 - Department 46408
(Single Family Rehab Incentive Program).
Passed this 6"i day of April, 2015.
Offered by: Williams
Seconded by: Szurek
Roll Call: All ayes
President
Walter Fehst, Executive Director
OTHER BUSINESS
Hogeboom told members there are some staffing issues at Parkview Villa that Staff and CommonBond
are working on. The Manager and Asst. Manager have resigned since their jobs were going to be
terminated at the time of closing. Staff is working to amend CommonBond's Contract to allow
an Aeon employee to start early with CommonBond still being the responsible party for HUD
reporting and enforcement of HUD rules. Hopefully this amendment will be brought to the HRA
at the April 28a' meeting. In the meantime, CommonBond has temps covering the office.
Hogeboom said the closing is still scheduled for May 15a'.
Hogeboom told members that there is currently an offer on the NE Business Center. The person
interested would like to turn the existing building into an entertainment venue for mid -size
concerts and corporate events. He is not seeking any financial assistance. Hogeboom said if he
moves forward with the purchase that the new use of the building will go before the Planning &
Zoning Commission as well as the City Council for approvals.
Hogeboom then passed out a handout from the recent North Metro Home and Garden Show that was
sponsored by the Cities of Blaine, Fridley, and Mounds View. He said Spring Lake Park and
New Brighton will be re joining and Columbia Heights has been invited to also join. Hogeboom
told members there is a $2,000 one -time fee to join which covers advertising expenses.
Hogeboom told members to think about whether they would like Columbia Heights to join in
this venture even though it is not held nearby. Nawrocki said he would not be in favor of doing
this and the other members said they would consider it at a later time.
EDA Minutes
Page 7
April 6,2015
The next regular EDA meeting will be Monday, May 4, 2015 at City Hall at 6:30 pm.
The meeting was adjourned at 7:35 pm.
Respectfully submitted,
Shelley Hanson
Secretary
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COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: May 4, 2015
AGENDA SECTION: Regular Business
ORIGINATING
EXECUTIVE
NO:4
DEPARTMENT: EDA
DIRECTOR
APPROVAL
ITEM: Grand Central Properties — Development
BY: Joe Hogeboom
BY:
Proposal
DATE: April 28, 2015
BACKGROUND:
Bruce Bahneman, of the C. Chase Company, in collaboration with Fe Equus (a Milwaukee -based
development firm), is considering approaching the EDA to amend the Grand Central Properties'
Contract for Private Development to construct two proposed rental apartment buildings at
4729 Grand Avenue NE and 1069 Grandview Way.
The Contract for Private Development currently has a requirement that all developed housing
units must be owner occupied. The plans currently reflect two condominium buildings on the
site. A similar proposal for apartment buildings was brought to the EDA in 2011. That proposal
was ultimately denied. If the EDA supports this proposal, the following sequence of events must
occur:
1. EDA approval of an amendment to the Contract for Private Development.
2. Planning and Zoning Commission approval of Site Plan and Design Criteria.
3. Staff approval of Building, Stormwater Management and other plans.
Mr. Bahneman has requested an audience with the EDA to better understand the community's
desire to develop rental housing at this location and determine if he should proceed with his
proposal. Mr. Bahneman will provide more detailed information about his proposal at the EDA
meeting.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: May 4, 2015
AGENDA SECTION: Regular Business
ORIGINATING
EXECUTIVE
NO:5
DEPARTMENT: EDA
DIRECTOR
APPROVAL
ITEM: K -12 Schools in the Commercial Zoning
BY: Joe Hogeboom
BY:
Districts
DATE: April 29, 2015
Robert Grootwassink, president of Grootwassink Real Estate, currently owns the Columbia Heights Shopping
Center located at the northeast corner of 40'h and Central Avenues. Global Academy, an elementary and middle
charter school, is located within the shopping center. The site is located in the Central Business District, and does
not permit K -12 schools. The school is considered a non - conforming use and cannot expand in its current location
or relocate to another property within the commercially -zoned areas of the City.
Mr. Grootwassink has indicated that Global Academy has an extensive waiting list of students, and would like to
expand its size. Mr. Grootwassink would like to relocate the school to the Central Valu Center in portions of the
former Rainbow Foods and Slumberland Clearance Center stores.
In order to accomplish this proposal, the City would have to amend the General and Central Business Zoning
District requirements to allow K -12 schools. The districts do currently permit trade schools and training centers.
The Planning and Zoning Commission discussed allowing K -12 schools within the commercial zoning districts in
2014, and ultimately determined not to recommend the change to the City Council. The Commission felt at that
time that allowing the use would interfere with the retail and business marketability of districts.
Mr. Grootwassink feels that his plan to relocate Global Academy to the Central Valu Center and bring in a new
charter school to the existing school location is viable, and he has requested an audience with the Economic
Development Authority to discuss his plans.
If the EDA would like to allow a charter school to be located in the Central Valu Center, then a change must be
made to the Zoning Code to permit K -12 schools within the commercial zoning districts in the City. If the EDA were
to consider the allowing K -12 schools in commercial areas, staff recommends doing so by use of the Conditional
Use Permit process.
Staff seeks direction from the EDA regarding whether or not to initiate the zoning amendment process.
Attachments:
1. Letter from Robert Grootwassink, dated April 14, 2015 (1 page)
2. Proposed Central Valu Center Layout (2 pages)
Grootwassink Real Estate
14675 Martin Drive, Suite 200
Eden Prairie, MN 55344
(952) 944 -1665 • Fax (952) 944 -2419
Joan M. Grootwassink
Robert E. Grootwassink
April 14, 2015
Joe Hogeboom
Director
City of Columbia Heights
Community Development Department
590 405h Avenue NE
Columbia Heights, MN 55421
Joseph .hogeboomOci.columbia - heights mn us
Re: 4300 Central Ave.
Dear Joe,
It was a pleasure to see you again to talk about our company purchasing 4300 Central Ave. We are
proposing to change the grocery store by enlarging the former Slumberland by 7,500 sq. ft., create
13,000 sq. ft. of small shops located in the front of the space. The rear of the space with entrance in the
front of 48,000 sq. ft. for a Charter School. We would relocate our existing Charter School located at
40`h and Central for them to enlarge their size. Their enrollment would remain about the same but
would allow an indoor basketball court.
We would set aside the free stand location for a smaller grocery store up to 20, 000 sq. ft. Also we are
trying to attract a Farmer's Market in the parking lot. We plan to do improvement for this in excess of 2
million dollars to make it look attractive and inviting for our customers.
What we need is city approval for a school in this location. The existing Global Academy would become
a smaller school.
Please let me know if we can address your council in their next meeting.
Sincerely,
Robert E. Grootwassink
Minneapolis -St. Paul- Bloomington, MN -WI
Central Valu Center
4300 Central Avenue NE I Columbia Heights, MN 55421 45.04727, - 93.248945
44th Ave NE
is I
"" Proposed
Our Pzrcel
'�iiii sc .3 acres '
i .eau sv
aIa..
3:.6]3 aF
43rd Ave NE
Center Size: 126,665 SF
01 66,314 SF 02 24,632 SF�
Current Retailers
03
Ace Hardware
11,838 SF
04
Dollar Tree
Z
05
f �
t s
5
men.ele
V
B6.]IL Si
5,580 SF
43rd Ave NE
Center Size: 126,665 SF
01 66,314 SF 02 24,632 SF�
Current Retailers
03
Ace Hardware
11,838 SF
04
Dollar Tree
12,101 SF
05
Meineke Car Care Center
6,200 SF
10
Ace Hardware Storage
5,580 SF
100
Slumberland Clearance Center Storage
200
Ace Hardware Storage
14,071 SF
6442
Matthew Johnson
612.798.7964
matthew.johnson@brixmor.com R'
Brixmor. ixmoccom iiw`
This site plan indicates the general layout of the shopping center and is net a warranty, representation, or agreement on the part of the landlord that the shopping center will be exactly as depicted herein.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Mrvtino nf• kAnx, A 101 S
BACKGROUND:
The EDA approved a Scattered Site Housing Program in 2013. The program consists of 3 components:
1. Master Listing Agreement: ReMax —Pete Heryla & John Rockwell Master. This document is
an agreement with the EDA and Pete Heryla and John Rockwell to list and market the lots for
sale. An updated list with proposed lot prices will be available at the meeting.
2. Purchase and Redevelopment Agreement. This document is an agreement with the EDA and a
licensed builder. A Purchase and Redevelopment Agreement that is required for the sale of each
lot. This agreement determines the sales price, the house plan and completion date.
3. Model Homes. We are recommending a set of design requirements to replace the models.
Staff is recommending the following changes to the Scattered Site Housing Program:
• Staff recommends that we continue to utilize ReMax -Pete Heryla & John Rockwell as the listing
agents for the program.
• Staff recommends the revised listing prices for lots in the program.
• Staff recommends adopting the design requirements instead of 1 or 2 models and authorizing
staff to approve house plans submitted.
• Staff recommends more flexibility for buyers to bring their own builder as long as they can meet
the design requirements.
• Staff recommends continuing to require buyers to enter into a purchase and redevelopment
agreement.
• Staff recommends buyer to construct owner occupied single family housing and for buyers to
sign a 10 year deed restriction agreeing to that.
• Staff recommends keeping the 15% payment in excess of $160,000 home sale.
RECOMMENDED MOTIONS:
Motion: Move to enter into new Master Listing Agreement with ReMax
Motion: Move to adopt Design Requirements for Scattered Sites Housing Program
Motion: Move to adopt changes to Purchase and Redevelopment Agreement for Scattered Sites
Housing Program
Motion: Move to adopt changes to Addendum B to Exclusive Right to Sell Listing Contract for
Scattered Sites Housing Program
EDA ACTION:
AGENDA SECTION: Regular Business
ORIGINATING
EXECUTIVE
DEPARTMENT: EDA
DIRECTOR
APPROVAL
ITEM: 6. Scattered Site Housing Program
BY: Loren Wickham
BY:
DATE: April 29, 2015
BACKGROUND:
The EDA approved a Scattered Site Housing Program in 2013. The program consists of 3 components:
1. Master Listing Agreement: ReMax —Pete Heryla & John Rockwell Master. This document is
an agreement with the EDA and Pete Heryla and John Rockwell to list and market the lots for
sale. An updated list with proposed lot prices will be available at the meeting.
2. Purchase and Redevelopment Agreement. This document is an agreement with the EDA and a
licensed builder. A Purchase and Redevelopment Agreement that is required for the sale of each
lot. This agreement determines the sales price, the house plan and completion date.
3. Model Homes. We are recommending a set of design requirements to replace the models.
Staff is recommending the following changes to the Scattered Site Housing Program:
• Staff recommends that we continue to utilize ReMax -Pete Heryla & John Rockwell as the listing
agents for the program.
• Staff recommends the revised listing prices for lots in the program.
• Staff recommends adopting the design requirements instead of 1 or 2 models and authorizing
staff to approve house plans submitted.
• Staff recommends more flexibility for buyers to bring their own builder as long as they can meet
the design requirements.
• Staff recommends continuing to require buyers to enter into a purchase and redevelopment
agreement.
• Staff recommends buyer to construct owner occupied single family housing and for buyers to
sign a 10 year deed restriction agreeing to that.
• Staff recommends keeping the 15% payment in excess of $160,000 home sale.
RECOMMENDED MOTIONS:
Motion: Move to enter into new Master Listing Agreement with ReMax
Motion: Move to adopt Design Requirements for Scattered Sites Housing Program
Motion: Move to adopt changes to Purchase and Redevelopment Agreement for Scattered Sites
Housing Program
Motion: Move to adopt changes to Addendum B to Exclusive Right to Sell Listing Contract for
Scattered Sites Housing Program
EDA ACTION:
C�i
COLUMBIA
HEIGHTS
Scattered Site Housing Program
Design Requirements
The development of all sites within the Scattered Sites Housing Program is subject to
the City of Columbia Heights Zoning Code and the development criteria below, as
reviewed and approved by the Community Development Director. Housing design is a
significant element of this program. The design requirements were created to respond to
specific concerns of the EDA and to build homes that blend in with the surrounding
neighborhood.
A. New House Standards
a. Minimum foundation size of 1,020 square feet
b. New dwellings must be owner- occupied by way of deed restrictions
c. Minimum of three finished bedrooms are required
d. Minimum of one and one half bathrooms are required
e. Minimum of a two -stall garage is required 20'x20'
f. A full basement is required, unless the selected design is a split - level.
g. Exterior materials shall be low maintenance, synthetic wood (fiber
cement) siding resembling horizontal lap siding, such as Hardiplank and
similar materials. The use of brick, stone and /or stucco is encouraged on
the front facade.
h. Principal structure setbacks are as follows: front setback is 25 feet, side
setback is 5 feet, corner side setback is 10 feet and rear setback is 20% of
lot depth.
L All houses must meet or exceed Minnesota Energy Code requirements
j. Houses must present a balanced distribution of wall, door and window
area from all views.
B. Site Standards
a. After construction the site must be fully landscaped. The entire grounds
shall be landscaped and be aesthetically pleasing in all seasons. To the
greatest extent possible, existing trees should be preserved. Best efforts
shall be made to replace any removed trees and should be shown on a
landscape plan.
b. Site drainage shall be approved by the City Engineer. Neighboring
properties must not be affected by creation of drainage swales. All
drainage should be accommodated on site so that water is directed away
from the new house and neighboring properties.
c. All air conditioning units must be located in the backyard, unless
otherwise approved by the EDA.
d. A hard surface driveway is required to the garage. The driveway shall be
accessed from the alley when applicable.
e. Lot coverage is determined by the zoning ordinance.
1.
2.
3.
4.
5.
PURCHASE AND REDEVELOPMENT AGREEMENT
Parties. This Purchase Agreement is made as of , 20
between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a
public body corporate and politic under the laws of Minnesota having its office located at
590 40T11 Avenue NE, Columbia Heights, MN (the "Seller "), and
(the "Buyer ").
Offer /Acceptance. Buyer offers to purchase and Seller agrees to sell real property
legally described as follows (the "Property"):
[INSERT LEGAL DESCRIPTION]
Price and Terms. The price for the Property is
pay as follows: Earnest money of
which Buyer shall
by check, receipt of which is
hereby acknowledged by Seller, and the balance of to be paid by
certified check on the Date of Closing. The "Date of Closing" shall be , or
such other earlier or later date as the parties mutually agree.
Personal Property Included in Sale. There are no items of personal property or fixtures
owned by Seller and currently located on the Property for purposes of this sale.
Deed. Upon performance by Buyer, Seller shall deliver a quit claim deed conveying title
to the Property to Buyer, in substantially the form attached as Exhibit A (the "Deed ").
421009x45 CL205 -49
6. Real Estate Taxes and Special Assessments. The parties agree and understand that the
Property is exempt from real estate taxes for taxes payable in the current year. Seller
shall pay on Date of Closing all special assessments levied against the Property as of the
date of this agreement, including those certified for payment with taxes due and payable
in 20_. [Insert if true: Seller represents that there are no special assessments pending
as of the date of this agreement.] If a special assessment becomes pending after the date
of this agreement and before the Date of Closing, Buyer may, as Buyer's option:
A. Assume payment of the pending special assessment without adjustment to the
purchase agreement price of the Property; or
B. Require Seller to pay the pending special assessment and Buyer shall pay a
commensurate increase in the purchase price of the Property, which increase shall
be the same as the estimated amount of the assessment; or
C. Declare this agreement null and void by notice to Seller, and earnest money shall
be refunded to Buyer.
7. Closing Costs and Related Items. The Seller shall be responsible for the following costs:
(a) recording fees and conservation fees for all instruments required to establish marketable
title in Seller; (b) deed transfer taxes and conservation fees required to be paid in connection
with the Deed be given by Seller; and (c) Seller's broker fees. Buyer shall be responsible
for the payment of the following costs: (d) recording fees required to be paid in connection
with the Deed to be given by Seller; (e) the cost of the registered property abstract or
updated abstract, or in the absence of an abstract, the cost of the premium for an owner's
policy of title insurance, and (f) closing fee, if any. Each party shall be responsible for its
own attorneys' fees and costs.
8. Sewer and Water. Seller warrants that city sewer is available at the Property line, and
that city water is available in the right of way adjacent to the Property. Seller makes no
warranty regarding the conditions of any existing water stub from the main to the
Property line. Seller advises Buyer to inspect the condition of the water stub.
9. Condition of Property. Buyer acknowledge that they have inspected or have had the
opportunity to inspect the Property and agree to accept the Property "AS IS." Buyer has
the right, at its own expense to take soil samples for the purpose of determining if the soil
is suitable for construction of the dwelling described in section 14 below. If the soil is
determined to be unacceptable the Buyer may rescind this agreement by written notice to
the Seller, in which case the agreement shall be null and void and all earnest money paid
hereunder shall be refunded to the Buyer. Seller makes no warranties as to the condition
of the Property.
10. Marketability of Title. As soon as reasonably practicable after the date of this
Agreement, Seller shall furnish to Buyer a registered property abstract or an updated
421009v45 CL205 -09
abstract of title to the Property, certified to date to include proper searches covering
bankruptcies, state and federal judgment and liens. In the absence of an abstract of title,
the Seller will provide a title commitment and title insurance. Buyer shall have fifteen
(15) business days after receipt of the abstract or title commitment to examine the same
and to deliver written objections to title, if any, to Seller. Seller shall have the greater of
(i) the number of days remaining until the Date of Closing or (ii) thirty (30) days to have
such objections removed or satisfied.
11. Title Clearance and Remedies. If Seller shall fail to have title objections timely
removed, the Buyer may, at its sole election: (a) terminate this Agreement without any
liability on its part; in which event the earnest money shall be promptly refunded in
exchange for a quit claim deed to the Property from Buyer; or (b) take title to the Property
subject to such objections.
If title is marketable, or is made marketable as provided herein, and Buyer defaults in any
of the agreements herein, Seller may elect either of the following options, as permitted by
law:
A. Cancel this contract as provided by statute and retain all payments made
hereunder as liquidated damages. The parties acknowledge their intention that
any note given pursuant to this contract is a down payment note, and may be
presented for payment notwithstanding cancellation;
B. Seek specific performance within six months after such right of action arises,
including costs and reasonable attorney's fees, as permitted by law.
If title is marketable, or is made marketable as provided herein, and Seller defaults in any
of the agreements herein, Buyer may, as permitted by law:
C. Seek damages from Seller including costs and reasonable attorney's fees;
D. Seek specific performance within six months after such right of action arises
12. Well Disclosure. Seller certifies that Seller does not know of any wells on the Property.
13. Individual Sewage Treatment System Disclosure. Seller certifies that there is no
individual sewage treatment system on or serving the Property.
14. Construction and Sale of Dwelling. Buyer agrees that it will construct a new single
family dwelling on the Property, intended for sale to a person or persons for residential
occupancy (an "Owner Occupant "). This covenant shall survive the delivery of the Deed.
A. The single family dwelling described in this Section is referred to as the
"Minimum Improvements."
3
421009v45 CL205 -49
B. The Minimum Improvements shall consist of a house with approximately
square feet, _ bedrooms, and shall be constructed substantially
in accordance with the general plans e —Msdel Scattered Site Housing
Program Design Requirements on file in City Hall. Construction plans must be
approved by the Community Development Department prior to commencement of
construction. Construction of the Minimum Improvements must be substantially
completed by , 20 . Construction will be considered substantially
complete when the final certificate of occupancy has been issued by the City of
Columbia Heights building official.
C. Promptly after substantial completion of the Minimum Improvements in
accordance with those provisions of the Agreement relating solely to the
obligations of the Buyer to construct such Minimum Improvements (including the
date for completion thereof), the Seller will furnish the Buyer with a Certificate of
Completion for such improvements. Such certification by the Seller shall be (and
it shall be so provided in the Deed and in the certification itself) a conclusive
determination of satisfaction and termination of the agreements and covenants in
the Agreement and in the Deed with respect to the obligations of the Buyer and its
successors and assigns, to construct the Minimum Improvements and the dates for
completion thereof
The certificate provided for in this Section of this Agreement shall be in such
form as will enable it to be recorded in the proper office for the recordation of
deeds and other instruments pertaining to the Property. If the Seller shall refuse or
fail to provide any certification in accordance with the provisions of this Section,
the Seller shall, within thirty (30) days after written request by the Buyer, provide
the Buyer with a written statement, indicating in adequate detail in what respects
the Buyer has failed to complete the Minimum Improvements in accordance with
the provisions of the Agreement, or is otherwise in default, and what measures or
acts it will be necessary, in the opinion of the Seller for the Buyer to take or
perform in order to obtain such certification.
D. The Buyer represents and agrees that until issuance of the Certificate of Completion
for the Minimum Improvements:
(1) Except for any sale to an Owner Occupant, the Buyer has not made
or created and will not make or create or suffer to be made or created any total or
partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in
any other mode or form of or with respect to this Agreement or the Property or
any part thereof or any interest therein, or any contract or agreement to do any of
the same, to any person or entity (collectively, a "Transfer "), without the prior
written approval of the Seller's board of commissioners. The term "Transfer"
does not include encumbrances made or granted by way of security for, and only
4
421009v45 CI205 -49
for, the purpose of obtaining construction, interim or permanent financing
necessary to enable the Buyer or any successor in interest to the Property, or any
part thereof, to construct the Minimum Improvements or component thereof.
(2) If the Buyer seeks to effect a Transfer to any person or entity other
than an Owner Occupant prior to issuance of the Certificate of Completion, the
Seller shall be entitled to require as conditions to such Transfer that:
(i) any proposed transferee shall have the qualifications and
financial responsibility, in the reasonable judgment of the Seller, necessary
and adequate to fulfill the obligations undertaken in this Agreement by the
Buyer as to the portion of the Property to be transferred; and
(ii) Any proposed transferee, by instrument in writing
satisfactory to the Seller and in form recordable in the public land records
of Anoka County, Minnesota, shall, for itself and its successors and
assigns, and expressly for the benefit of the Seller, have expressly assumed
all of the obligations of the Buyer under this Agreement as to the portion
of the Property to be transferred and agreed to be subject to all the
conditions and restrictions to which the Buyer is subject as to such portion;
provided, however, that the fact that any transferee of, or any other
successor in interest whatsoever to, the Property, or any part thereof, shall
not, for whatever reason, have assumed such obligations or so agreed, and
shall not (unless and only to the extent otherwise specifically provided in
this Agreement or agreed to in writing by the Seller) deprive the Seller of
any rights or remedies or controls with respect to the Property, the
Minimum Improvements or any part thereof or the construction of the
Minimum Improvements; it being the intent of the parties as expressed in
this Agreement that (to the fullest extent permitted at law and in equity
and excepting only in the manner and to the extent specifically provided
otherwise in this Agreement) no transfer of, or change with respect to,
ownership in the Property or any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or involuntary,
shall operate, legally, or practically, to deprive or limit the Seller of or with
respect to any rights or remedies on controls provided in or resulting from
this Agreement with respect to the Property that the Seller would have had,
had there been no such transfer or change. In the absence of specific
written agreement by the Seller to the contrary, no such transfer or
approval by the Seller thereof shall be deemed to relieve the Buyer, or any
other party bound in any way by this Agreement or otherwise with respect
to the Property, from any of its obligations with respect thereto.
(iii) Any and all instruments and other legal documents
involved in effecting the transfer of any interest in this Agreement or the
5
421009x45 CL20549
Property governed by this subsection E. shall be in a form reasonably
satisfactory to the Seller.
(3) If the conditions described in paragraph (2) above are satisfied then
the Transfer will be approved and the Buyer shall be released from its obligation
under this Agreement, as to the portion of the Property that is transferred,
assigned, or otherwise conveyed. The provisions of this paragraph (3) apply to all
subsequent transferors.
(4) Upon issuance of the Certificate of Completion, the Buyer may
Transfer the Property and/or the Buyer's rights and obligations under this Agreement
with respect to such Property without the prior written consent of the Seller [, except
to the extent required under paragraph F of this Section].
E. The Buyer, and its successors and assigns, agree that they (a) will use the
Minimum Improvements only as a single family dwelling, and in the case of an
Owner Occupant, will occupy the Property as a residence, (b) will not rent the
Property to any person or entity, (c) will not seek exemption from real estate taxes
on the Property under State law, and (d) will not transfer or permit transfer of the
Property to any entity whose ownership or operation of the Property would result
in the Property being exempt from real estate taxes under State law (other than any
portion thereof dedicated or conveyed to the City of Columbia Heights or Seller in
accordance with this Agreement). The covenants in this paragraph run with the
land, survive both delivery of the Deed and issuance of the Certificate of
Completion for the Minimum Improvements, and shall remain in effect for —ten
years after the Date of Closing.
F. The Buyer shall use its best efforts to convey the Property (either before or after
issuance of the Certificate of Completion) to an Owner Occupant whose household
income does not exceed (a) 100% of median income in the case of one or two
person household Owner Occupants, or (b) 115% of median income in the case of
three or more person Owner Occupants. The term "median income" means the
median income in the seven - county metropolitan area, or the State as a whole,
whichever is greater, using income data available from the Minnesota Housing
Finance Agency as of the date of closing on sale to the Owner Occupant. Prior to
closing on sale the Property by Buyer to an Owner Occupant, Buyer shall:
(1) Notify the Seller in writing whether the proposed Owner Occupant will
meet the income qualifications under this paragraph; and
(2) If the proposed Owner Occupant will not meet the income limits,
describe Buyer's efforts to find an income - qualified buyer; and
6
421009v45 CL20549
(2) If the proposed Owner Occupant will meet the income limits, submit to
Seller evidence of Owner Occupant's income in a form satisfactory to Seller,
evidencing compliance with the income limits described above. The covenant in
this Section applies only to the first sale of the Property to an Owner Occupant, and
does not apply to any subsequent sale by an Owner Occupant to any other person or
party-
15. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to
Buyer. In the event that subsequent to conveyance of the Property or any part thereof to the
Buyer and prior to receipt by the Buyer of the Certificate of Completion for of the Minimum
Improvements, the Buyer, subject to Unavoidable Delays (as hereafter defined), fails to
cant' out its obligations with respect to the construction of the Minimum hirprovements
(including the nature and the date for the completion thereof), or abandons or substantially
suspends construction work, and any such failure, abandonment, or suspension shall not be
cured, ended, or remedied within thirty (30) days after written demand from the Seller to the
Buyer to do so, then the Seller shall have the right to re -enter and take possession of the
Property and to terminate (and revest in the Seller) the estate conveyed by the Deed to the
Buyer, it being the intent of this provision, together with other provisions of the Agreement,
that the conveyance of the Property to the Buyer shall be made upon, and that the Deed shall
contain a condition subsequent to the effect that in the event of any default on the part of the
Buyer and failure on the part of the Buyer to remedy, end, or abrogate such default within
the period and in the manner stated in such subdivisions, the Seller at its option may declare
a termination in favor of the Seller of the title, and of all the rights and interests in and to the
Property conveyed to the Buyer, and that such title and all rights and interests of the Buyer,
and any assigns or successors in interest to and in the Property, shall revert to the Seller, but
only if the events stated in this Section have not been cured within the time periods
provided above.
Notwithstanding anything to the contrary contained in this Section, the Seller shall have no
right to reenter or retake title to and possession of a portion of the Property for which a
Certificate of Completion has been issued.
For the purposes of this Agreement, the term "Unavoidable Delays" means delays beyond
the reasonable control of the Buyer as a result thereof which are the direct result of strikes,
other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the
Minimum Improvements, litigation commenced by third parties which, by injunction or
other similar judicial action, directly results in delays, or acts of any federal, state or local
governmental unit (other than the Seller in exercising its rights under this Agreement)
which directly results in delays. Unavoidable Delays shall not include delays in the Buyer's
obtaining of permits or governmental approvals necessary to enable construction of the
Minimum Improvements by the dates such construction is required under this section of this
Agreement.
7
421009v4� CU05 -49
16. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the
Seller of title to and/or possession of the Property or any part thereof as provided in Section
16, the Seller shall apply the purchase price paid by the Buyer under Section 4 of this
Agreement as follows:
(a) First, to reimburse the Seller for all costs and expenses incurred by the Seller,
including but not limited to proportionate salaries of personnel, in connection with
the recapture, management, and resale of the Property or part thereof (but less any
income derived by the Seller from the Property or part thereof in connection with
such management); all taxes, assessments, and water and sewer charges with
respect to the Property or part thereof (or, in the event the Property is exempt from
taxation or assessment or such charge during the period of ownership thereof by
the Seller, an amount, if paid, equal to such taxes, assessments, or charges (as
determined by the Seller assessing official) as would have been payable if the
Property were not so exempt); any payments made or necessary to be made to
discharge any encumbrances or liens existing on the Property or part thereof at the
time of revesting of title thereto in the Seller or to discharge or prevent from
attaching or being made any subsequent encumbrances or liens due to obligations,
defaults or acts of the Buyer, its successors or transferees; any expenditures made
or obligations incurred with respect to the making or completion of the Minimum
Improvements or any part thereof on the Property or part thereof; and any amounts
otherwise owing the Seller by the Buyer and its successor or transferee; and
(b) Second, to reimburse the Buyer for the balance of the purchase price remaining
after the reimbursements specified in paragraph (a) above. Such reimbursement
shall be paid to the Buyer upon delivery of an executed, recordable warranty deed
to the Property by the Buyer to the Seller.
17. Time is of the essence for all provisions of this contract.
18. Notices. All notices required herein shall be in writing and delivered personally or
mailed to the address shown at paragraph 1 above and, if mailed, are effective as of the
date of mailing.
19. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota.
20. Specific Performance. This Agreement may be specifically enforced by the parties,
provided that an action is brought within one year of the date of alleged breach of this
Agreement.
21. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Seller or
Buyer is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
8
421009v45 CL20549
delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient.
22. No Merger of Representations, Warranties. All representations and warranties contained
in this Purchase Agreement shall not be merged into any instruments or conveyance
delivered at closing, and the parties shall be bound accordingly.
23. Recording. This Agreement shall be filed of record with the Anoka County Registrar of
Titles or Office of Recorder, as the case may be. Buyer shall pay all recording costs.
9
421009x45 CL205 -09
In witness of the foregoing, the parties have executed this agreement on the year and date
written above.
SELLER: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
By:
Its President
STATE OF MINNESOTA
COUNTY OF ANOKA
} ss.
Its Executive Director
The foregoing was acknowledged before me this day of 20, by
and , the President and Executive Director
of Columbia Heights Economic Development Authority, a public body corporate and politic
under the laws of Minnesota, on behalf of the public body corporate and politic.
S -1
421009v45 CL20549
BUYER:
M
STATE OF MINNESOTA
} ss.
COUNTY OF ANOKA
The foregoing was acknowledged before me this _
the of
on behalf of the
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
Minneapolis, MN 55402
S -2
421009v45 CL205 -49
day of 20_, by
a Minnesota
EXHIBIT A
to
PURCHASE AND REDEVELOPMENT AGREEMENT
FORM OF QUIT CLAIM DEED
THIS INDENTURE, between the Columbia Heights Economic Development Authority, a
Minnesota, a public body corporate and politic (the "Grantor "), and , a
Minnesota (the "Grantee ").
WITNESSETH, that Grantor, in consideration of the sum of $ and other good
and valuable consideration the receipt whereof is hereby acknowledged, does hereby grant,
bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or
parcel of land lying and being in the County of Anoka and State of Minnesota described as
follows, to -wit (such tract or parcel of land is hereinafter referred to as the "Property "):
To have and to hold the same, together with all the hereditaments and appurtenances
thereunto belonging.
SECTION 1.
It is understood and agreed that this Deed is subject to the covenants, conditions,
restrictions and provisions of an agreement recorded herewith entered into between the Grantor
and Grantee on the of , 20_, identified as "Purchase and
Redevelopment Agreement' ' (hereafter referred to as the "Agreement ") and that the Grantee shall
not convey this Property, or any part thereof, except as permitted by the Agreement until a
certificate of completion releasing the Grantee from certain obligations of said Agreement as to
this Property or such part thereof then to be conveyed, has been placed of record. This provision,
however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain
funds for the purchase of the Property hereby conveyed or for erecting the Minimum
Improvements thereon (as defined in the Agreement) in conformity with the Agreement, any
applicable development program and applicable provisions of the zoning ordinance of the City of
Columbia Heights, Minnesota, or for the refinancing of the same.
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the redevelopment of the Property through the construction of the Minimum
Improvements thereon, as provided in the Agreement.
Promptly after completion of the Minimum Improvements in accordance with the
provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument
so certifying. Such certification by the Grantor shall be (and it shall be so provided in the
A -1
421009v45 CL205 -49
certification itself) a conclusive determination of satisfaction and termination of the agreements
and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee,
and its successors and assigns, to construct the Minimum Improvements and the dates for the
beginning and completion thereof. Such certification and such determination shall not constitute
evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a
mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the
Property hereby conveyed or the Minimum Improvements, or any part thereof.
All certifications provided for herein shall be in such form as will enable them to be
recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If the
Grantor shall refuse or fail to provide any such certification in accordance with the provisions of
the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by
the Grantee, provide the Grantee with a written statement indicating in adequate detail in what
respects the Grantee has failed to complete the Minimum hnprovements in accordance with the
provisions of the Agreement or is otherwise in default, and what measures or acts it will be
necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain
such certification.
SECTION 2.
The Grantee's rights and interest in the Property are subject to the terms and conditions of
Sections 14A, 14B and 15 of the Agreement relating to the Grantor's right to re -enter and revest
in Grantor title to the Property under conditions specified therein, including but not limited to
termination of such right upon issuance of a Certificate of Completion as defined in the
Agreement.
SECTION 3.
The Grantee agrees for itself and its successors and assigns to or of the Property or any
part thereof, hereinbefore described, that the Grantee and such successors and assigns shall
comply with Section 14E of the Agreement for a period of —ten years after the date hereof.
It is intended and agreed that the above and foregoing agreements and covenants shall be
covenants running with the land for the respective terms herein provided, and that they shall, in
any event, and without regard to technical classification or designation, legal or otherwise, and
except only as otherwise specifically provided in this Deed, be binding, to the fullest extent
permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor
against the Grantee, its successors and assigns, and every successor in interest to the Property, or
any part thereof or any interest therein, and any party in possession or occupancy of the Property
or any part thereof.
In amplification, and not in restriction of, the provisions of the preceding section, it is
intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and
covenants provided herein, both for and in its own right, and also for the purposes of protecting
A -2
421009v45 CL205-49
the interest of the community and the other parties, public or private, in whose favor or for whose
benefit these agreements and covenants have been provided. Such agreements and covenants
shall run in favor of the Grantor without regard to whether the Grantor has at any time been,
remains, or is an owner of any land or interest therein to, or in favor of, which such agreements
and covenants relate. The Grantor shall have the right, in the event of any breach of any such
agreement or covenant to exercise all the rights and remedies, and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such breach of
agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may
be entitled; provided that Grantor shall not have any right to re -enter the Property or revest in the
Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its
obligations under this Section 3.
Grantor certifies that it does not know of any wells on the Property.
A -3
421009v4l CL205 -49
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its President and Executive Director and has caused its corporate seal to be hereunto
affixed this day of 20_
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) ss
COUNTY OF )
On this day of 20_, before me, a notary public within and for
County, personally appeared and to me
personally known who by me duly sworn, did say that they are the President and Executive
Director of the Columbia Heights Economic Development Authority (the "Authority ") named in
the foregoing instrument; that the seal affixed to said instrument is the seal of said Authority; that
said instrument was signed and sealed on behalf of said Authority pursuant to a resolution of its
governing body; and said and acknowledged said
instrument to be the free act and deed of said Authority.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Charted (SJB)
470 U.S. Bank Plaza
Minneapolis, MN 55402
A -4
421009x4.5 CL20549
EXHIBIT B
To
PURCHASE AND REDEVELOPMENT AGREEMENT
FORM OF CERTIFICATE OF COMPLETION
WHEREAS, the Columbia Heights Economic Development Authority, a public body,
corporate and politic (the "Grantor "), conveyed land in Anoka County, Minnesota to
, a (the "Grantee "), by a Deed recorded in the
Office of the County Recorder [and in the Office of the Registrar of Titles] in and for the County
of Anoka and State of Minnesota, as Document Numbers and
respectively;
and
WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1
and 2 of said Deed; and
WHEREAS, said Grantee has performed said covenants and conditions insofar as it is
able in a manner deemed sufficient by the Grantor to permit the execution and recording of this
certification;
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Grantee have been completed and the above
covenants and conditions in said Deed and the agreements and covenants in Sections 14A and
14B of the Agreement (as described in said Deed) have been performed by the Grantee therein,
and the County Recorder [and the Registrar of Titles] in and for the County of Anoka and State
of Minnesota are hereby authorized to accept for recording and to record, the filing of this
instrument, to be a conclusive determination of the satisfactory termination of the covenants and
conditions of Sections 14A and 14B of the Agreement and the covenants and restrictions set
forth in Sections 1 and 2 of said Deed; provided that the covenants set forth in Sections 14E of
the Agreement, and in Section 3 of the Deed, remain in full force and effect through the period
stated thereon.
Dated: 20
B -1
421009v45 CL205 -49
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMEN AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) ss
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _ day of
20_, by and , the President and Executive
Director, respectively, of the Columbia Heights Economic Development Authority, on behalf of
the authority.
Notary Public
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 U.S. Bank Plaza
Minneapolis, MN 55402
(612) 337 -9300
B -2
421009v45 CL205 -49
ADDENDUM B TO
EXCLUSIVE RIGHT TO SELL LISTING CONTRACT DATED ,
28432W
In negotiating sales of all lots of the Property, Broker will use the form of
Purchase and Redevelopment Agreement attached hereto (the "Purchase
Agreement "), subject to any modifications approved by Seller's Community
Development Director.
2. Broker agrees and understands that Seller's goal is to sell all lots of the Property
to builders who will construct single family homes for sale to persons who meet
the income limits set forth in the Purchase Agreement. Broker will use its best
efforts to market all lots to builders who will, in turn, agree to use their best
efforts to sell completed homes to income - qualified buyers.
3. Broker further agrees and understands that builders will be required to construct a
home on each lot using one ofthfee models app-, ved by Sell° in compliance with
the City of Columbia Heights Scattered Site Housing Program Design
Requirements (the "Design Requirements "l; the specific medeldesign for each lot
will made with approval °tbe approved by Seller's Community Development
DireeterDenartment. and such approval will be speeified 4n required under the
Purchase Agreement. One exception to this provision is the lot at 4303 Reservoir,
for which Broker will consult with Seller and proposed buyer regarding the design
and specifications for the house.
4. Acceptance of any offer from a buyer for any lot, will be subject to:
(a) Consultation with Seller's Community Development
Dir- eeterDenartment as to: purchase price; the size and medeldesJi n of the single
family home to be constructed; and construction deadlines for the home.
(b) Approval of the Purchase Agreement by Seller's board of
commissioners.
(c) Seller's board of commissioners having held a public hearing
regarding the subject lot (which hearing may be held in the aggregate for the
entire Property).
5. During st ach year &0 nn the term of this Agreement, the Broker will list
all pafeels of the Property at the priees shown on Addendum A. Fr-effi and after
1, first of the date of this A ....,.,.meat aeh pareel m ...t 1.° l:sqt °.7
under the - lowifIg-terxrs: (a) at egos:«g e sale from Seller to builder,
the builder must « at least the list price ..1...wn in Addendum A.aetermine the
appropriate sale price for each lot, subject to annual review and approval by the
Seller.
nm. < T." 94210 ov ?05A9
(b) if the builder sells the completed house (including land and building)
to an Owner Occupant (as defined in the Purchase Agreement) for price
exceeding $160,000, then the builder shall pay to Seller 15% of the amount by
which the final purchase price exceeds $160,000. Such additional payment is due
upon closing of the sale by builder to the Owner Occupant.
(c) For example, assume Seller sells Parcel A to builder for $7,500.
Builder completes a house and sells to Owner - Occupant for $170,000. Upon
closing on that sale, builder shall pay to Seller an additional $1,500, or 15% of the
$10,000 excess purchase price.
(d) Each Purchase Agreement entered into during the second year of
the term of this Agreement shall be adjusted to reflect substantially the terms
described in this Section.
(e) This Section does not apply to the parcel at 4303 Reservoir
Boulevard; the list price for that parcel will remain as shown in Addendum for the
term of this Agreement.
6. Broker and Seller agree and understand that Broker intends to work closely with
Timbercraft Homes (the `Builder "), which Builder expects to acquire one or more
lots and build single family homes for resale to Owner Occupants (as defined in
the Purchase Agreement). Broker may sell any or all lots to Builder, provided
that nothing in this Agreement is intended to give the Builder any rights under this
Agreement, or any rights with respect to any lot, or to preclude sales of lots to any
other person or entity.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: May 4, 2015
AGENDA SECTION: Regular Business
ORIGINATING
EXECUTIVE
NO:7
DEPARTMENT: EDA
DIRECTOR
APPROVAL
ITEM: North Metro Community Home and
BY: Joe Hogeboom
BY:
Garden Show
DATE: April 28, 2015
BACKGROUND:
The City of Columbia Heights has been invited to participate in the North Metro Community Home and
Garden Show. The Show is currently sponsored by the cities of Blaine, Fridley and Mounds View. It is
designed to benefit both the citizens and businesses who participate, while helping inspire, encourage
and support homeowners who want to improve their homes and yards.
Attendees of the Show are able to meet with and learn from experienced professionals who offer the
latest product information. They will also have the opportunity to learn from experts at seminars
scheduled throughout the Show hours. Each participating city has a booth at the Show where residents
can interface directly with staff.
The City of New Brighton has also been invited to join the Show. Participation in the Show requires a one-
time payment of $2,000 to the Fridley Housing and Redevelopment Authority. The payment is meant to
cover operational and advertising costs.
Motion: Move to authorize the EDA President and Executive Director to execute and agreement with the
Fridley Housing and Redevelopment Authority (HRA) designating Columbia Heights as a co- sponsor of the
North Metro Home and Garden Show and allocating a one -time payment of $2,000 to the Fridley HRA for
operational costs.
ATTACHMENT:
1. Agreement with the Fridley Housing and Redevelopment Authority (2 pages)
ACTION:
AGREEMENT
This agreement is made between the Fridley Housing Redevelopment Authority
(hereinafter the "Fridley HRK) and the Columbia Heights Economic Development
Authority (hereinafter, the "Columbia Heights EDA ") on this day, 2015.
The City of Columbia Heights agrees to annually co- sponsor a multi- community home
and garden show with the cities of Blaine, Fridley and Mounds View. The one day
show, to be known as the North Metro Home and Garden Show, is typically held at the
National Sports Center in Blaine, MN each February from 9:00 a.m. to 3:00 p.m, on a
Saturday. The Show encompasses many aspects of home building or home
remodeling, and is intended to serve as a benefit to the residents of the cities
sponsoring the event.
The Fridley HRA agrees to act as the fiscal agent responsible for the finances
associated with the Show. The Columbia Heights EDA agrees to pay $2,000 to the
Fridley HRA as its share of the costs to be incurred by the Fridley HRA for the
additional costs of including Columbia Heights as a show sponsor of the North Metro
Home and Garden Show.
Except for any breach of the representation of the Fridley HRA, any willful
misrepresentation of any willful or wanton misconduct of the Fridley HRA, or the
negligence or other wrongful act or omission of any officers, agents and employees of
the Fridley HRA, the Columbia Heights EDA agrees to indemnify and hold harmless the
Fridley HRA and its officers, agents, employees against any claim, demand, suit, action,
or other proceeding arising pursuant to the Agreement resulting from actions or failures
to act by the Fridley HRA or its governing body members, officers, agents, or
employees, provided that the foregoing indemnification shall not be effective for any
actions of the Fridley HRA that are not contemplated by this Agreement.
The Fridley HRA acknowledges that it is has sole responsibility for paying all amounts
due to various parties servicing the North Metro Home and Garden Show. The Fridley
HRA agrees that the $2,000 paid by the Columbia Heights EDA pursuant to this
agreement will be used for the additional costs associated with changes to the website
and promotional materials necessary to include Columbia Heights as a show sponsor.
The money is non - refundable, should Columbia Heights ever decide to stop
participating in the show.
The Fridley HRA acknowledges that the City of Columbia Heights is entitled to the use
of a booth at the North Metro Home and Garden Show.
FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY
By
Lawrence R. Commers
Its Chair
By:
Walter T. Wysopal
Its Executive Director
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
By:
Its President
By:
Its Executive Director
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: May 4, 2015
AGENDA SECTION: Regular Business
ORIGINATING
EXECUTIVE
NO:8
DEPARTMENT: EDA
DIRECTOR
APPROVAL
ITEM: Community Farmer's Market Discussion
BY: Joe Hogeboom
BY:
DATE: April 28, 2015
BACKGROUND:
Several members of the community have expressed interest in starting a farmer's market.
While some local farmer's markets are managed by businesses or non - profit organizations,
some farmer's markets are operated and subsidized by local governments. Management of
government- initiated farmer's markets is typically done through park and recreation
departments. In this case, cities must offer financial assistance to subsidize the cost of running
the event.
If the City were to initiate a city operated or sponsored farmer's market, it may be
advantageous to discuss doing so in coordination with the development of the new municipal
Library. The Community Development Department could assist in the process by doing research
into set -up requirements. Anoka County will be applying for State Health Improvement
Program grant funds later this year that could be used for farmer's market planning and
implementation.
The City Council /Economic Development Authority would need to consider whether a
government- sponsored farmer's market is a priority of the City, and if so, whether or not
additional long term funding for the Recreation Department would be acceptable in order for
the city to operate a farmer's market.
The Community Development Department seeks further direction from the EDA to better
understand its role in the planning process for a possible government- sponsored /subsidized
farmer's market.
ATTACHMENT:
1. "Starting a Farmer's Market" (12 pages)
STARTING A
FARMERS' MARKET
OBJECT IVES
Every farmers' market begins
differently. The surroundings will have
a major effect on your market. But
the main objectives are usually the same.
The market should provide an outlet for
the farmer profitably to sell his produce
and to make fresh, wholesome produce
available to people who would not have
otherwise had any other opportunity
to receive it. This could also improve
diets of your community. A successful
market also can rejuvenate a downtown
economy. Determine what you want
your market to do for you as vendors.
Have a plan.
STARTTHE PLANNING
PROCESS EARLY
The planning of an efficient market
needs to be started early. The entire
process can take several years to get
the market off and running. There are
many things that need to be done in
advance. The securing of a site is very
vital to this process. You need to obtain
permits, licensees, and contracts need to
be executed and signed. This takes time
to accomplish.
MAKE LOCAL INQUIRIES -
RECRUIT FARMERS
You must have interested farmers that
will be committed to bringing produce
every week to the market. Before
recruiting the farmers, gather facts
and information. Visit and talk with
existing farmers' markets.
Prepare a written handout stating the
objectives you are trying to accomplish.
Take these handouts with you when
recruiting so that they may review the
information that you have discussed with
them. Place your name and phone number
on the handout so that they can call
you with any questions. When recruiting
farmers get their name, address and
phone number so that you can contact
them at a later date informing them of
the progress or for soliciting their help.
Some of the following organizations
may be a good source to obtain farmers:
• Community Garden Clubs
• School or University Ag Departments
• Local county extension service
• County Farm Bureau or Farmers Union
• Food Banks
• Consumer Cooperatives
• Church Groups
• Service Organizations (Elks, Rotary, etc.)
• Chamber of Commerce
Once you start making contacts
with farmers it can be easier because
of their contacts and the list may grow
via word of mouth.
USETHEMEDIA
Sometimes the media will have special
"spots- that are free for a community
project such as a new market. Call and
ask if that is anything they have available.
Newspapers usually have a special
community event section that may be
done free of charge. Some radio
stations will do free public service
announcements or short "community
interest" bulletins. This is not to advertise
the market but to announce an organi-
zational meeting. Television should be
saved to emphasize a major event such
as opening day.
HOLD INFORMATIONAL I
DEVELOPMENTAL MEETINGS
After you have contacted several
interested farmers who have shown
some interest, plan a meeting to get
them involved with the initial planning
of the market. Share with them what
should come from the market. Explain
to them the advantages of selling at the
farmers' market. Following are some of
the advantages in selling at the market:
• Higher return
• Growers set their own price
(within reason)
• Cash sales, immediate payment
• Can help maximize utilization
of family labor
• Gives opportunity to meet the
consumers of their products
• Provides an additional outlet for
their produce
DECIDE IF THERE IS ENOUGH
INTERESTED VENDORS
Survey area in which market will be
held to solicit farmers. If there are
enough interested vendors you then
need to survey what produce each
vendor grows. You need a variety of
produce and the quantity needs to
meet the demand. The growers need
to make a firm commitment so that
when the market opens their will be
vendors to supply it. A good way to do
this is to develop an application with a
possible set of rules that will be used at
the market.
Decide what type of market you are
going to establish.
Just produce grown in MN only or
allow produce from other states
Resale items
Crafts
Some Farmers' Markets groups' idea is
to have it be considered a farmers'
market was just to offer fresh MN grown
produce. Once you start with resale
items and crafty items it takes away the
meaning of a true farmers' market.
FORM COMMITTEES TO
OBTAIN INFORMATION ON
SOME OF THE FOLLOWING
TASKS.
Assess start up costs with initiating
a farmers' market. Some of the initial
costs that you may incur are site expenses
and advertising. Some cost - effective
choices to investigate are parking lots of
malls or chain stores, park land, church
parking lots or closed city streets.
THE MARKET
Determining a favorable location is
very significant to the success of the
market. It should be located in a
visible, well traveled, and easily
accessible location. Near public
transportation is a plus as is an ample
parking lot. Is there room for expansion?
Will this location be available longterm,
as people don't like to be searching for
the market at a new location. Before
finalizing the location, investigate local
zoning regulations. Public facilities (bath-
rooms, telephones, etc.) and utilities
should be looked into at this time.These
are a plus but not essential to operate a
market. Shade is an additional benefit.
Stall size should be determined to
make sure the location is large enough
to accommodate all the vendors. A general
guideline for minimum width to be
considered is the width of car with side
doors open.
Check for the competition (Grocery
stores supermarkets- Do they carry
local produce? if so, how much volume
do they sell?) in the area. Keep the
communication open with them.
Get input and opinions from your
community service agencies (public works,
health, police and fire departments).
These services may be utilized in the
future.
Determine day and time according
to what is best for the farmer and
customer. Some things to keep in mind
are your location: Is it on the way home
from work?, Is it on the way to or from
the lake? Would over the lunch hours
time be good because of location being
close to businesses? Start with one
or two days, you can always increase
but it is not good to subtract days as it
confuses the customer. The convenience
to of your customers should be a primary
consideration.
Determining a name and logo can
be very beneficial for something the
customer can identify you with.
Form as a business. The farmers'
markets that have started with some
type of structure tend to be more
successful and are more stable. Even
if a board of directors are elected it
is good to solicit a market manager
(smaller markets may have volunteer —
larger markets may have paid manager).
This person would collect fees, organize
markets events, and handle concerns
that may arrive during market days.
Have written duties of board members,
managers, etc.
Develop simple \enforceable bylaws. It
is also helpful with these bylaws to have
a general set of rules for the market to
follow. (See Appendix I, Sample Bylaws.)
FUNDING MECHANISM
Some type of funding mechanism is
valuable to the market. Make a budget
of what you think you will need to be
a successful market. With this information
then develop the revenue to support it.
Membership\grower fees are a beginning
source. Look for sponsors.
INSURANCE ISSUES
Address liability insurance issues.
Insurance can sometimes be added to
individual farmers policy for liability at
the market or the market organization
can purchase it as a group.
Inquiry regarding necessary licenses
or rules or codes of area is a must
before opening. Other issue to address
weight and measures specifications,
animal product regulations, labeling
Weights and Measurers is where you
would contact regarding if you will be
weighing items. The scales need to be
calibrated.
MN Department of Revenue, Sales Tax
is where you can obtain information on
items that you need to charge sales tax on.
PROMOTION OF
THEMARKET
Signs \banners should be noticeable.
requirements, sales tax reporting, vehicle Big, easy to read is recommended.
permits, processed food handlers license. • Bright colors
• Pictures of produce
State food laws can be addressed
through the MN Dept. of Agriculture,
Dairy and Food Inspection Division.
(See Appendix II, Procedures of Operation
and Appendix III, Food Sampling Guidelines.)
If your market receives grant money
from any source you will need to obtain
a state and federal ID number.
You can receive a state ID number
by calling the Dept. of Revenue at
(651) 282 -5225 to request one. This can
be done over the phone in less than 5
minutes.
A federal ID number application can
be obtained by calling the Internal
Revenue Service, Dept. of the Treasury
or writing to Internal Revenue Service
Center, ATTN: Entity Control, Stop 57A,
2306 E Bannister Rd, Kansas City, MO
64131.
MN Department of Public Service,
• Use logos to establish connection
(as in MN Grown logo or your
own market logo)
• Not overwhelmed with information
(See Appendix IV, Critiquing Signs)
Make sure you know where they are
allowed to be placed always ask first!!I
Or if there are rules as to size.
The market area should be an
appealing, clean and happy place to shop.
Display produce attractively. You do
not need to have elaborate equipment,
but it should be clean, sturdy, raised off
the floor and protected from the rain
and sun. Be positive, helpful and courteous
when dealing with the customer. SMILE -
it is important to your customers!!
Plan events to attract buyers: kids day,
a certain produce day or coordinate
with town event.
APPENDIX L SAMPLE BY-LAWS
BY-LAWS
(Enter Your Farmers'Market Name)
ARTICLE 1. NAME
The name of the association shall be (Enter Your Farmers'Market Name).
ARTICLE II. ELECTION PROCEDURES
(Or some method of selection of officers.)
One vote per grower, family, or partnership.
Officers will be elected by majority vote.
Officers will be elected for (put in number) year term.
If a vacancy on the Board of Directors appears the remaining board members
shall fill the vacancy by appointment until the next annual meeting at which time
membership shall elect someone to complete the remainder of the term.
ARTICLE III. BOARD OF DIRECTORSIOFFICERS
(Not necessary to have a Board but some type of delegated group to
make decisions)
The board of directors shall consist of (number of members) members, including
(suggestions: Chair, Vice - Chair, Secretary I Treasurer and for separately.
Directors shall serve (number ofyear(s) year terms. (When initial terms
determine which members will start out for 1 year, 2 year and 3 years so
that all the members terms do not expire at the same time.
ARTICLE IV. ROLESAND DUTIES OF
BOARD OF DIRECTORSIOFFICERS
(These duties need to be done for market operation. Below are suggestions on
titles and roles.)
The Board of Directors \Officers shall set the policies of the organization. This
must include deciding the rules, location, hours of operation, dues and \or fee
structure and membership requirements and enforcement procedures.
Chair -shall preside at all meeting, oversee the management, organization and
execution of the business of the Market.
Vice-chair-shall perform the duties of the Presidents absence.
Secretaryl Treasurervshall record the minutes of all proceeding of the market.
He \she shall perform all duties incident to the office of Treasurer and present
a complete statement of the financial affairs of the organization to the annual
meeting.
ARTICLEV. MEETINGS
The regular Annual Meeting shall be held at such time and place as determined by
the Board of Directors\Officers.
Notice of annual meetings shall be published to membership at least 30 days
prior to date of annual meeting and shall include the report of the nominating
committee.
The Farmers Market shall meet at least annually.
ARTICLE VI. AMENDMENT PROCESS
(Or another established amendment process.)
These bylaws may be amended by 2/3 votes of members present at Markets
Meeting.
APPENDIX I V.-
CRITIQUING SIGNS
KEYAREAS OF CONCERN
• Is the presentation clear and concise?
• Is the presentation reflecting
your image?
• Is there consistency in style,
copy and visuals?
• Are signs visible from desiered
locations?
• Are signs motivating customers to react?
TIPS FOR POINT OF
PURCHASE SIGNS
• Be specific.
• What will it save?
• Pricing easy to understand?
• Sizzle, story, romance.
• Facts, not fiction.
• Explain what's not obvious.
• Help customers buy the best product.
• Help customers comparison shop.
• Logical needs.
• Don't say the obvious.
• Sign friendly.
LETTERING
Good lettering is essential on a sign.
The lettering is the means through which
the viewer receives the information which
the sign is communicating. The four main
communictaion factors include:
Visiability. This is the quality of a
letter or number which enables an
observer to distinguish it from it's
surroundings.
Readability. This is the quality
which enables the observer to correctly
perceive the information content of
letters or numbers grouped together in
words, sentences, or other meaningful
forms.
Noticeability. This refers to the
quality of a sign which encourages people
to look at it.
Legibility. This refers to the
characteristics of letters or numbers
which make it possible to differentiate
them from one from the other.
A well- designed sign should
score high on all four communication
critera. Since words are the most impor-
tant elements of sign communication,
lettering becomes a critical design factor.
Many signs utilize plain block
lettering. This lettering tends to be the
easist to read. However, sign users some-
times forget that lettering can do much
more than simply communicate a straight
forward message. Lettering can also
do much to enhance the image of the
business which the sign presents.
Potential customers take many cues
from subtle factors which go into the
design of a sign. The lettering may
suggest that a business is elegant and
expensive, or it may suggest discount
prices and effciency.
SOME FOOD FOR THOUGHT
ON... WHICH FONT?
2001 NAFDMA
2001 NAFDMA
2001 NAFDMA
2001 NAFDMA
2001 NAMMA
2001 NAFDMA
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TIPS FOR PROMOTING
YOUR OVERALL MARKET
WITH SIGNAGE
When you do something right, tell
everybody.
Happj Holidays
from mith's Store
As a token of our apprieciation to you,
we are underwriting the performance of
THE NUTCRACKER
)n Saturday, Dec. 15 at City Hall Centel
Promote every service you offer.
M GIFT PACKAGES sh jamdO area to $50.00 n extra $5.00
Use customer signs for feedback.
i°I HEARD CUSTOMERS
ASK ABOUT..."
Please tell us what you heard...
on these cards. Thanks for your help!
Sign upcoming events and activities.
I CLAM&
Expert demonstrations
Saturday, Sept. 15th
Whenever you make a change to the
customer, sign it.
PROGRESS ZONE
Mill, rmIxsa&V to mate a better store
for you. Sorry for the temporary sceorvmrmce.
Whenever you make a change to the
customer, sign it.
WE WILL CLOSE ON
CHRISTMAS EVE AT 4 P.M.
SHOP 9:00 `til 9:00
every day until then!
Keep your "permanent" signs looking
good.
CONSIDER EFFECTIVE
USE OF COLOR
Listed below are the best color
combinations used in lettering of
outdoor advertising displays ranked in
order of legibility of letters viewed
from a distance.
1. Black on Yellow
2. Black on White
3.Yellow on Black
4. White on Blue
5.Yellow on Blue
6. Green on White
7. Blue on Yellow
8. White on Green
9. White on Brown
10. Brown on Yellow
11. Brown on White
12.Yellow on Brown
13. Red on White
14.Yellow on Brown
15. Red on Yellow
16. White on Red
$e .-Claus and Claus, 1974.
SIGN VISIBILITY CHART For 10" Black Mock Lettering on White Background
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THE PSYCHOLOGICAL
CONNOTATIONS OF COLOR
In selecting colors for a sign which
will be appropriate to business, it is
important to consider the psychological
connotations of different colors as well
as the factors affecting visibility and
legibility. Although some attributes have
come to be associated with certain
colors, these are not hard and fast rules.
A sign designer should be guided by
their own sense of what is appropriate.
Red. Exciting, active color. Used
to suggest boldness, quickness, effciency.
Its warmth is appetite- inspiring.
Yellow. Another color frequently
used by restaurants to create a welcoming
atmosphere.A warm color, suggests light
and activity, especially in redder shades
and tints.
Green. Living things, and there for
freshness, youth and purity are often
associated with green. Green is the
predominate color in nature and there-
fore must be used carefully in rural
settings so it does not fade into the
surroundings. Powerful in suggesting
naturalness, vitality and peacefulness.
Blue. It's coolness tends to connote
dignity, serenity, wisdom, and quiet.
May be used to suggest a leisurely pace
and atmosphere of cultivation and
calm. Often used by banks and large
corporations.
Purple. Purple come to be associated
with royalty, pomp and luxuriousness.
Visibility factor is low making it unsuit-
able for freeway signs, but is oftem used
for personal service businesses such as
beauty salons.
Brown. Brown is the color of the
earth and tends to connote naturalness
and strength. Businesses which want to
indicate thier strength and mainstream
value system often use brown and wood
hues in their signs. Also used in ranching
and farming interests. Brown is basically
nuetral due to its association with earth
and wood, it is not a color to catch your
eye and suggest action.
White. In western society white has
been the color of innocence. On a sign
it can be used to suggest cleanliness and
purity.
Black. Black can be used effectively
in signage to create an impression
of low -keyed crispness and sedateness.
Sophistication also is suggested, if large
areas are used.
In assessing all of these colors, the
point needs to be made that fairly subtle
shifts in tint and tone can create large
differences in how colors are perceived.
While red is appropriate when used
in fairly limited area, when used over
too broad of an area it can give the
impression of being overpowering.
Similarly, pale yellow can suggest daintiness,
whereas deeper yellow becomes a very
sensuous and powerful color.
APPENDIX V.•
Further Resources
INTERNET
www.mfma.org
www.minnesotagrown.com
www.ams.usda.gov /directmarketing
www.ams.usda.gov /tmd /wam /wam.htm
www.ams.usda.gov /farmersmarkets