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HomeMy WebLinkAboutEDA AGN 8-01-16CN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AGENDA August 1, 2016 6:30 pm 1. Call to Order 2. Roll Call 3. Pledge of Allegiance City Hall Conference Room 1 590 40" Avenue NE Columbia Heights, MN 55421 CONSENT AGENDA 4. Approve minutes of June 6, 2016, June 13, 2016, and July 21, 2016 S. Approve Financial Report and Payment of Bills for the months of May, 2016 and June, 2016 — Resolution 2016 -18 Motion: Move to approve Consent Agenda as presented. BUSINESS ITEMS 6. Housing and Redevelopment Authority Levy Budget — Resolution 2016 -19 Motion: Move to waive the reading of Resolution 2016 -19, there being ample copies available to the public. Motion: Move to adopt Resolution 2016 -19, a resolution authorizing the Levy of a Special Benefit Levy Pursuant to Minnesota State Statutes, Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal year 2017. Economic Development Authority Levy Budget — Resolution 2016 -20 Motion: Move to waive the reading of Resolution 2016 -20, there being ample copies available to the public. Motion: Move to adopt Resolution 2016 -20, a resolution of the Economic Development Authority in and for Columbia Heights EDA adopting the 2017 budget and setting the EDA Levy. The next EDA meeting will on September 5 2016 at City Hall. 8. Revised Single Family Home Lot Sales Program— Resolution 2016 -21 Motion: Move to waive the reading of Resolution 2016 -21, there being ample copies available to the public. Motion: Move to adopt Resolution 2016 -21, a resolution approving the revised guidelines for conveyance of certain lots owned by the Economic Development Authority. 9. Single Family Home Lot Sales Program Concept Application Approval 4606 Polk Street If concept application is approved: Motion: Move to approve the concept application submitted by Home Detail for the property located at 4606 Polk Street NE, Columbia Heights, MN 55421. Motion: Move to authorize staff and consultants to work with Home Detail, LLC to determine specific house plans for the construction of a single family home and to prepare a Purchase and Redevelopment Agreement to be considered for final approval by the EDA at its next meeting of September 5, 2016. If concept application is rejected: Motion: Move to reject the concept application submitted by Home Detail for the property located at 4606 Polk Street NE, Columbia Heights, MN 55421. OTHER BUSINESS 10. Adjourn The next EDA meeting will on September 5, 2016 at City Hall. The July EDA meeting will be cancelled. ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF JUNE 6, 2016 The meeting was called to order at 6:30 pm by Bruce Nawrocki (Secretary/Treasurer). Members Present: Donna Schmitt, John Murzyn, Marlaine Szurek„ Bruce Nawrocki and Gerry Herringer. Bobby Williams arrived at 6:55 pm. Members Absent: Gary Peterson Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, Joe Kloiber, Gary Gorman, and Shelley Hanson. Legal Counsel: Martha Ingram from Kennedy & Graven Stacy Kvilvang from Ehlers and David Mullen from Dougherty & Co. PLEDGE OF ALLEGIANCE- RECITED CONSENT ITEMS 1. Approve the Minutes from April 4, 2016, and May 2, 2016— 2. Approve the Financial Report and Payment of Bills for April 2016 on Resolution 2016- 12. Questions by Members: No questions or comments. Motion by Szurek , seconded by Murzyn, to waive the reading of Resolution 2016 -12 there being an ample amount of copies available to the public. All ayes. MOTIONPASSED. Motion by Szurek , seconded by Murzyn, to approve the Minutes and Financial Report and Payment of Bills for April as presented. All ayes. MOTIONPASSED. RESOLUTION NO. 2016-12 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of APRIL, 2016 and the Payment of the Bills for the Month of April, 2016. 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 479194v1 CL205 -3 EDA Minutes Page 2 June 6, 2016 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 April, 2016 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 June, 2016. Motion by: Szurek Seconded by: Murzyn BUSINESS ITEM 1. Discussion of Refinancing Tax Increment Refunding Revenue Bonds - Series 2016 for the Huset Park Redevelopment Area Project. Hogeboom explained that Martha Ingram, the EDA Bond Attorney, had supplied the Board members with a memorandum dated June 1, 2016 summarizing Refunding Bonds for the Huset Park Development. This memo addressed the Series 2007 bonds issued under the prior contract with an outstanding amount of $2,475,000 for public infrastructure improvements and another with an outstanding amount of $6,650,000 to cover redevelopment costs within the TIF District. Ingram reminded the members that these are not General Obligation Bonds, but are Revenue Bonds supported by Revenues from the TIF District. 479194v1 CL205 -3 2 EDA Minutes Page 3 June 6, 2016 The Redeveloper has requested a refund of the current bonds because it will lower the interest rate which means the debt service payments on the Refunding Bonds will be lower. This will result in some tax increment remaining after payment on the Refunding Bonds, which will be used to pay down the TIF Note (in addition, you will recall that the Contract requires the Redeveloper to construct a senior housing facility within the TIF District, which will generate additional tax increment that will also be used to pay principal and interest on the TIF Note). The Redeveloper recognizes that refunding the Current Bonds primarily benefits the Redeveloper, and has therefore agreed to pay all actual costs of issuance related to the issuance of the Refunding Bonds. The EDA will not pay any costs related to the refunding. In addition, the Redeveloper will pay an administrative fee of $100,000 to the EDA to be allocated to other redevelopment purposes within the City. The EDA must adopt a Resolution awarding the sale of the Refunding Bonds along with approving several documents required in connection with the refunding. The EDA's action must then be approved by the City Council. This will be brought to both the EDA and the City Council at the June 13, 2016 meeting for approval. Ingram further explained the format of the Resolution which was drafted to allow flexibility for both the timing of the transaction and to get the best rates possible without the need to wait for additional scheduled meetings. Stacy Kvilvang from Ehlers and a representative from Dougherty & Co. were present to answer questions of the members. Questions by members: Nawrocki asked what the benefit was to the City. Ingram stated that the City will receive the administrative fee of $100,000 and that the lower interest rate will allow the developer to pay down the TIF note quicker. Herringer asked for more detail on the parameter approach to the Resolution approving the Refund of the Bonds which Ingram provided. He asked what rating the bonds would have. The underwriter stated that the bonds are not rated. Herringer then asked how the amount of $100,000 was arrived at as the administrative fee the City would be paid. Kloiber (Finance Director) told members that an estimated figure was arrived at based on the interest savings and then the final amount was established through further negotiations. Hogeboom told members that no action was needed at this meeting, as the Resolution will be considered at the June 13a' special meeting. 479194v1 CL205 -3 3 EDA Minutes Page 4 June 6, 2016 2. Conveyance of Certain Real Property from the EDA to the City- Resolution 2016 -13. Dahl told members that over the years, the Columbia Heights Economic Development Authority (EDA) has acquired property within the City of Columbia Heights for economic development purposes. The property that the EDA acquires is exempt from property tax under Minnesota Statues, Section 272.02, Subdivision 39 for a specified amount of time. The EDA will start paying property taxes at the end of the applicable exemption period. If the EDA determines that the redevelopment for a specific property will take longer than the exemption period or the EDA determines to utilize specific property for City use, it is in the EDA's best interest to transfer title of certain properties to the City of Columbia Heights. Staff has identified seven properties that are in the EDA's best interest to transfer title because these seven properties have been dedicated for municipal use by the City; these properties are as follows: 825 41 st Ave. 837 41st Ave. 894 42nd Ave. 4301 Quincy St. 839 41st Ave. 828 40th Ave. 1309 Circle Terrace Blvd. PID: 35-30-24-14-0151 PID: 35- 30 -24 -14 -0155 PID: 35- 30 -24 -14 -0157 PID: 35- 30 -24 -14 -0159 PID: 35- 30 -24 -14 -0160 PID: 35- 30 -24 -41 -0114 PID: 36- 30 -24 -24 -0025 Dahl told members that the first 5 properties are part of the Public Safety Site, and therefore it makes sense to have it in the City's name to remain tax exempt. The lot at 828 40`h Avenue is currently the community garden space across the street from the Library. If not transferred to the City, the EDA will have to start paying taxes on the lot next year. The lot on Circle Terrace is the site being used to build the community building at the City of Peace Park and as park land it should be owned by the City. Staff recommends approval of Resolution 2016 -13, a resolution authorizing the conveyance of the aforementioned, EDA owned, properties to the City. Questions from members: Schmitt asked if the 828 40a' Ave site could still be sold with the Library if someone wants it. Schmitt was told it could still be sold. Herringer asked if the transfer would have any effect on the restrictions we have on that lot since it was purchased with CDBG funds. Kloiber stated that the restrictions would still pertain to the site and that it could result in the City having to repay a proportionate amount of the property value to Anoka County. However, he said Anoka County has worked with the City in the past to re -grant the funds somehow, or there are several ways to meet the conditions. 479194A CL205 -3 4 EDA Minutes Page 5 June 6, 2016 Schmitt said the legal descriptions should be verified as she didn't think some of them made sense. Staff will confirm they are correct. Nawrocki asked how much it would cost to do the transfers. Hogeboom stated that it will only cost the recording fees to record the Title changes and that it will save the EDA from having to pay taxes on the properties. Motion by Szurek, seconded by Schmitt, to waive the reading of Resolution 2016 -13, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Szurek, seconded by Schmitt, to adopt Resolution 2016 -13, Resolution authorizing the conveyance of certain property by the Columbia Heights Economic Development Authority to the City of Columbia Heights. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-13 RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN PROPERTY BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY TO THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01, The Authority owns certain property (the "Property ") located in the City of Columbia Heights (the "City "). A description of the Property is attached as Exhibit A. 1.02. The City has constructed a public works facility on five of the parcels making up the Property, a community garden on the sixth parcel, and a children's playground on the seventh. 1.03. The Property thus having been dedicated to municipal uses by the City, the Authority has determined that it is in the best interest of the Authority and City that the Authority convey the Property to the City. Section 2. Authority Approval; Further Proceedings. 2.01. The Authority hereby approves the conveyance of the Property to the City, to be held by the City for its municipal purposes. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority any documents required to carry out, on behalf of the Authority, the conveyance of the Property, including without limitation any deed. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 6th day of June, 2016. President ATTEST: Secretary 479194v1 CL205 -3 EDA Minutes Page 6 June 6, 2016 EXHIBIT A (Legal Descriptions were corrected from those in agenda) Property Public safety facility: Lot 1, Block 1, Northwestern 2nd Addition, Anoka County, Minnesota Outlots A, C, E, and F, Northwestern 2nd Addition, Anoka County, Minnesota 825 41" Avenue, PID No. 35- 30 -24 -14 -0151 837 41" Avenue, PID No. 35- 30 -24 -14 -0155 894 42nd Avenue, PID No. 35- 30 -24 -14 -0157 4301 Quincy Street, PID No. 35- 30 -24 -14 -0159 839 41" Avenue, PID No. 35- 30 -24 -14 -0160 Community garden: Lots 47 and 48, Block 63, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 828 40d' Avenue, PID No. 35- 30 -24 -41 -0114 Children's playground: And That part of Lot Nine (9), Block One (1), lying east of the west line of former Lot forty-three (43), Block Four (4), Reservoir Hills, Columbia Heights, Anoka County, Minnesota, all in Circle Terrace 2nd Addition, together with an easement for driveway purposes over the southwesterly 4 feet of Lot 8, Block 1, Circle Terrace 2nd Addition, Anoka County, Minnesota. (Torrens) That part of Lot 9, Block 1, Circle Terrace 2nd Addition which lies in Lots 41 and 42, Reservoir Hills, together with an easement for driveway purposes over the Southwesterly 4 feet of Lot 8, Block 1, Circle Terrace 2nd Addition, Anoka County, Minnesota. (Abstract) 1309 Circle Terrace Blvd., PID No. 36- 30 -24 -24 -0025 3. Single Family Rental Home Property Discussion The Economic Development Authority (EDA) held a goal setting session with the Planning and Zoning Commission (P &Z) in March to review redevelopment goals within Columbia Heights. One of the goals reviewed was establishing a comprehensive housing program that will help increase values, manage and reduce the number of single family rental properties, generate a wider range of price point options and encourage reinvestment. Following direction from the EDA, staff was advised to research single - family rental housing and reconvene a separate meeting to discuss how the City can enhance neighborhood livability through more proactive management of single - family rental housing. Therefore, staff desires to continue discussions about the single - family rental housing within Columbia Heights. EDA Minutes Page 7 June 6, 2016 There are many factors that directly and indirectly contribute to local single - family rental markets — including population, demographics, area median income (AMI), age of housing stock, and area economics. Columbia Heights experienced a surge in single - family rental housing starting in 2008 when the collapse of the housing market swept through the Twin Cities. The economic turmoil of the Great Recession displaced many homeowners as high unemployment increased the amount of foreclosures. And as foreclosures increased, Columbia Height's rental market experienced a resurgence of single - family rental housing. Since 2008, Community Development and Fire Department staff have worked in tandem to track rental property trends. The figures below were attained by Columbia Heights through the issuance of rental licenses over the years. 2015 is the most recent data calculated because the total rental permits issued cannot be attained until the end of a given year. Staff would like to note, single - family rental housing has been declining over the last few years though rental permits have gradually increased. Also, attached is the Twin Cities Metro Rental Chart for comparison of single - family rental housing metro wide. 2008 2009 2010 2011 2012 2013 2014 2015 Single- Family Permits Total Rental Permits Issued Issued Percentage of Single- Family Rental Pro ti *Total Single - Family Properties in Columbia Heights is 5439 Rental property trends in Columbia Heights seem to have plateaued and/or started to decrease, however rental properties are still branded with negative connotations. Community Development staff met with colleagues from the Fire Department and Police Department to discuss property maintenance concerns and crime associated with single - family rental housing. Staff's intent was to determine if these negative connotations associated with rental properties are, in fact, real problems or actually just preconceived notions. 444 66.47% er es 8.16% 483 66.99% 8.88% 515 67.67% 947% W66 572 66.20% 10.52% 627 7190% 11.53% 610 64.96% 11.21% 569 58.24% 10.46% 971 503 1 51.80% 9.25% *Total Single - Family Properties in Columbia Heights is 5439 Rental property trends in Columbia Heights seem to have plateaued and/or started to decrease, however rental properties are still branded with negative connotations. Community Development staff met with colleagues from the Fire Department and Police Department to discuss property maintenance concerns and crime associated with single - family rental housing. Staff's intent was to determine if these negative connotations associated with rental properties are, in fact, real problems or actually just preconceived notions. EDA Minutes Page 8 June 6, 2016 The conversations derived from the staff meeting concluded that single - family rental housing is not the real issue and incorporating more proactive management of single - family rental housing may not enhance neighborhood livability. The real issues that brand rental properties with negative connotations are, in fact, contributed to rental density and cultural barriers. Attached is Columbia Heights Single - Family Rental Housing, Crime Overlay Map to represent the correlation between crime and rental density. Staff isn't making a recommendation. This is only meant to provide information to the EDA to identify different options, if any, to proceed with enhancing neighborhood livability through more proactive management of single - family rental housing. Comments from members: Gary Gorman, Fire Chief, stated the figures for 2016 to date are as follows: 984 Total Rental Units, plus 67 family exempt properties, and approximately 20 more in process. Szurek thinks we have a much higher percentage of single family homes as rental units than other suburbs. She thinks it is better for the City to have more owner occupied homes as owners tend to take better care of their properties. Nawrocki agreed with Szurek. There was a discussion as to the reasons we have such a high percentage of rental property. During the housing/foreclosure crisis it became a lucrative investment for buyers to buy up homes and rent them out. Our homes were especially attractive since they were affordable and companies came in and purchased dozens of them. Gorman stated prior to the housing crisis most rental properties were owned by individuals who had just a few homes, compared to the present where corporations have purchased them in large numbers. Nawrocki asked what pro - active things the Council should consider. Dahl said there are several options for the EDA/City Council to consider: 1. Limit the number of rental. This has been attempted in several cities, but usually in small towns with colleges. The issue of limiting rentals has gone to litigation all the way to the Supreme Court, but was never resolved because the parties either were issued rental licenses or they sold the properties before the case was decided. EDA Minutes Page 9 June 6, 2016 2. Higher density rental usually increases crimes rates in the surrounding area. Crime rates aren't necessarily increased when comparing a specific owner occupied home to a rental home, but when the density of rentals is significant, the crime rate tends to be higher. So possibly limiting rentals to so many per block could be considered. 3. Our demographics are also part of the Droblem So many of our renters and owners are immigrants and may not understand how to take care of a home and the expectations of maintaining a house and yard. She said it might help if there were classes to help educate them on the basics. Gorman told members that property maintenance complaints are about the same on owner occupied residences versus rental property. He said their department averages about 400 -500 lawn/weed complaints per year and about 200 complaints for junk/storage issues. 4. Let the market dictate and just keep monitoring. 5. Hold a class about how to take care of property, especially if cited. 6. Could go back to offering rebates for home improvements but limit them to work that increases the value such as remodeling or additions, not for maintenance /repair projects. 4. Update on 4303 Reservoir Blvd Dahl informed the Commission members that Timbercraft has submitted the plans for the construction of the single family home for review. Nawrocki asked if the item regarding Tollberg Homes was to be considered as part of this agenda. Dahl explained briefly what the information passed out to the members was about and said he would have to get more information about this before it could be brought to the EDA for consideration. Formal action would be required to approve the request which could not happen at this meeting. Hogeboom reminded members there will be a special EDA meeting on June 13, 2016 prior to the Council Meeting to take action on 3 items. The meeting was adjourned at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE SPECIAL MEETING OF JUNE 13, 2016 The meeting was called to order at 6:30 pm by Gary Peterson. Members Present: Donna Schmitt, John Murzyn, Marlaine Szurek„ Bruce Nawrocki , Gerry Herringer, Bobby Williams and Gary Peterson. Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, Joe Kloiber, and Shelley Hanson. Also present: Martha Ingram from Kennedy & Graven and Frank Hogan from Dougherty & Co. PLEDGE OF ALLEGIANCE - RECITED BUSINESS ITEM 1. Authorization to Issuance of Tax Increment Revenue Refunding Bonds ( Huset Park Area Redevelopment Project), Series 2016, and Providing the Form, Terms, Pledge of Revenues, and Findings, Covenants, and Directions Relating to the Issuance of Such Obligations - Resolution 2016 -14. Hogeboom explained that this issue was discussed at the June 6a' meeting and that he had provided the members with a report that provided a brief history of the Columbia Heights Economic Development Authority's $2,890,000 Tax Increment Revenue Bonds ( Huset Park Area Redevelopment Project), Series 2007, which currently remain outstanding in the amount of $2,475,000 (the "Current Bonds "), as well as a summary of the process required to refund the Current Bonds. The Current Bonds were issued in connection with certain public infrastructure improvements constructed as part of the Huset Park Tax Increment Financing District (the "TIF District "), pursuant to the Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority ( "EDA "), the City of Columbia Heights ( "City "), and BNC National Bank, as successor in interest to Huset Park Development Corporation (`BNC "), dated as of August 1, 2007, as amended (the "Prior Contract "), and pursuant to the Second Amended and Restated Contract for Private Redevelopment between the EDA, the City, and Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper "), dated as of October 30, 2015 (the "Contract "). The EDA issued the Current Bonds pursuant to the Prior Contract. The EDA pledged tax increment generated by all improvements to be constructed on the Redevelopment Property to the payment of debt service on the Current Bonds. The Current Bonds were issued after the first phases of construction required under the Prior Contract were complete, and the par amount of the Current Bonds was based on the flow of tax increment generated by the completed phases, such that tax increment generated by the completed phases of construction has always been sufficient to pay principal and interest in full on each payment date. EDA Minutes Page 2 June 13, 2016 The EDA also issued its Taxable Tax Increment Revenue Note, Series 2007A, in the principal amount of $6,650,000 (the "TIF Note ") to Huset Park Development Corporation ( "HPDC "), to reimburse HPDC for certain public redevelopment costs incurred by HPDC in development of the housing improvements within the TIF District. Like the Current Bonds, the TIF Note is also secured by tax increment generated within the TIF District, but on a subordinate basis to the Current Bonds. Since HPDC defaulted under the Prior Contract and never completed any improvements beyond the first phases, there has not been enough tax increment generated within the TIF District to pay any debt service on the TIF Note. Therefore, the TIF Note remains outstanding in the full original principal amount. The TIF Note was assigned to the Redeveloper on October 30, 2015 at the real estate closing on the Redevelopment Property from BNC to the Redeveloper, and is now held by the Redeveloper. The Contract with the Redeveloper, which the EDA and City Council approved in April of this year, provides that the EDA will agree to refund the Current Bonds if requested by the Redeveloper (see pertinent language in the attached Exhibit A). The Redeveloper has now made this request. Refunding the Current Bonds is financially beneficial to the Redeveloper because bonds issued to refund the Current Bonds (the "Refunding Bonds ") will carry lower interest rates, which means that the debt service payments on the Refunding Bonds will be lower. This will result in some tax increment remaining after payment on the Refunding Bonds, which will be used to pay down the TIF Note (in addition, you will recall that the Contract requires the Redeveloper to construct a senior housing facility within the TIF District, which will generate additional tax increment that will also be used to pay principal and interest on the TIF Note). The Redeveloper recognizes that refunding the Current Bonds primarily benefits the Redeveloper, and has therefore agreed to pay all actual costs of issuance related to the issuance of the Refunding Bonds. The EDA will not pay any costs related to the refunding. In addition, the Redeveloper will pay an administrative fee of $100,000 to the EDA to be allocated to other redevelopment purposes within the City. The Redeveloper has engaged Dougherty & Company as underwriter (i.e. purchaser) for the Refunding Bonds. In order to refund the Current Bonds, the EDA must adopt a resolution awarding the sale of the Refunding Bonds to Dougherty and approving several documents required in connection with the refunding, and the EDA's action must be approved by the City Council. The actions being considered by the EDA and City Council on this date and Martha Ingram an associate from Kennedy and Graven was present at both the EDA and the Council meetings to answer any questions the EDA and/or City Council had about the legal documents, the financial aspects of the process, or the contractual arrangement providing for this refunding. A copy of the First Amendment to Paying Agent Agreement between Columbia Heights EDA and Bond Trust Services Corp was included in the agenda packets for the members to review. EDA Minutes Page 3 June 6, 2016 Questions by members Nawrocki wanted confirmation that if the Tax Revenue doesn't generate enough funds that the City/EDA has no liability financially to the developer or bond holder. Ingram stated that is correct. Herringer questioned the amount of interest accumulating on the outstanding note. Kloiber stated that he can look up the exact amount for the members if they want it but the note is subordinate to the bond and that by taking this action more money can be applied to the Note's principal and interest. He explained that once again the City/EDA is not responsible for the Note payments. Motion by Williams, seconded by Nawrocki, to waive the reading of Resolution 2016 -14, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Nawrocki, to adopt Resolution 2016 -14, a Resolution to Issue Tax Increment Revenue Refunding Bonds (Huset Park Area Redevelopment Project), Series 2016, and Providing the Form, Terms, Pledge of Revenues, and Findings, Covenants, and Directions Relating to the Issuance of Such Obligations. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-14 RESOLUTION AUTHORIZING THE ISSUANCE OF TAX INCREMENT REVENUE REFUNDING BONDS (HUSET PARK AREA REDEVELOPMENT PROJECT), SERIES 2016, AND PROVIDING THE FORM, TERMS, PLEDGE OF REVENUES, AND FINDINGS, COVENANTS, AND DIRECTIONS RELATING TO THE ISSUANCE OF SUCH OBLIGATIONS BE IT RESOLVED by the Board of Commissioners (the `Board ") of the Columbia Heights Economic Development Authority (the "Authority "), as follows: SECTION 1. BACKGROUND. EDA Minutes Page 4 June 13, 2016 1.01. The Columbia Heights Economic Development Authority (the "Authority") and the City of Columbia Heights, Minnesota (the "City ") previously established the Huset Park Area Tax Increment Financing District (the "TIF District') pursuant to authority granted by Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the "Tax Increment Act'), within the Downtown CBD Redevelopment Project (the "Redevelopment Project'), and adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. In order to provide for the redevelopment of the Redevelopment Project and the TIF District, the Authority entered into an Amended and Restated Contract for Private Redevelopment, dated as of August 1, 2007, between the Authority, the City, and BNC National Bank, as successor in interest to Huset Park Development Corporation, dated as of August 1, 2007, as amended, and pursuant to the Second Amended and Restated Contract for Private Redevelopment, dated October 30, 2015 (the "Contract') between the Authority, the City, and Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper "). 1.02. Pursuant to Section 469.178 of the Tax Increment Act, the Authority is authorized to issue and sell its bonds for the purpose of financing or refinancing public redevelopment costs of the Redevelopment Project and to pledge tax increment revenues derived from a tax increment financing district established within the Redevelopment Project to the payment of the principal of and interest on such obligations. 1.03. On August 3, 2007, the Authority issued its Tax Increment Revenue Bonds ( Huset Park Area Redevelopment Project), Series 2007 (the "Prior Bonds "), in the original aggregate principal amount of $2,890,000, pursuant to the TIF Act, Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota Statutes, Sections 469.090 through 469.1082, as amended (collectively, the "Act'). The Authority applied the proceeds of the Prior Bonds to finance certain public redevelopment costs of the Redevelopment Project (the "Project Costs "). The Prior Bonds are currently outstanding in the principal amount of $2,475,000 and are subject to redemption at the option of the Authority on or after August 15, 2015, at a price of par plus accrued interest. SECTION 2. ISSUANCE OF BONDS. 2.01. In order to refinance the Project Costs through the redemption and prepayment of the outstanding Prior Bonds, pay costs of issuance and related costs with respect to the Bonds, and fund a reserve fund, the Board hereby authorizes the issuance of its Tax Increment Revenue Refunding Bonds ( Huset Park Area Redevelopment Project), Series 2016 (the "Bonds "), in a principal amount not to exceed $2,800,000. The Bonds shall be issued on such date and upon the terms and conditions determined by the Executive Director of the Authority (the "Executive EDA Minutes Page 5 June 13, 2016 Director "), provided that the yield on the Bonds (for arbitrage purposes) shall not exceed 3.375 %. The Bonds may be designated such other name or names as determined to be appropriate by the Executive Director. The Bonds shall be issued in one or more series as the Executive Director may determine, and shall be assigned a separate series designation determined by the Executive Director for each series issued by the Authority. The Bonds are authorized to be issued as obligations the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. This authorization to issue the Bonds is effective without any additional action of the Board and shall be undertaken by the Executive Director on such date or dates and upon the terms and conditions deemed reasonable by the Executive Director. The Board hereby authorizes the sale of the Bonds to Dougherty & Company LLC (the "Underwriter ") upon the offer of the Underwriter to purchase the Bonds in accordance with the terms of a Bond Purchase Agreement between the Authority and the Underwriter (the "Bond Purchase Agreement') and conforming to the parameters set forth in this paragraph. 2.02. There have been presented to the Board forms of the following documents: (i) a First Amendment to Paying Agent Agreement (the "Paying Agent Agreement'), between the Authority and Bond Trust Services Corporation (the "Paying Agent'), which amends the Paying Agent Agreement with respect to the Prior Bonds, dated as of August 1, 2007, between the Authority and the Paying Agent; and (ii) a Bond Purchase Agreement. The Paying Agent Agreement and the Bond Purchase Agreement are hereby approved in substantially the forms on file with the Authority on the date hereof, subject to such changes not inconsistent with this resolution and applicable law that are approved by the Executive Director of the Authority. Upon approval by the Executive Director of the Paying Agent Agreement and Bond Purchase Agreement, the Chair and the Executive Director are authorized and directed to execute such documents on behalf of the Authority. 2.03. The Bonds shall have the maturities, interest rate provisions, shall be dated, numbered, and issued in such denominations, shall be subject to mandatory and optional redemptions and prepayment prior to maturity, shall be executed, and authenticated in such manner, shall be in such form, and shall have such other details and provisions as are prescribed in the Paying Agent Agreement. The form of the Bonds included in the Paying Agent Agreement is approved in substantially the form in the Paying Agent Agreement, subject to such changes not inconsistent with this resolution and applicable law, and subject to such changes as are approved by the Executive Director. Without limiting the generality of the foregoing, the Executive Director is authorized to approve the original aggregate principal amount of each series of Bonds to be issued under the terms of this resolution (subject to the maximum aggregate EDA Minutes Page 6 June 13, 2016 principal amount for all series authorized by this resolution), to establish the terms of redemption, the principal amounts subject to redemption, and the dates of redemption of the Bonds, and to approve other changes to the other terms of the Bonds which are deemed by the Executive Director to be in the best interests of the Authority. The issuance and delivery of the Bonds shall be conclusive evidence that the Executive Director has approved the terms and provisions of the Bonds in accordance with the authority granted by this resolution. The proceeds derived from the sale of the Bonds, and the earnings derived from the investment of such proceeds, shall be held, transferred, expended, and invested in accordance with determinations of the Executive Director. Upon approval by the Executive Director of the Bonds, the Chair and the Executive Director are authorized and directed to execute such Bonds on behalf of the Authority. 2.04. The Bonds shall be secured by the terms of the Paying Agent Agreement and shall be payable solely from Available Tax Increment (as defined in the Paying Agent Agreement) that is expressly pledged to the payment of the Bonds pursuant to the terms of the Paying Agent Agreement. The covenants, representations and warranties of the Authority contained in the Paying Agent Agreement are expressly incorporated herein for the benefit of the holders of the Bonds. 2.05. It is hereby found, determined and declared that the issuance and sale of the Bonds, the execution and delivery by the Authority of the Paying Agent Agreement and the Bond Purchase Agreement (the "Authority Documents "), and the performance of all covenants and agreements of the Authority contained in the Authority Documents, and of all other acts required under the Constitution and laws of the State of Minnesota to make the Bonds the valid and binding special obligations of the Authority enforceable in accordance with their respective terms, are authorized by applicable Minnesota law, including, without limitation, the Tax Increment Act, and this Resolution. 2.06. Under the provisions of the Tax Increment Act, and as provided in the Paying Agent Agreement and under the terms of the Bonds, the Bonds are not to be payable from or chargeable against any funds other than the revenues pledged to the payment thereof; the Authority shall not be subject to any liability thereon other than from such revenues pledged thereto; no holder of any Bonds shall ever have the right to compel any exercise by the Authority of its taxing powers (other than as contemplated by the pledge of tax increment revenues under the terms of the Paying Agent Agreement) to pay the principal of, premium, if any, and interest on the Bonds, or to enforce payment thereof against any property of the Authority other than the property expressly pledged thereto; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Authority other than the revenues expressly pledged thereto; the Bonds shall recite that the Bonds are issued without a pledge of the general or moral obligation of the Authority, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the Authority within the meaning of any constitutional or statutory limitation of indebtedness. EDA Minutes Page 7 June 13, 2016 SECTION 3. REFUNDING OF PRIOR BONDS; FINDINGS; REDEMPTION OF PRIOR BONDS. 3.01. The outstanding Prior Bonds will be called for redemption on August 15, 2016, or the first date on which timely notice of redemption can be given (the "Redemption Date "), in the principal amount of $2,475,000 plus accrued interest to the Redemption Date. It is hereby found and determined that based upon information presently available from the Authority's municipal advisor, the issuance of the Bonds will result in a reduction of debt service costs to the Authority. 3.02. It is hereby found and determined that the proceeds of the Bonds deposited in the Redemption Fund created under the Paying Agent Agreement, along with any other funds on hand in the reserve fund established for the Prior Bonds, will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Prior Bonds on the Redemption Date. 3.03. The Prior Bonds maturing after the Redemption Date will be redeemed and prepaid on the Redemption Date. The Prior Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached hereto as EXHIBIT A, which terms and conditions are hereby approved and incorporated herein by reference. The registrar for the Prior Bonds is authorized and directed to send a copy of the respective Notice of Call for Redemption to each registered holder of the Prior Bonds at least thirty (30) days prior to the Redemption Date. SECTION 4. DISCLOSURE DOCUMENTS AND CLOSING CERTIFICATES. 4.01. The Authority approves the preparation and distribution of a Preliminary Official Statement and an Official Statement with respect to the offer and sale of the Bonds. In order to provide for continuing disclosure with respect to the Bonds, to the extent deemed necessary, required, or appropriate by the Executive Director, the Executive Director may execute a certificate providing for continuing disclosure with respect to the Bonds. 4.02. The Executive Director is authorized to furnish to the purchasers of the Bonds, on the date of issuance and sale of the Bonds, a certificate that, to the best of the knowledge of such officer, the Official Statement (or other form of disclosure document) does not, as of the date of closing, and did not, as the time of sale of the Bonds, contain any untrue statement of a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. Unless litigation shall have been commenced and be pending questioning the Bonds, the proceedings for approval of the Bonds, tax increment EDA Minutes Page 8 June 13, 2016 revenues generated or collected for payment of the Bonds, revenues pledged for payment of the Bonds, or the organization of the Authority, or incumbency of its officers, the Chair and the Executive Director shall also execute and deliver a suitable certificate as to absence of material litigation, and the Executive Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds, and the signed approving legal opinion of Kennedy & Graven, Chartered, as to the validity and enforceability of the Bonds and the tax- exempt status of interest on the Bonds. 4.03. The Chair, the Executive Director, and other agents, officers, and employees of the Authority are hereby authorized and directed, individually and collectively, to furnish to the attorneys approving the Bonds, on behalf of the purchasers of the Bonds, certified copies of all proceedings and certifications as to facts as shown by the books and records of the Authority, and the right and authority of the Authority to issue the Bonds, and all such certified copies and certifications shall be deemed representations of fact on the part of the Authority. Such officers, employees, and agents of the Authority are hereby authorized to execute and deliver, on behalf of the Authority, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Underwriter, the Paying Agent, or other persons or entities in conjunction with the issuance of the Bonds and the expenditure of the proceeds of the Bonds. Without imposing any limitations on the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Bonds, an order to the Paying Agent, a general certificate of the Authority, and an Information Return for Tax - Exempt Governmental Obligations, Form 8038 -G (Rev. September 2011). SECTION 5. BANK QUALIFICATION. The Authority hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code "), and represents that the Authority does not reasonably anticipate that the Authority, the City, or any other subordinate entity of the City will issue in calendar year 2016 more than $10,000,000 of bonds or other tax - exempt obligations (excluding "private activity bonds" other than "qualified 501(c)(3) bonds," as such terms are defined in the Code, and excluding certain refunding obligations, that are not included in the $10,000,000 limitation set forth in Section 265(b)(3)(C)(i) of the Code). EDA Minutes Page 9 June 13,2016 SECTION 6. MISCELLANEOUS. 6.01. All agreements, covenants, and obligations of the Authority contained in this resolution and in the above - referenced documents shall be deemed to be the agreements, covenants, and obligations of the Authority to the full extent authorized or permitted by law, and all such agreements, covenants, and obligations shall be binding on the Authority and enforceable in accordance with their terms. No agreement, covenant, or obligation contained in this resolution or in the above- referenced documents shall be deemed to be an agreement, covenant, or obligation of any member of the Board, or of any officer, employee, or agent of the Authority in that person's individual capacity. Neither the members of the Board, nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds. 6.02. Nothing in this resolution or in the above - referenced documents is intended or shall be constructed to confer upon any person (other than as provided in the Paying Agent Agreement, the Bonds, and the other agreements, instruments, and documents hereby approved) any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision of this resolution. 6.03. If for any reason the Chair or the Executive Director, or any other officers, employees, or agents of the Authority authorized to execute certificates, instruments, or other written documents on behalf of the Authority shall for any reason cease to be an officer, employee, or agent of the Authority after the execution by such person of any certificate, instrument, or other written document, such fact shall not affect the validity or enforceability of such certificate, instrument, or other written document. If for any reason the Chair or the Executive Director, or any other officers, employees, or agents of the Authority authorized to execute certificates, instruments, or other written documents on behalf of the Authority shall be unavailable to execute such certificates, instruments, or other written documents for any reason, such certificates, instruments, or other written documents may be executed by a deputy or assistant to such officer, or by such other officer of the Authority as in the opinion of the Authority Attorney is authorized to sign such document. 6.04. The Authority shall not take any action or authorize any action to be taken in connection with the application or investment of the proceeds of the Bonds or any related activity which would cause the Bonds to be deemed to be "private activity bonds," within the meaning of Section 141 of the Code. The Authority shall not take any action or authorize any action to be taken in connection with the application or investment of the proceeds of the Bonds or any related activity which would cause the Bonds to be deemed to be "arbitrage bonds," within the meaning of Section 148 of the Code. Furthermore, the Authority shall take all such actions as may be required under the Code to ensure that interest on the Bonds is not and does not become includable in gross income for federal income tax purposes. EDA Minutes Page 10 June 13, 2016 6.05. The authority to approve, execute, and deliver future amendments to the documents executed and delivered by the Authority in connection with the transactions contemplated hereby is hereby delegated to the Executive Director, subject to the following conditions: (a) such amendments do not require the consent of the holders of the Bonds or, if required, such consent has been obtained; (b) such amendments do not materially adversely affect the interests of the Authority as the issuer of the Bonds; (c) such amendments do not contravene or violate any policy of the Authority; (d) such amendments are acceptable in form and substance to the Authority Attorney, bond counsel or other counsel retained by the Authority to review such amendments; (e) the Authority has received, if necessary, an opinion of bond counsel to the effect that the amendments will not adversely affect the tax - exempt character of interest on the Bonds, if the Bonds are then tax - exempt obligations; and (f) such amendments do not materially prejudice the interests of the owners of the Bonds. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this resolution. The execution of any instrument by the Executive Director shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the Executive Director, any instrument authorized by this paragraph to be executed and delivered by the Executive Director may be executed by such other officer of the Authority as in the opinion of the Authority Attorney is authorized to execute and deliver such document. SECTION 7. Effective Date. This Resolution shall take effect and be in force from and after its approval, subject to approval by the City Council of the City of the Authority's proposed issuance of the Bonds. Adopted by the Board of Commissioners of the Columbia Heights Economic Development Authority this 1P day of June, 2016. Gary L. Peterson, President Attest: Walter R. Fehst, Executive Director EDA Minutes Page 11 June 13, 2016 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $2,890,000 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE BONDS (HUSET PARK AREA REDEVELOPMENT PROJECT) SERIES 2007 NOTICE IS HEREBY GIVEN that, by order of the Board of Commissioners of the Columbia Heights Economic Development Authority (the "Authority"), there have been called for redemption and prepayment on August 15, 2016 all outstanding bonds (the "Bonds ") of the Authority designated as Tax Increment Revenue Bonds (Huset Park Area Redevelopment Project), Series 2007, dated August 3, 2007, having stated maturity dates of February I in the years 2017 through 2032, both inclusive, totaling $2,475,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2017 $ 80,000 197690 AA8 2022 510,000 197690 AB6 2032 1,885,000 197690 AD2 The Bonds are being called at a price of par plus accrued interest to August 15, 2016, on which date all interest on said Bonds will cease to accrue. The redemption of the Bonds is contingent upon the receipt by Bond Trust Services Corporation (the "Paying Agent'), of sufficient funds, on or before the redemption date, for the redemption of all Bonds. If such funds are not received in accordance with the preceding sentence then the redemption will be cancelled. Holders of the Bonds hereby called for redemption are requested to present their Bonds for payment at the main office of Bond Trust Services Corporation, 3060 Centre Pointe Drive, Roseville, Minnesota 55113, on or before August 15, 2016: Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2003, the registrar is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any Bonds subject to redemption and prepayment on the redemption date, unless the registrar is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and Certification, Form W -9, will satisfy the requirements of this paragraph. Dated: , 2016 BY ORDER OF THE BOARD OF COMMISSIONERS OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: /s/ Walter R. Fehst Executive Director Columbia Heights Economic Development Authority EDA Minutes Page 12 June 13, 2016 2. Approval of Post- Issuance Compliance Procedure and Policy for Tax - Exempt Governmental Bonds- Resolution 2016 -15 Ingram explained in a report that the Columbia Heights Economic Development Authority (the "Authority ") is an issuer of tax - exempt governmental bonds. Over time, the Internal Revenue Service (the "IRS ") has developed a series of regulations that require issuers of such bonds to take certain actions after the bonds have been issued to ensure that the bonds remain tax - exempt. The IRS has also begun to investigate whether issuers of tax- exempt bonds are complying with these regulations. For example, in early 2009, the IRS mailed its Governmental Bond Financings Compliance Check Questionnaire, Form 14002 to two hundred governmental entities that had issued tax- exempt bonds in 2005. A major focus of the IRS questionnaire is whether the governing body of the issuer responding to the questionnaire has adopted written procedures for its required post- issuance compliance actions. The questions in this questionnaire provide clear guidance from the IRS on the post- issuance actions that are expected from issuers of tax - exempt governmental bonds, the records that the IRS expects such issuers to retain, and the period of time such records are expected to be retained. The IRS has suggested that it may send this or a similar questionnaire to more issuers in the near future. In September 2011, the IRS revised its Form 8038 -G, which is the informational tax return that issuers of tax- exempt governmental bonds are required to submit in connection with each bond issue. The new version of the Form 8038 -G requires the issuer to certify whether it has written procedures in place for its post- issuance compliance activities. In addition, if a problem with the tax exemption of the bonds is identified at some point, the IRS has indicated it will allow reduced closing agreement amounts under its Voluntary Closing Agreement Program for issuers who implement written post - issuance compliance procedures. Ingram has prepared a model policy which, if implemented and followed, will meet IRS requirements for post- issuance compliance. A copy was enclosed in the agenda packet. She strongly recommended that the Board of Commissioners of the Authority adopt this policy, and that it follow the adopted policy with regard to all of its tax - exempt bonds Questions from members: There were no questions or comments. EDA Minutes Page 13 June 13, 2016 Motion by Williams, seconded by Nawrocki, to waive the reading of Resolution 2016 -15, there being ample copies available to the public. All ayes MOTIONPASSED. Motion by Wlliams, seconded by Nawrocki, to adopt Resolution 2016 -15, Resolution Approving Post - Issuance Compliance Procedure and Policy for Tax- Exempt Governmental Bonds. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-15 RESOLUTION APPROVING POST - ISSUANCE COMPLIANCE PROCEDURE AND POLICY FOR TAX - EXEMPT GOVERNMENTAL BONDS BE IT RESOLVED By the Board of Commissioners (the "Board of Commissioners ") of the Columbia Heights Economic Development Authority, a body corporate and politic and political subdivision of the State of Minnesota (the "Authority "), as follows: Section 1. Recitals. 1.01. The Authority from time to time issues tax- exempt governmental bonds to finance various public capital improvements. 1.02. Under Sections 103 and 140 to 150 of the Internal Revenue Code of 1986, as amended (the "Code ") and related regulations, the Authority is required to take certain actions after the issuance of such bonds to ensure that interest on those bonds remains tax- exempt. 1.03. The Authority has determined to adopt written procedures regarding how the Authority will carry out its bond compliance responsibilities, and to that end has caused to be prepared a document titled Post - Issuance Compliance Procedure and Policy for Tax - Exempt Governmental Bonds (the "Policy "). 1.04. The Board of Commissioners has reviewed the Policy has determined that it is in the best interest of the Authority to adopt the Policy. Section 2. Policy Approved. 2.01. The Board of Commissioners approves the Policy in substantially the form on file with the Executive Director. 2.02. Authority staff are authorized to take all actions necessary to carry out the Policy. Adopted by the Board of Commissioners of the Columbia Heights Economic Development Authority this 13th day of June, 2016. President ATTEST: Secretary EDA Minutes Page 14 June 13, 2016 3. Consideration of Sale of Scattered Site Property Located at 4011 5`n St- Resolution 2016 -16 Dahl explained that over the last few years the Columbia Heights Economic Development Authority (EDA) has acquired property within the City of Columbia Heights for economic development purposes. In 2009, the EDA approved the "Scattered Site Housing Program" in an effort to address foreclosure issues and remediate the emergence of blight within Columbia Height's neighborhoods. The program was setup to purchase blighted residential properties, demolish the house, and then sell the vacant lots to families seeking new construction of single - family homes. In 2013, the EDA approved Resolution 2013 -07, a resolution approving plan for conveyance of certain scattered site lots owned by the EDA. The EDA intended to convey twelve properties to contractors that will construct homes, and to that end has engaged the services of Re /Max Synergy through an Exclusive Right to Sell Listing Contract. The property located at 4011 5th Street Columbia Heights, MN 55421 is one of the twelve properties intended to be conveyed to a contractor, however the aforementioned property was and is owned by the City. In order for the EDA to convey this property to Timbercraft, the City needs to approve Ordinance 1631 conveying 4011 5th Street from the City to the EDA. Initially, Timbercraft wanted to close on this property on May 25, 2016, however while preparing closing documents it was determined that the EDA was not the fee owner. Timbercraft has a buyer for the subject property and wants to close on this as soon as possible for construction to begin late spring/ early fall. The resolution before the EDA at this meeting is approving a Purchase and Redevelopment Agreement between the EDA and Timbercraft for the property located at 4011 5`h Street that is contingent upon the City of Columbia Heights transferring title of the property to the EDA, and is enclosed in the agenda packet. Staff recommends approval of Resolution 2016 -16, authorizing approval of the Purchase and Redevelopment Agreement with Timbercraft Enterprises Inc. for the conveyance of 4011 51h Street, Columbia Heights, MN 55421. Ouestions from members: Dahl explained this is a housekeeping matter that makes the transfer to Timbercraft easier. The scattered site program was set up by the EDA, and the exclusive right agreement with Timbercraft is with the EDA, not the City. Ingram stated that if sold by the EDA, we have the right of reverter clause if the developer doesn't perform, and the City does not have that option under State Law. Ingram told members that the proper language regarding the reverter clause has been written into the documents regarding this property transfer. EDA Minutes Page 15 June 13, 2016 Dahl told members that out of the 12 sites that were part of this program, 10 have been sold, and this will be the 11 u'. Timbercraft plans on constructing a home valued at $200,000 on this site. Motion by Williams, seconded by Szurek, to waive the reading of Resolution 2016 -16, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Szurek, to adopt Resolution 2016 -16, Resolution approving a Purchase and Redevelopment Agreements with Timbercraft Enterprises Inc. for the conveyance of40115`h Street, Columbia Heights, MN 55421. All ayes. MOTION PASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-16 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT AGREEMENT (INCLUDING THE SALE OF LAND) BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND TIMBERCRAFT ENTERPRISES, INC. BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections 469.090 to 469.108 ('EDA Act "), and has previously established its Central Business District Redevelopment Project (the "Project") within the City of Columbia Heights (the "City ") and its City-Wide Scattered Site Tax Increment Financing District (the "TIF District ") within the Project, and has developed program design guidelines in connection with the construction of homes within the 71F District (the "Guidelines "). 1.02. The Authority and TimberCraft Enterprises, Inc. (the "Buyer ") have proposed to enter into an Amended Purchase and Redevelopment Agreement (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property within the TIF District, currently owned by the City, located at 4011 5s' Street NE and described as Lot 18, Block 52, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (the "Property"). 1.03. Pursuant to the Contract, the Buyer will acquire the Property and will construct a single - family home, subject further to the Guidelines and to the City's zoning and building codes and policies. EDA Minutes Page 16 June 13, 2016 1.04. On this date, the City Council of the City is scheduled to consider an ordinance approving the conveyance of the Property to the Authority (the "Ordinance "). The conveyance of the Property by the Authority to the Buyer is contingent on the conveyance of the Property by the City to the Authority. 1.05. The Authority has on this date conducted a duly noticed public hearing regarding the sale of the Property to the Buyer, at which all interested persons were given an opportunity to be heard. 1.06. The Authority finds and determines that conveyance of the Property to the Buyer has no relationship to the City's comprehensive plan, in that no amendment or modification of the comprehensive plan is required for the conveyance or redevelopment of the Property. The activities of the parties under the Contract implement housing goals established for the TIF District pursuant to the Tax Increment Financing Plan for the TIF District. 1.07. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the public interest and will further the objectives of its general Plan of economic development and redevelopment, because it will further the above - stated housing goals. Section 2. Authority Approval• Further Proceedings. 2.01. The Contract as presented to the Board, including the sale of the Property described therein, is hereby in all respects approved, subject to approval of the Ordinance by the City Council and subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, including without limitation the deed, and to carry out, on behalf of the Authority, its obligations thereunder. Contract. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 13th day of June, 2016. ATTEST: secretary President EDA Minutes Page 17 June 13, 2016 Hogeboom distributed plans that were submitted for the construction of the home at 4303 Reservoir Blvd. The Planner has looked at the plans and the Building Official is now reviewing them so construction can begin in the next few weeks. The home has an estimated value of $253,the and will be a 2 story home with an unfinished basement. It will have 2esti finished se of feet with the potential of additional finished space, once the basement area is complete. Hogeboom stated the house will face Reservoir Blvd and the garage will face the alley. It was noted that one sheet of the plans depicting the upper floor was omitted, but Hogeboom thought there would be 4 bedrooms. He will send that information to the members. Hogeboom told members that the July meeting has been cancelled, as has the work session for the City Council. The meeting was adjourned at 7:48 pm. Respectfully submitted, Shelley Hanson Secretary ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE SPECIAL MEETING OF JULY 21, 2016 The meeting was called to order at 4:00 pm by Vice Chair Bobby Williams. Members Present: Donna Schmitt, John Murzyn, Marlaine Szurek„ Bruce Nawrocki , Gerry Herringer, and Bobby Williams. Members Absent: Gary Peterson Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson. Also present: Representatives from Dominium PLEDGE OF ALLEGIANCE- RECITED BUSINESS ITEM 1. First Amendment to Second Amended and Restated Contract for Private Redevelopment — Resolution 2016 -17 Dahl explained that on April 04, 2016, The Columbia Heights Economic Development Authority (the "EDA ") approved Resolution 2016 -08 authorizing the execution of the Second Amended and Restated Contract for Private Redevelopment (the "Contract ") between City of Columbia Heights (the "City Council ") and Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper "). The Contract was fully executed by all parties on April 19, 2016. After the Contract was fully executed, the Redeveloper requested an extension on the construction deadlines and the deadline for payment of the administrative fee due to financial delays. The Redeveloper's financial delays stem from the general market conditions present with affordable housing. In order for the Huset Park Senior Living Apartments to be considered affordable housing, a minimum of 55% of the project needs to be funded by tax credit bonds. However, the market for tax credit bonds has been depleted, which has delayed the Redeveloper to meet the minimum financial requirement for this project. More tax credit bonds become available August 1, 2016 for the Redeveloper to meet the minimum financial requirement. A First Amendment to the Contract has been proposed to extend the required deadlines for the commencement and completion of the construction for the Huset Park Senior Living development project and to designate an extended deadline for the Redeveloper's payment of the Administrative Fee. Attached for review is Resolution 2016 -17 and the First Amendment to the Contract. The City Council approved the Contract on July 11, 2016. Staff recommends approval of the First Amendment to Second Amended and Restated Contract for Private Redevelopment. EDA SPECIAL MEETING Page 2 July 21, 2016 Discussion: Dominium is confident they will meet the 55% requirement of tax credit bonds once more become available in August. They expect to begin construction by March 2017 at the latest, but are hoping it could be as soon as September of this year. They received 6 million in tax credits in the last allotment and hope to get the remaining amount in the next go around. The representative said that they currently have 300 people on the waiting list at the Legends in St Anthony and people have been contacting them for this building. Motion by Schmitt, seconded by Murzyn, to waive the reading of Resolution No. 2016 -17, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Schmitt, seconded by Murzyn, to adopt Resolution 2016 -17, a resolution approving a First Amendment to the Second Amended and Restated Contract for Private Redevelopment between the City of Columbia Heights, the Columbia Heights Economic Development Authority, and Columbia Heights Leased Housing Associates I, LLLP. All ayes. MOTIONPASSED. EDA RESOLUTION NO. 2016-17 RESOLUTION APPROVING A FIRST AMENDMENT OF A SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS, AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP BE IT RESOLVED BY the Board of Commissioners (the `Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: Section 1. Recitals. 1.01. Pursuant to their authority under Minnesota Statutes, Sections 469.090 to 469.1082 and 469.174 to 469.1794, as amended, the Authority and the City of Columbia Heights (the "City ") established the Huset Park Tax Increment Financing District within the Downtown CBD Redevelopment Project (the "Project "), for the purpose of facilitating the redevelopment of certain substandard property within the Project. 1.02. the Authority, the City, and Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper ") entered into that certain Second Amended and Restated Contract for Private Redevelopment dated as of October 30, 2015 (the "Contract"), amending and restating certain prior agreements and providing, among other things, for the construction by the Redeveloper of certain improvements (the "Minimum Improvements ") on the property legally described within the Contract (the "Redevelopment Property"), and the disbursement of an administrative fee by the Redeveloper to the Authority (the "Administrative Fee ") in connection with the issuance by the Authority of its Tax Increment Revenue Refunding Bonds (Huset Park Area Redevelopment Project), Series 2016 (the "Bonds "). EDA Special Meeting Page 3 July 21, 2016 1.03. The parties have negotiated and propose to execute a First Amendment to the Contract (the "First Amendment") to clarify the definition of "Minimum Improvements," to extend the required deadlines for the commencement and completion of construction of the Minimum Improvements, and to designate an extended deadline for payment of the Administrative Fee. EDA SPECIAL MEETING Page 3 July 21, 2016 1.04. The City Council of the City approved the First Amendment at its regular meeting on July 11, 2016. Section 2. First Amendment Approved. 2.01. The First Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the First Amendment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the First Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Adopted by the Board of Commissioners of the Columbia Heights Economic Development Authority this July 21, 2016. President ATTEST: Secretary FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT This agreement is made as of 2016, by and between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and corporate (the "Authority "), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City "), and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES 1, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper "). EDA SPECIAL MEETING Page 4 July 21, 2016 WHEREAS, the Authority, the City, and the Redeveloper entered into that certain Second Amended and Restated Contract for Private Redevelopment dated as of October 30, 2015 (the "Contract "), amending and restating certain prior agreements and providing, among other things, for the construction by the Redeveloper of certain improvements (the "Minimum Improvements ") on the property legally described within the Contract (the "Redevelopment Property"), and the disbursement of an administrative fee by the Redeveloper to the Authority (the "Administrative Fee ") in connection with the issuance by the Authority of its Tax Increment Revenue Refunding Bonds (Huset Park Area Redevelopment Project), Series 2016 (the "Bonds "); and WHEREAS, the parties have determined to revise the Contract to clarify the definition of "Minimum Improvements," to extend the required deadlines for the commencement and completion of construction of the Minimum Improvements, and to designate an extended deadline for payment of the Administrative Fee. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Amendment to Section 1.1 of the Contract. The definition of "Minimum Improvements" in Section 1.1 of the Contract is amended as follows: "Minimum Improvements" means the construction on the Redeveloper Parcels of a multistory building containing 191 units of multifamily rental housing, along with associated underground structured parking and surface parking. 2. Amendment to Section 3.5(b) of the Contract. Section 3.5(b) of the Contract is amended as follows: (b) In conjunction with execution of this Agreement, the Authority has refunded the Series 2007 Bonds to achieve debt service savings (such refunding bonds hereinafter referred to as the "Refunding Bonds "), and the Redeveloper has paid to the Authority funds in the amount of $107,325, representing the total actual costs of issuance (including underwriter's discount) of the Refunding Bonds. The Redeveloper agrees that no later than August 31, 2016, the Redeveloper will pay to the Authority an administrative fee of $100,000, which will be deposited into a legally authorized redevelopment fund to be designated by the Authority or City. 3. Amendment to Section 4.3(a) of the Contract. Section 4.3(a) of the Contract is amended as follows: Section 4.3. Commencement and Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper shall commence construction of the Minimum Improvements by March 1, 2017. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the Minimum Improvements by September 30, 2018. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redeveloper Parcels shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. 4. Miscellaneous. Except as amended by this Amendment, the Contract shall remain in full force and effect. Upon execution, Redeveloper shall reimburse the Authority for all out -of pocket -costs incurred by the Authority in connection with negotiating, drafting and approval of this Amendment. EDA SPECIAL MEETING Page 5 July 21, 2016 IN WITNESS WHEREOF, the Authority, the City, and the Redeveloper have caused this Amendment to be duly executed by their duly authorized representatives as of the date first above written. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT 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 , 2016 by Gary Peterson and Walt Fehst, the President and Executive Director of the Columbia Heights Economic Development Authority, on behalf of the Authority. Notary Public Authority signature page to First Amendment to Second Amended and Restated Contract for Private Redevelopment EDA SPECIAL MEETING Page 6 July 21, 2016 CITY OF COLUMBIA HEIGHTS By Its Mayor By Its City Manager STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of 2016 by Gary Peterson and Walt Fehst, the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public City signature page to First Amendment to Second Amended and Restated Contract for Private Redevelopment EDA SPECIAL MEETING Page 7 July 21, 2016 COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP, a Minnesota Limited Liability Limited Partnership By: Columbia Heights Leased Housing Associates I, LLC Its General Partner Un STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Mark S. Moorhouse Its Senior Vice President The foregoing instrument was acknowledged before me this day of 2016 by Mark S. Moorhouse, the Senior Vice President of Columbia Heights Leased Housing Associates I LLC, a Minnesota limited liability company, the General Partner of Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered (MNI) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 Redeveloper signature page to First Amendment to Second Amended and Restated Contract for Private Redevelopment EDA SPECIAL MEETING Page 8 July 21, 2016 Cancellation of the Purchase & Redevelopment Agreement for Two Lots by Tollberg Homes Dahl explained that in January 2016, the EDA approved resolution 2016 -03, authorizing the approval of a Purchase and Redevelopment Agreement with Tollberg Homes for six residential lots to be sold at $22,500 per lot. In March 2016, the EDA approved resolution 2016 -06, authorizing a reduction in the purchase price for two lots to be sold at $18,500 per lot, due to unexpected sewer and water improvements. As of July 2016, Tollberg Homes has purchased four of the six residential lots; two lots for $22,500 per lot and two lots for $18,500 per lot. The remaining two lots, 4606 Polk Street and 4641 Tyler Street, have yet to close because of extensive soil remediation required before a single - family home can be constructed. Tollberg Homes has indicated that by purchasing these remaining two lots, this project will no longer become profitable for them. Thus, Tollberg Homes has requested a cancellation of the Purchase and Redevelopment Agreements for the two lots listed as follows: 4606 Polk Street NE PID 25- 30 -24 -33 -0030 4641 Tyler Street NE PID 25- 30 -24 -33 -0038 Pursuant of section 10 of the Purchase and Redevelopment Agreement, Tollberg Homes must send written notice to rescind the Purchase and Redevelopment Agreement if the soil is determined to be unacceptable. In which case, the Purchase and Redevelopment Agreement is null and void. Attached is the Cancellation Notice sent by Tollberg Homes. Since Tollberg Homes has cited that the soil conditions are the main concern with purchasing the remaining two lots, they are entitled to be refunded all the earnest money deposited. Thus, the EDA will refund $4,000 of the earnest money deposited upon execution of the Forms of Cancellation. Tollberg stated the lots have all needed soil corrections to some extent. A couple of the lots only required $1,00043,000 in correction, but 2 of the other properties including 4600 Polk required $15,000 to correct. Tollberg is assuming that both of these lots could require the same amount (especially 4606 Polk -which is next to 4600). Members asked if soil tests have been done to verify Tollberg's claim about the two lots. Dahl stated we are taking them at their word and to have tests done would cost us even more. Nawrocki wanted it stated in the record that he was opposed to refunding the earnest money. Dahl said we are obligated to return the earnest money per the agreement that was drawn up with Tollberg. Going forward Dahl said he will remove that clause and clearly state that the lots are being sold "as is ". The City attorney suggested we research old documents to review the terms of the contract with the Demolition Contractor to see if we can go back after him because he didn't compact the site correctly. Dahl told members that My Home Detail is interested in the other two lots and that he has a buyer for the 4606 Polk St Lot. Murzyn suggested that we contact other contractors also to see if they are interested in the lots. Dahl said he would contact several of the builders who have constructed other homes within the City. EDA SPECIAL MEETING Page 9 July 21, 2016 Dahl said no formal action is required by the EDA, but a cancellation agreement has been prepared, and will be signed by Tollberg Homes and the Officers of the EDA to terminate the original purchase agreement between the parties. 2. Acquisition Update of 4641 -43 Polk Street NE Owned by ACCAP. Dahl reminded members that the EDA had previously approved an offer to purchase this property for $75,000 provided ACCAP could get MHFA to release their financial attachment. ACCAP should know by August I" if MHFA will agree to this. If they do, ACCAP has accepted our offer to purchase the property for that price. Hogeboom told members that the August meeting is scheduled for August 1 S` at 6:30 pm. The meeting was adjourned at 4:20 pm. Respectfully submitted, Shelley Hanson Secretary RESOLUTION NO. 2016 -18 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Month of May and June, 2016 and the Payment of the Bills for the Month of May and June, 2016. 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 May and June, 2016 have 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. 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Although some of the Community Development Division's budget (Fund 201) is not controlled by the EDA, the EDA has historically reviewed and approved the entire Community Development Department budget. The budget ultimately must be approved by the City Council. The Economic Development Authority (EDA) portion of the budget is "Fund 204 ", and the attached resolutions serve as a recommendation to the City Council for levying both an EDA and a HRA levy. The Department's operating budget is relatively straightforward due to the size of the department. The 2016 budget includes an overall increase in EDA expenses due to a reallocation of the way in which salary expenses are charged between Fund 201 and Fund 204. The Associate Planner /Economic Development Manager and Secretary II — Permits and Licensing positions are no longer recognized in Fund 204, while 50% of the Director position is recognized in Fund 204, and 50% of the position is recognized in Fund 201. Due to the return of pre- recession workloads, the Secretary II — Community Development position has been budgeted to reflect full time working hours. Revenue is expected to increase in the EDA fund due to levy increases based on market value. Revenue is expected to increase in the Planning & Inspections fund due to anticipated increased permit, license and fee income. The complete Community Development Department budget will be distributed to the City Council later in 2016. STAFF RECOMMENDATION: Staff recommends approval of the Levies as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolutions 2016 -19 and 2016 -20, there being ample copies available to the public. Motion: Move to approve Resolution 2016 -19, Resolution Authorizing the Levy of a Special Benefit Levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal year 2017. Motion: Move to approve Resolution 2016 -20, Resolution of the Economic Development Authority (EDA) in and for Columbia Heights Adopting the 2017 budget and setting the EDA Levy. EDA Letter City of Columbia Heights - EDA Letter ATTACHMENTS: 1. Resolution 2016 -19 2. Resolution 2016 -20 3. Budget Worksheet for Funds 201 and 204 4. Revenue for Fund 204 Page 2 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-19 AUTHORIZING THE LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2017 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081 ( "EDA Act") the City of Columbia Heights ( "City") created the Columbia Heights Economic Development Authority (the "EDA "); and WHEREAS, pursuant to City Resolution 2001 -62 and Ordinance No. 1442, the City Council granted to the EDA all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act "), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA "); and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the EDA and HRA, together, to levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City; and WHEREAS, the EDA desires to levy a special benefit levy in the amount of .0185 percent of taxable market value in the City; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for fiscal year 2017; and WHEREAS, the EDA has before it for its consideration a copy of a budget for its operations for the fiscal year 2017 and the amount of the levy for collection in fiscal year 2017 shall be based on this budget. NOW, THEREFORE, Be It Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority: 1. The budget of $297,018 for the operations of the EDA presented for consideration by the Board of Commissioners of the EDA is hereby in all respects approved. Such budget includes the amount the EDA requests (by separate resolution) to be levied by the City under Minnesota Statutes, Section 469.107, together with the amount to be levied hereunder by the EDA under Minnesota Statutes, Section 469.033, subdivision 6. 2. Staff of the EDA are hereby authorized and directed to file the budget with the City in accordance with Minnesota Statutes, Section 469.033, Subdivision 6. 3. There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in the amount of $209,468, which is .0185 percent of the market value in the City. 4. Staff of the EDA are hereby authorized and directed to seek the approval by resolution of the City Council of the City of the levy of special benefit taxes in 2017 and to take such other actions as are necessary to levy and certify such levy. Motion by: Second by: Motion passed this 1st day of August 2016. Attest by: Walter R. Fehst, Executive Director Gary L. Peterson, President EDA RESOLUTION 2016 -20 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS (EDA) ADOPTING THE 2017 BUDGET AND SETTING THE EDA LEVY. BE IT RESOLVED By the Columbia Heights Economic Development Authority (EDA) of Columbia Heights, Minnesota as follows: WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996 pursuant to Minnesota Statutes 469.090 to 469.1081; and WHEREAS, the City Council has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levy a tax on its area of operation for the purposes authorized under State Statues 469.090 to 469.1081, subject to consent by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: 1. The EDA adopts and recommends to the City Council for approval a budget of $297,018 for year 2016. 2. The EDA adopts and recommends to the City Council for approval a levy of $84,000 for year 2016. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director /City Clerk of the City of Columbia Heights, Minnesota. APPROVED THIS 1st day of August 2016. MOTION BY: SECONDED BY: Attest by: Walter R. Fehst, Executive Director Gary L. Peterson, President CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2017 DEPARTMENT: PLANNING & INSPECTIONS 201 42400 PLANNING & INSPEC4 ION5 PLANNING &INSPECTIONS Actual Expense 2014 Actual Expense 2015 Adopted Budget 2016 Department Proposed 1 2017 City Manager Proposed 2017 Council Adopted 2017 Line Item Description 0999 Personal Services 1999 Supplies 2999 Other Services & Charges 4999 Capital Outlay 6999 Contingencies & Transfers TOTALS: PLANNING & INSPECTIONS Activity Description 215,005 258,991 263,707 411,528 2,578 3,863 1,150 1,100 14,873 15,991 13,512 12,497 13,659 13,756 15,164 15,550 246,115 292,601 293,533 440,675 1. Maintain effective, thorough and timely building inspections. 2. Maintain housing stock through rental, vacant and abandoned property inspections. 3. Maintain neighborhood stability through building and zoning enforcement. 4. Provide project management services within the City for private development requests. S. Provide licensing services to community businesses. 6. Provide staff support to the Planning and Zoning Commission. Objectives 1. Keep Columbia Heights a vibrant, urban community through careful planning and attention to safety and quality in the built 2. Ensure that Columbia Heights has a well - planned network of roads, transit corridors, trails and bikeways. 3. Continue to allow neighborhoods and commercial areas to thrive by actively seeking to keep zoning and other ordinances relevant. Ensure quality business development by through licensing and interaction with the business community. Enhance Columbia Heights' positive image through effective communication measures. Budget Comments on Proposed Budget 1. Increase in salary expense due to reallocation of responsibilities within positions between Fund 201 and Fund 204 (Fund 204 expenses have decreased), as well as standard cost of living and step increases. 2. Decrease in supplies due to completion of department remodeling project. 3. Decrease in Other Services and Charges due to less need for professional services due to in -house staff and decrease in Training and Activities. (There are many free and reduced cost trainings available.) 4. Fund 201 does not rely on General Fund, levy or Local Government Aid (LGA). From year to year, revenue /expenditure amounts vary greatly. 4. Revenue was increased due to increased construction and permitting activity, as well as a transfer from Fund 204. uty of Lommoia neignts, mmnesota 2017 Budget Worksheet 201 42400 PLANNING & INSPECTIONS PLANNING &INSPECTIONS Actual Expense 2014 Actual Expense 2015 Adopted Budget 2016 Department Proposed 2017 7CityManafier Council Adopted 2017 Line Item Description PERSONAL SERVICES 1000 ACCRUED SALARIES - 1010 REGULAR EMPLOYEES 157,009 182,731 199,330 305,756 1011 PART -TIME EMPLOYEES - 938 - - 1012 SEASONAL EMPLOYEES - _ 1020 OVERTIME - REGULAR 578 1,038 1,000 2,000 - 1030 VACATION & SICK 2,777 8,099 - _ 1050 SEVERANCE PAY 3,983 675 1060 MILEAGE ALLOWANCE _ 1070 INTERDEPARTMENTAL LABOR SERV - _ 1210 P.E.R.A. CONTRIBUTION 11,344 13,776 14,928 _ 22,955 1220 F.I.C.A. CONTRIBUTION 12,119 14,321 15,325 23,543 - 1225 FLEX BENEFIT FICA 1300 INSURANCE 25,911 29,651 31,580 48,191 - 1400 UNEMPLOYMENT COMPENSATION - 6,233 - _ 1510 WORKERS COMP INSURANCE PREM 1,285 1,530 1,544 1,983 1700 ALLOCATED FRINGE 1810 COLA ALLOWANCE - 7,100 0999 TOTALS: PERSONAL SERVICES 215,005 258,991 263,707 411,528 SUPPLIES 2000 OFFICE SUPPLIES 489 1,039 350 300 2010 MINOR EQUIPMENT _ 629 - - 2011 COMPUTER EQUIPMENT 993 1,271 _ 2020 COMPUTER SUPPLIES _ 2030 PRINTING & PRINTED FORMS 291 2171 GENERAL SUPPLIES _ 2175 FOOD SUPPLIES 43 13 - - 2280 VEHICLE REPAIR AND PARTS 41 195 100 100 - 2282 GAS, OIL, LUBRICANTS 721 716 700 700 - 1999 TOTALS: SUPPLIES 2,578 3,863 1,150 1,100 OTHER SERVICES & CHARGES 3045 ATTORNEY FEES -OTHER _ 3050 EXPERT & PROFESSIONAL SERV. 1,065 960 5,235 500 3105 TRAINING & EDUC ACTIVITIS 868 690 500 500 - 3120 EDUCATIONAL REIMBURSEMENT - _ 3210 TELEPHONE & TELEGRAPH 140 265 646 _ 646 - 3211 CELL PHONES 1,488 1,370 600 600 3220 POSTAGE 1,133 1,013 1,200 1,000 - 3250 OTHER COMMUNICATIONS 197 216 225 209 3310 LOCAL TRAVEL EXPENSE 161 120 100 100 - 3320 OUT OF TOWN TRAVEL EXPENSE 411 - _ 3500 LEGAL NOTICE PUBLISHING 614 1,062 600 500 - 3600 INSURANCE & BONDS 965 1,291 1,781 2,452 - 4000 REPAIR & MAINT. SERVICES 3,669 3,916 900 800 4040 INFORMATION SYS:INTERNAL SVC - - - 3,600 - _ 4050 GARAGE, LABOR BURD. 327 734 300 300 - 4100 RENTS & LEASES _ 4300 MISC. CHARGES - 31 - _ _ 4310 CREDIT CARD FEES 2,516 3,433 1,000 _ 1,000 - 4330 SUBSCRIPTION, MEMBERSHIP 1,255 750 325 290 - 4380 COMMISSION & BOARDS 48 - 100 - 4390 TAXES & LICENSES 16 140 - 4395 STATE SALES TAX _ 2999 TOTALS: OTHER SERVICES & CHARGES 14,873 15,991 13,512 12,497 _ _ llty or Loiumoia rielgnts, Mmnesoia 2017 Budget Worksheet 201 42400 PLANNING & INSPECTIONS PLANNING &INSPECTIONS Actual Expense 1 2014 Actual Expense 1 2015 1 Adopted Budget 2016 Department Proposed 1 2017 City Manager Proposed 2017 Council Adopted 2017 Line Item Description CAPITAL OUTLAY 4999 TOTALS: CAPITAL OUTLAY OTHER FINANCING USES 7100 OPER. TRANSFER OUT - LABOR 13,659 13,756 15,164 15,550 8100 CONTINGENCIES _ 6999 TOTALS: OTHER FINANCING USES 13,659 13,756 15,164 15,550 TOTALS: PLANNING & INSPECTIONS 246,115 292,601 293,533 440,675 - _ FUND NUMBER 201 -42400 CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2017 SUMMARY OF COST FACTORS FOR THE COMING YEAR Exnlanatinn of Prrcnnnol PLANNING & INSPECTIONS Supplies OFFICE SUPPLIES VEHICLE REPAIR AND PARTS GAS, OIL, LUBRICANTS Other Services & Charges EXPERT & PROFESSIONAL SERVICES TRAINING & EDUC. ACTIVITIES TELEPHONE & TELEGRAPH CELL PHONES POSTAGE OTHER COMMUNICATIONS LOCAL TRAVEL EXPENSE LEGAL NOTICE PUBLISHING INSURANCE & BONDS REPAIR & MAINT. SERVICES GARAGE, LABOR BURDEN CREDIT CARD FEES SUBSCRIPTION, MEMBERSHIP INFORMATION SERVICES TRANSFER OUT Miscellaneous office supplies 300 Standard repairs to the Building Official vehicle 100 Anticipated fuel cost for Building Official vehicle 700 Special consultants fees 500 required training for Building Official and Planner S00 2016 Adopted 646 Cell phone for Building Official and Director 2017 Proposed Anticipated postage for public hearing material 1,000 Internal charge based on previous figures 209 Historical average for local travel 100 Total 500 Internal charge for insurance Total Anticipated maintenance of tech. equipment F.T.E. Labor cost for Building Official car Total Total Comp Total Total Comp Position Title 2016 2017 Salaries Fringe & Fringe Salaries Fringe & Fringe Secretary 11 Permits 1.00 1.00 52,927 19,135 72,062 52,927 18,954 71,881 City Planner 1.00 1.00 47,469 18,265 65,734 78,287 23,109 101,396 Building Official 1.00 1.00 76,613 20,117 96,730 82,757 23,676 106,433 Secretary II Com. Dev. 0.50 1.00 - - - 42,254 17,401 59,655 COLA Allowance I - - - 1 5,000 2,100 7,100 Subtotal 3.50 4.00 177,009 57,517 234,526 261,225 85,240 346,465 Labor Allocation From 204 Community Dev. Director 0.20 0.50 20,724 5,447 26,171 51,531 13,532 65,063 Assistant Director 0.10 - 8,688 2,454 11,142 - _ Labor Allocation to 204 Secretary If Permits -0.20 -6,093 -2,041 -8,134 Plug to balance to budget 2 Total 3.60 4.50 200,328 63,377 263,707 312,756 98,772 411,528 Supplies OFFICE SUPPLIES VEHICLE REPAIR AND PARTS GAS, OIL, LUBRICANTS Other Services & Charges EXPERT & PROFESSIONAL SERVICES TRAINING & EDUC. ACTIVITIES TELEPHONE & TELEGRAPH CELL PHONES POSTAGE OTHER COMMUNICATIONS LOCAL TRAVEL EXPENSE LEGAL NOTICE PUBLISHING INSURANCE & BONDS REPAIR & MAINT. SERVICES GARAGE, LABOR BURDEN CREDIT CARD FEES SUBSCRIPTION, MEMBERSHIP INFORMATION SERVICES TRANSFER OUT Miscellaneous office supplies 300 Standard repairs to the Building Official vehicle 100 Anticipated fuel cost for Building Official vehicle 700 Special consultants fees 500 required training for Building Official and Planner S00 Telephone charge 646 Cell phone for Building Official and Director 600 Anticipated postage for public hearing material 1,000 Internal charge based on previous figures 209 Historical average for local travel 100 Based on past legal notice publications 500 Internal charge for insurance 21452 Anticipated maintenance of tech. equipment 800 Labor cost for Building Official car 300 Credit card charges for building application fee pa' 1,000 Subscription for building code manuals and misc. F 290 New departmental charge for 15 services 3,600 Other Financing Uses Internal charge for support staff services 15,550 CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2017 DEPARTMENT: ECONOMIC DEVELOPMENT AUTHORITY 204 463141 COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT AUTH Actual Expense 2014 Actual Expense 2015 Adopted Budget 2016 Department Proposed 2017 City Manager Proposed 2017 Council Adopted 2017 Line Item Description 0999 Personal Services 154,801 176,374 213,097 139,753 1999 Supplies 4,037 1,079 300 - 2999 Other Services & Charges 21,953 12,888 13,204 13,549 4999 Capital Outlay - - 6999 Contingencies & Transfers 13,658 13,756 68,615 148,716 TOTALS: ECONOMIC DEVELOPMENT 194,449 204,096 295,216 302,018 Activity Description 1. Implement goals and objectives of the Economic Development Authority. 2. Monitor and implement housing programs to ensure that neighborhood stability is maintained. 3. Develop and implement programs that work to increase assessed property values. 4. Manage branding and communication activities for the City. S. Enhance business opportunities within the City. Objectives 1. Create opportunities for businesses to thrive in Columbia Heights. 2. Actively monitor and identify areas that are prime for redevelopment. 3. Collaborate with local, regional, state and federal government agencies to ensure viable funding opportunities are identified and received. 4. Reinvest in single - family and multi - family housing throughout the community. S. Improve the tax base of the community through productive measures that increase overall property values. Budget Comments on Proposed Budget I. Decrease in salary expense due to reallocation of responsibilities within the positions between Fund 201 and Fund 204, 2. Decrease in supplies due to completion of department remodeling project and continued integration of paperless technologies into the work environment. 3. Decrease in Other Services and Charges due to the department being fully staffed and therefore having less reliance on outside consultants to accomplish economic development and public financing - related tasks. 4. Market rate increase to Economic Development Manager salary. uty or t,otumma neignts, mmnesota 2017 Budget Worksheet 204 46314 COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT AUTHORITY Actual Expense 2014 Actual Expense 2015 Adopted Budget 2016 Department Proposed 2017 City Manager Proposed 1 2017 Council Adopted 2017 Line Item Description PERSONAL SERVICES 1000 ACCRUED SALARIES 1010 REGULAR EMPLOYEES 1012 SEASONAL EMPLOYEES 1020 OVERTIME - REGULAR 1030 VACATION & SICK 1050 SEVERANCE PAY 1070 INTERDEPARTMENTAL LABOR SERV 1210 P.E.R.A. CONTRIBUTION 1220 F.I.C.A. CONTRIBUTION 1225 FLEX BENEFIT FICA 1300INSURANCE 1400 UNEMPLOYMENT COMPENSATION 1510 WORKERS COMP INSURANCE PREM 1700 ALLOCATED FRINGE 1810 COLA ALLOWANCE 0999 TOTALS: PERSONAL SERVICES SUPPLIES 2000 OFFICE SUPPLIES 2010 MINOR EQUIPMENT 2011 COMPUTER EQUIPMENT 2020 COMPUTER SUPPLIES 2030 PRINTING & PRINTED FORMS 2171 GENERALSUPPLIES 2175 FOOD SUPPLIES 2280 VEHICLE REPAIR AND PARTS 1999 TOTALS: SUPPLIES OTHER SERVICES & CHARGES 3045 ATTORNEY FEES -OTHER 3050 EXPERT & PROFESSIONAL SERV. 3105 TRAINING & EDUC ACTIVITIES 3120 EDUCATIONAL REIMBURSEMENT 3210 TELEPHONE & TELEGRAPH 3220 POSTAGE 3250 OTHER COMMUNICATIONS 3310 LOCAL TRAVEL EXPENSE 3320 OUT OF TOWN TRAVEL EXPENSE 3430 ADVERTISING OTHER 3500 LEGAL NOTICE PUBLISHING 3600 INSURANCE & BONDS 4000 REPAIR & MAINT. SERVICES 4020 BUILDING MAINTENANCE 4040 INFORMATION SYS:INTERNAL SVC 4050 GARAGE, LABOR BURD. 4100 RENTS & LEASES 4300 MISC. CHARGES 4330 SUBSCRIPTION, MEMBERSHIP 4376 MISCELLANEOUS CIVIC AFFAIRS 4380 COMMISSION & BOARDS 4390 TAXES & LICENSES 4395 STATE SALES TAX 2999 TOTALS: OTHER SERVICES & CHARGES 146,035 153,708 166,181 7,192 (147) - 578 1,038 1,000 (21,781) 1,797 - 15,931 2,701 (37,000) (27,750) - 11,367 11,572 12,508 11,866 11,885 12,789 19,146 20,302 19,332 1,469 1,267 1,287 154,801 176,374 213,097 324 814 300 2,876 - _ 181 101,756 7,600 7,784 16,110 703 5,800 139,753 152 141 504 124 4,037 1,079 300 - 12,131 1,155 715 667 197 389 641 334 1,482 802 2,381 100 250 385 323 21,953 5,918 600 807 810 235 259 328 531 1,757 598 420 595 30 12,888 7,588 300 750 700 312 300 300 2,354 3,000 646 800 301 100 300 3,302 5,100 400 200 13,204 13,549 uty or t.oIumoia neignts, mmnesota 2017 Budget Worksheet 204 46314 COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT AUTHORITY Actual Expense 1 2014 Actual Expense 2015 I Adopted Budget 2016 I Department Proposed 2017 City Manager Proposed 2017 I Council Adopted 2017 Line Item Description nTNCO CIIJ A kirik r item 7100 OPER. TRANSFER OUT- LABOR 7410 TRANSFER OUT TO COMM DEVELOPMENT 7413 TRANSFER TO CAP IMP DEVELOPMENT 8100 CONTINGENCIES 6999 TOTALS: OTHER FINANCING USES TOTALS: ECONOMIC DEVELOPMENT AUTHO 13,658 13,756 15,163 15,550 - - 53,452 133,166 13,658 13,756 68,615 148,716 194,449 204,096 295,216 302,018 CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2017 FUND NUMBER ECONOMIC DEVELOPMENT AUTHORITY 204 -46314 SUMMARY OF COST FACTORS FOR THE COMING YEAR Explanation of Personnel Other Services & Charees Special consultants (Ehler's, EDA attorney) 3,000 Telephone charge 646 2016 Ado p[ed 800 Cost associated with advertisements and printing 2017 Proposed for public meetings 301 Based on past local travel expense 100 Based on past legal notice publications 300 Total 3,302 New charge for IS services Total Other Financing Uses F.T.E. Total Total Comp Total Total Comp Position Title 27'62017 Salaries Fringe & Fringe Salaries Fringe & Fringe Community Dev. Director 1.00 1.00 103,620 27,237 130,857 103,062 27,065 130,127 Assistant Director 1.00 - 86,881 24,539 111,420 Economic Dev. Manager - 1.00 50,225 18,664 68,889 COLAAIIowance Subtotal 2.00 2.00 190,501 51,776 242,277 4,100 157,387 1,700 47,429 5,800 204,816 Labor Allocation from 201 Secretary II Permits 0.10 - 6,093 2,041 8,134 - - Labor Allocation to 201 Community Dev. Director -0.20 -0.50 - 20,724 -5,447 - 26,172 - 51,531 - 13,532 - 65,063 Assistant Director -0.10 - -8,688 -2,454 - 11,142 - - - Total 1.80 1.50 167,182 45,916 2131097 105,856 33,897 139,753 Other Services & Charees Special consultants (Ehler's, EDA attorney) 3,000 Telephone charge 646 Anticipated postage for public hearing notices 800 Cost associated with advertisements and printing for public meetings 301 Based on past local travel expense 100 Based on past legal notice publications 300 Internal charge given for insurance 3,302 New charge for IS services 5,100 Other Financing Uses Transfer to fund 201 for operating expenses 148,716 City of Columbia Heights, Minnesota BUDGET 2017 Community Development Expenses 0999 Personal Services 1999 Supplies 2999 Other Services and Charges 4999 Capital Outlay 6999 Contingencies & Transfers Total Expenses 411,528 Planning & 1,100 0 Inspections EDA 0 201 204 Revenue 440,675 302,018 30999 Taxes 0 293,468 31999 Licenses & Permits 299,709 0 32999 Intergovernmental 0 0 33999 Charge for Services 0 50 34999 Fines & Forfeits 0 0 35999 Miscellaneous 7,800 3,500 36999 Sales and Related Charges 0 0 39199 Transfers & Non Rev Receipts 133,166 0 Total Revenue 440,675 297,018 Expenses 0999 Personal Services 1999 Supplies 2999 Other Services and Charges 4999 Capital Outlay 6999 Contingencies & Transfers Total Expenses 411,528 139,753 1,100 0 12,497 13,549 0 0 15,550 148,716 440,675 302,018 Change to Fund Balance 0 -5,000 CH COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEMS ITEM NO. 8 MEETING DATE AUGUST 1, 2016 CITY OF COLUMBIA HEIGHTS — ECONOMIC DEVELOPMENT AUTHORITY I ITEM: I Revised Single Family Home Lot Sales Program IDEPARTMENT: Community Development I CITY MANAGER'S APPROVAL: [BY/DATE: Keith M. Dahl, July 25, 2016 I BY /DATE: BACKGROUND: In September 2015, the EDA adopted the Single Family Home Lot Sales Program for the conveyance of certain lots owned by the EDA to builders licensed by the State of Minnesota. The program was adopted for reinvestment in Columbia Height's neighborhoods through the construction of owner- occupied single family homes. Currently, many of the lots in the program have been conveyed to state - licensed builders; however with the lots that remain and the additional lots identified for EDA acquisition, modifications are recommended to improve the clarification, effectiveness and efficiency of the program. Attached are the revised Single Family Home Lot Sales Program and the Purchase and Redevelopment Agreement documents. Changes are noted on both documents by a =*'°'gym .ethreug„ for a deletion and an underline for an addition. The modifications proposed are as follows: Rather than a First -Come, First - Served program, EDA staff will evaluate all proposals received in the month prior to determine the proposal that best meets the program's guidelines. • Clarification about the Program's process for state - licensed builders to purchase six -month options or to purchase lots. Rather than the earnest deposit of $2,000 being deposited after the EDA approves a Purchase and Redevelopment Agreement, the earnest deposit of $2,000 is proposed to be deposited with a builder signed Purchase and Redevelopment Agreement before the EDA approves a Purchase and Redevelopment Agreement for a specific lot. Clarification of the $2,000 earnest dopiest being non - refundable to cover the cost of professional service fees for drafting lot specific Purchase and Redevelopment Agreements and closing cost preparation. STAFF RECOMMENDATION: Staff recommends adopting Resolution 2016 -21, a resolution revising the guidelines for conveyance. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2016 -21, there being ample copies available to the public. Motion: Move to adopt Resolution 2016 -21, a resolution approving the revised guidelines for conveyance of certain lots owned by the Economic Development Authority. ATTACHMENTS: 1. Resolution 2016 -21 2. Revised Single Family Home Lot Sales Program Guidelines 3. Revised Purchase and Redevelopment Agreement EDA Letter COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016 -21 RESOLUTION APPROVING REVISED GUIDELINES FOR CONVEYANCE OF CERTAIN LOTS OWNED BY THE ECONONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "). 1.02. Within the Redevelopment Project, the Authority has acquired certain parcels suitable for the construction of single - family homes, which parcels are described in Exhibit A hereto (the "Subject Parcels "). 1.03. The Authority created its Single Family Home Lot Sales Program and approved preliminary guidelines for this program (the "Guidelines ") on September 8, 2015, and approved amendments to the Guidelines on January 4, 2016. Pursuant to the Guidelines, the Authority has conveyed certain of the Subject Parcels to contractors that will construct homes for sale to owner- occupants, and intends to convey the remaining Subject Parcels for the same purpose. The Authority may in the future identify additional parcels suitable for such construction. 1.04. The Authority has determined that additional revisions to the Guidelines are needed, and has caused revisions to the Guidelines to be prepared in the form presented to the Board. Section 2. Revised Guidelines Approved, Proceedings. 2.01. The Board approves the Guidelines as modified. 2.02. Authority staff and consultants are authorized and directed to negotiate sales of the Subject Parcels with qualified contractors, subject to the condition that before the EDA is obligated to sell any Subject Parcel, the Board shall approve a purchase and redevelopment agreement with the buyer of that parcel following a duly notice public hearing thereon, as described in the Guidelines. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 1 st day of August, 2016. ATTEST: Secretary 2 President EXHBIT A Subject Parcels s, LIE Single Family Home Lot Sales Program COLUMBIA HEIGHTS COMMUNITY PROFILE There is renewed interest in constructing new single family homes in the first ring suburbs of Minneapolis and St. Paul. Living closer to the urban core allows people to have shorter commutes to work, and a plethora of dining and entertainment opportunities. Columbia Heights is well positioned as a first ring suburb, directly adjacent to booming Northeast Minneapolis. Columbia Heights offers high - quality lots in existing neighborhoods with close Proximity to both Downtown Minneapolis and the northern suburbs. Despite only being two and a half miles from Downtown lk Minneapolis, Columbia Heights offers small town amenities, such as our own "Main Street" along Central Avenue, our award winning School District, as well as neighborhood and regional parks. Public and private reinvestment continues to occur in Columbia Heights, including the construction of a new, state- of- the-art Public library, new restaurant and shopping areas, and a water park -themed splash pad. Columbia Heights has many community amenities, and provides exceptional real estate value to homebuyers. Columbia Heights continues to make a concerted effort to reinvest in its neighborhoods. Having implemented several housing reinvestment programs throughout the past several years, Columbia Heights is seeing a marked increase in new single family home construction. The lots that are for sale as a part of this program were strategically acquired by Columbia Heights' Economic Development Authority, and are ready to be developed. We welcome you to Rediscover the Heights! PROGRAM GUIDELINES This program is designed to sell residential lots to state - licensed home builders for the construction of new single family homes. The City's Economic Development Authority (EDA) is only authorized to work with, and sell properties to, builders licensed by the State of Minnesota. The EDA eensiders pFoposais on a "first first basis. The fi d bad hous EDA A& w' evaluate 11 proposals r ived in the month pdor to each r guitar meeting of the EDA Board and will Present the o s that best the crit ria established l be presented to the EDA Beard fer eensideratie in these G idelines at th n xt foll wing EDA and meeting. The EDA Board retains absolute authority and discretion to decide whether or not to accept any particular proposal. end reserves the righ to consider offers th at do no s rictly comely wi h the guidelines tmd r c rtain ci cumstances Proposals must be submitted by state - licensed builders who have constructed at least three houses in Minnesota in the last five years, or have equivalent experience acceptable to the EDA. The house may be built speculatively or for a specific buyer, andbutu it cannot be used as a rental property. my aeeept pfoposals L The new owner - occupied single family home must have at least three legally conforming bedrooms, two bathrooms and a two _car garage (which may be either attached or detached, depending on the property layout). EDA staff Miem all Proposals to determine if thev meet EDA Program reauiremen Builders may propose to purchase a 10t s ; °* • ^^ _ �, , or they may propose to purchase a six -month option on the lot Either tvPe of ProPOSal must he aPnroved in conmpt by the EDA Board After con pnt approval by th EDA Board EDA staff will work with th builder to d termin specific _house Plans and to nrenare an n ti Agreement or Purchase and Redevelo ment Agm met for- a - refundable fee v r $ 1,000-, 0-, Only Option Agreements execut d by the bijilderand acromP ni by an option fee of $i.000 will be cdered by the EDA Board for final approval at its next meeting- If the 4PWn Agreement is approved by the FDA the option fee is non-refundable and is renewable for one additional six -month term for an additional non - refundable fee of $500. The option provides the builder with an exclusive right to purchase the lot and build a single family home, subject to EDA requirements. QRtonn fee(s) will be credited toward the purchase price of the property. If the builder opts not to purchase the lot, the EDA will re-tain the option fee(s )-wilH3e�� y �� . As a condition of the option, the builder must list the lot with a "to -be- built" house plan displayed on the Multiple Listing Service (MIS) for the duration of the option. No single builder may hold more than 25% of the lot inventory in options. FREQUENTLY ASKED QUESTIONS Are lot prices negotiable? Lot prices are based upon the Estimated Land Value of each individual property. The EDA reserves the right to review and adjust lot prices periodically. How are legal fees and closing costs handled? In general, the Economic Development Authority's legal fees and closing costs are included within the price of the lot. DevelepeF Bui d r is responsible for its own legal fees and costs related to any title evidence deemed necessary by h it r. A onrefundable $2,000 earnest deposit will be required from Develep er v YY" ' ` "' L the builder a th tim th builder signs t_he Purchase and Redev lonment Agreement The purchase and Redevelopment Agreement will be drafted upeft-,alepdgr to approval whiehof the sale by the_ FDA and will specify specific cost structures. ■ • . • 1 . • . • _ MIT. _ • • . • • — • . • • • • . - . or fi - . :•. ,. . . _ mest - � •�••. •► Wig• •••M• • • _ �- FREQUENTLY ASKED QUESTIONS Are lot prices negotiable? Lot prices are based upon the Estimated Land Value of each individual property. The EDA reserves the right to review and adjust lot prices periodically. How are legal fees and closing costs handled? In general, the Economic Development Authority's legal fees and closing costs are included within the price of the lot. DevelepeF Bui d r is responsible for its own legal fees and costs related to any title evidence deemed necessary by h it r. A onrefundable $2,000 earnest deposit will be required from Develep er v YY" ' ` "' L the builder a th tim th builder signs t_he Purchase and Redev lonment Agreement The purchase and Redevelopment Agreement will be drafted upeft-,alepdgr to approval whiehof the sale by the_ FDA and will specify specific cost structures. How does the EDA handle multiple offers? The EDA considers proposals � "first e me+; d" basis- This €rrstf om ime to time based on EDA taff pr entation In h ca of mul iple offer r ceived prior to are lar EDA Bwwrdmweeting, the offer t e = ,best comnlvine with the price and development criteria established in these Guidelines as to a given lot -will be presented to the EDA B r for its consideration. The EDA retains absolute discretion to decide whether or not to accept any particular proposal. Offers to purchase lots will take precedence over offers to purchase options on lots. Has the lot been surveyed? No survey work has been performed by the EDA. However, with prior consent of the EDA, the prospective b"yef uild r may have the lot surveyed by a registered land surveyor. The EDA and City retain the right to keep a copy of all official surveys as part of the public record for the property. What is the condition of the property? Each lot is sold "as is." The prospective buyer it r is responsible to perform all necessary improvement to the lot at its own cost. Is sewer and water available to the property? Please contact the Columbia Heights Public Works Department (763 -706- 3700) regarding requirements for connecting to the public sewer and water system. How much time do I have to commence and complete construction? After purchasing a lot, construction should begin within a reasonable time period and must be completed within one year. See the Purchase and Redevelopment Agreement for more details. What are the building requirements for a new home? All homes constructed through this program must contain the following: • Three bedrooms • Two bathrooms • Two enclosed garage stalls, accessible by a paved driveway • Windows on every wall of the home • Basements with at least one egress window • One canopy tree in either the front or rear yard • All required features of the State Building Code Can a new home become rental property? No, all lots purchased must be developed with owner - occupied housing. Each conveyance is subject to a ten year deed restriction requiring owner occupancy, as required by the Purchase and Redevelopment Agreement. See Purchase and Redevelopment Agreement for more details. LOTS FOR SALE PROPERTY APPROXIMATE AREA Minimum ADDRESS DIMENSIONS '_q. ft_.) Sale Price (wx d) 4606 POLK ST NE 4616PAL K ST 50'x 128' 6,534 g on 4641 TYLER ST NE 460QPG K- SAN€ 464 ern "T-W nc�o on9_ �R 60' x 128' '°-,(� c 55,3(128' �84A 7,840g` 63-34 9 gg9 7,940 69-34 Please note that only lots listed on this chart are for sale under this program. The City or EDA may own additional properties that are not for sale for various reasons. The City and EDA will not entertain offers for properties not actively listed for sale. ADDITIONAL INFORMATION Thank you for your interest in developing housing in the City of Columbia Heights. For more information about this program, please visit www.columbiahgightsmn gov or contact the Community Development Department at (763) 7o6 -367o. CN COLUMBIA -HEIGHTS - REDISCOVER THE HEIGHTS PROPOSALFORM (Please detach and sub thecozolete this section and submit it to the Community Development Department) PROPERTY ADDRESS: CHECK ONE: BUILDER OFFERS $ TO PURCHASE THIS LOT BUILDER OFFERS $1,000 FOR A SIX -MONTH OPTION TO PURCHASE THIS LOT FOR $ This proposal is not a purchase agreement or other binding contract. At this time, the guildeFbuilder is submitting a proposal to purchase this lot and build a new single family house in accordance with the RFP Guidelines, or is requesting a six- month option for the same. If a builder's proposal is tentatively accepted by the EDA Board, then EDA staff weald argil work with the guilderbuilder to determine the specific house plan and err ---t t At the Fle3it 111A draft an Option Aereement or Rundhale and Red veto ment Aereement to b signed by the builder and presented to the EDA Board at it n x[ meeting with the repuued earnest mpnav n + F . If the EDA Board gives final approval at that time, toe gkaU between the EDA and gei#derbuilder, a bindine contract Builders may purchase a 6 -month option on a lot for $1,000, renewable for an additional 6 months for an additional $500. The option provides the builder with exclusive right to purchase the lot and build a house subject to the normal EDA process, requirements and guidelines. As a condition of the option, the builder must list the lot with a to -be -built house on the MLS for the duration of the option. The number of options is limited. No builder may have an option on more than 25% of the Program's lots. BUILDER: (Builder is required to be a Residential Building Contractor licensed by the State of Minnesota.) Name: State License Number: Phone: Address: City /State /Zip: Email: Website: REQUIRED ATTACHMENTS AND ADDITIONAL INFORMATION: Attach one representative example of a house you would plan to build on this lot if your proposal is selected. It does not need to show exactly how it would be placed on the lot, it just needs to show the approximate size, quality and features you would anticipate a new house would have on this lot. A specific house plan would be determined after a proposal is tentatively accepted by the EDA. The EDA will only sell lots to licensed builders who have experience in house construction in Minnesota. Please list the addresses of three houses you have built in Minnesota within the last five years, or attach other evidence of qualification for review by the EDA. House #1: House #2: House #3: PROPOSAL GUIDELINES Please provide the following information regarding the lot(s) intended for purchase: A. Legal Description: The property is legally described as B. Anticipated Timeline for Lot Sales. After a builder submits a qualifying proposal, the timeline is as follows: • EDA meeting #1: EDA rejects or tentatively accepts guildeF ild is proposal. If accepted, gu4dedj i der prepares detailed house plans for EDA public hearing and works_ with prepare proposed Option Agreement or Pur hase and Redevelopment Agreement, • 21 days after EDA meeting #1• Deadline for builder to sign the Purchas & R develoom nt Agreement and oav $2 000 earnest money or sign then f'on Agreement and Pay Option few. • EDA meeting #2 (approximately one month after #1): EDA holds public hearing and considers a resolution authorizing the lot sale, Qytlon Agreement or Purchase Stand Redevelopment Agreement ggg u If approved fees aELn-g-n-refundable. • 60 days after EDA meeting #2 Dea&pedeadlme for 4W4e4:kqIjJld& to close on the lot purchase. C. Deadline for Completion. Construction of the new house must be completed within one year of EDA °'eetsas;zM of to in (see above) D. Specifications. 1. Grading & Drainage a) The lot is generally b) Drainage from the house, garage, driveway and any other structures shall be accommodated on the site so that water flow onto adjacent properties is minimized. Builder's final grade shall carry water primarily to the street. If determined by the Building Official to be necessary, guiideFbuil er will install rain gutters to direct roof runoff to minimize impacts on adjacent properties. Builders will restore any disturbed turf or landscaping. c) Builder will follow Best Management Practices to minimize erosion and runoff onto adjacent properties and public ways. At a minimum, gu4defbMj,Ir will install silt fencing or wattle lots to prevent runoff silt from flowing ono the street or adjacent properties. 2. Utilities a) Utility meters shall be reasonably screened from street view; locations must be specified on the plans submitted with the building permit application. b) All utility service lines shall be underground. Utilities may locate necessary facilities such as pedestals or boxes in the street right -of -way or utility & drainage easements. c) Any expenses for connection of the house to utilities shall be the responsibility of 43u4derb it r including any necessary landscaping or sidewalk, curb or pavement work, but excepting reasonable costs associated with sewer stub replacement discussed in e) below d) Municipal Water. Municipal water is available at the lot line along There are no WAC charges. e) Municipal Sanitary Sewer. There are There are not SAC charges levied by Metropolitan Council Environmental Services. f) Private Utilities, including natural gas( ), electricity ( ), telephone ( ), and cable television ( ). The house shall access private utilities via underground connections only. * *Describe where utilities are located * ** g) Questions regarding city utilities should be directed to Columbia Heights Public Works Department at 763 - 706 -3700. Questions regarding private utilities should be directed to the respective utility company. 3. Driveways and Curb Cuts a) A hard surfaced driveway is required to provide access from the street or alley to the new house's garage. b) The driveway approach (the area between the street and the front lot line) must tie into and match the existing curb cut. c) Alternatively- 944deF uil r may install a wider curb cut, up to a maximum of 22 feet, at its own expense, (Aa separate permit and escrow are required.. -)_ Unused curb cut and driveway apron shall be removed and replaced with full height curb and gutter and turf. d) In no circumstances shall the curb cut or driveway approach from the curb cut to the lot line exceed 22 feet in width. e) Once onto the subject property, the driveway may exceed 22 feet in width provided it also does not exceed the width of the overhead garage doors plus six feet. f) The house's building permit application must include a site plan showing the proposed driveway layout. 4. General Construction Practices. The construction site, neighboring property and adjacent public streets shall be kept free of construction debris at all times, and 43ui4deFbuilder must have a construction dumpster to prevent debris from being scattered or blown around. S. Building Standards. a) Compliance with Columbia Heights City Code. b) Minimum required setbacks for the house are as follows: 25' from the front lot line, 20% of lot depth for the rear lot line and _' from the side lot lines. c) The houses shall have at least three bedrooms and two bathrooms. d) The house shall have a full depth basement, unless the selected design results in a split level /garden level type of basement. At a minimum, basements shall have at least one egress window and a rough in for a future -Y bath. Additional basement windows are desirable. Slab houses and crawlspace houses will not be considered by the EDA. e) Exterior materials (siding, soffit, doors and windows) shall be low maintenance. The use of brick or stucco is encouraged. Fiber cement siding or wood siding with natural resistance to decay are encouraged but they must be property stained or panted. Vinyl or other low maintenance siding materials are generally acceptable and can be made more desirable through the use of shakes and other ornamental design features. f) The house shall have a detached or an attached garage for at least two cars, accessed via a hard surfaced driveway from the street or alley. g) The design should emphasize the front door as the focal point for the front of the house. A large and usable (minimum depth 6 feet) front porch is desired. Garage door dominance in design should be minimized as much as possible. h) Plans should present a balanced and pleasing distribution of wall and window areas from all views. Each exterior wall must have at least one window. i) The new house shall be built with a passive venting system for radon gas reduction. j) The new house shall have Carbon Monoxide alarms in accordance with M.S. 299F.50 k) No equipment such as air - conditioning cooling structures or condensers that generate noise shall be located within a side setback, drainage & utility easement, or 10 feet of living quarters located in a building on adjacent property. 6. Landscaping. The lot shall be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining property. At a minimum the following are required: • Plant one large species canopy shade tree in the front yard, and one large species canopy shade tree in the back yard (if none exist). • Grass or other vegetative cover must be provided to all non -paved outdoor surfaces. Species, size and specific locations of all new trees should be indicated on planting plan. Builder must submit a planting plan to the City for review and approval prior to planting. If 4"&F it er desires to close on the sale of the new house prior to completion and acceptance of the landscaping, the EDA may require that funds be escrowed by the guilderb it er to guarantee that landscaping is completed in a timely manner after closing. TO BE DATED AS OF THE DATE OF FINAL EDA APPROVAL PURCHASE AND REDEVELOPMENT AGREEMENT (Address), Columbia Heights, Minnesota Parties. This Purchase and Redevelopment 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 46m Avenue NE, Columbia Heights, MN (the "Seller "), and a Minnesota corporation, having its principal office at (the "Buyer ") (the "Agreement'). 2. Offer /Acceptance. Buyer offers to purchase and Seller agrees to sell real property in Anoka County, Minnesota, legally described as follows (the "Property"): INSERT LEGAL DESCRIPTION Check here if part or all of the land is Registered (Torrens) ❑ 3. Acceptance Deadline. This offer to purchase, unless accepted sooner, shall be null and void at 4:30 p.m. on 20_ , and in such event all earnest money shall be refunded to Buyer. 4. Price and Terms. The price for the Property is $ ( "Purchase Price ") which Buyer shall pay as follows: earnest money of $2,000 by check, receipt of which is hereby acknowledged by Seller. The balance of the Purchase Price must be paid by certified check or wire transfer on the Date of Closing. The "Date of Closing" shall be no later than 20_. (60 days from date of this Agreement) 5. 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. 6. 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, subject to the 4729742 CL205 -55 conditions subsequent required by Sections 15, 16, and 17 of this Agreement (the "Deed "). Real Estate Taxes and Special Assessments. A. Seller shall pay, at or before closing all real estate taxes due and payable in and prior years. Real estate taxes due and payable in the year of closing shall be pro -rated to Seller and Buyer as of the Date of Closing. B. 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 in the year of closing. 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: Assume payment of the pending special assessment without adjustment to the purchase agreement price of the property; or 2. 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 Declare this agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 8. Closing Costs and Related Items. The Buyer will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; (c) the recording fees for this Agreement and for the Deed transferring title to Buyer. Seller will pay all other fees normally paid by sellers, including (a) any transfer taxes, and Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement, and (b) fees and charges related to the filing of any instrument required to make title marketable. Each party shall pay its own attorney fees. 9. 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. 10. Condition of Property. Buyer acknowledges 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 472974v2 CL205 -55 the Seller, in which case the agreement shall be null and void. Seller makes no warranties as to the condition of the Property. 11. Marketability of Title. As soon as reasonably possible after execution of this Agreement by both parties: (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the property, if in Seller's possession or control, to Buyer or to Buyer's designated title service provider; and (b) Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have 20 days from the date it receives such title evidence to raise any objections to title it may have. Objections not made within such time will be deemed waived. The Seller shall have 90 days from the date of such objection to affect a cure; provided, however, that Seller shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer may then elect to close notwithstanding the uncured objections or declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder. 12. 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 upon provision of 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 13. Well Disclosure. Seller's knowledge of wells is as follows: 3 4729742 CL205 -55 ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the Property have not changed since the last previously filed well disclosure certificate. 14. Individual Sewage Treatment System Disclosure. Seller certifies that there is no individual sewage treatment system on or serving the Property. 15. 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." B. The Minimum Improvements shall consist of a new single family dwelling, and shall be constructed substantially in accordance with the Single Family Home Lot Sales Program Guidelines on file at City Hall and the proposal approved by Seller on , 20 , attached hereto as Exhibit B. C. Construction of the Minimum Improvements must be substantially completed by , 20_, which is one year from the Date of Closing. Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of Columbia Heights building official. D. 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, in the form attached hereto as Exhibit C, 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 4 4729742 CL205 -55 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. E. The Buyer represents and agrees that until issuance of the Certificate of Completion for the Minimum Improvements: (1) Except for any agreement for 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 for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Buyer to construct the Minimum Improvements or component thereof. (2) If the Buyer seeks to effect a Transfer 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, 5 4729742 C1205 -55 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 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. F. 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. 16. 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 carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially 6 472974v2 CL205 -55 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. 17. 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 7 472974v2 CL205-55 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. 18. Time is of the essence for all provisions of this contract. 19. 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. 20. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. 21. 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. 22. 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 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. 23. 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. 24. 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. 25. No Broker Involved. The Seller and represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and 472974v2 CL205 -55 Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 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. M 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. Notary Public 9 472974v2 CL205 -55 BUYER: 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 200 South 6`s Street Minneapolis, MN 55402 fL17 472974v2 CL205 -55 day of 20_, by a Minnesota Notary Public EXHIBIT A to PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF QUIT CLAIM DEED Deed Tax Due: $ ECRV: 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"): Check here ifpart or all of the land is Registered (Torrens) ❑ 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. 472994v2 CL205 -55 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 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 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 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 15, 16 and 17 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 15F 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. 472974v2 01205 -55 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 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. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and Executive Director, this day of 20 ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: N. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 472974v2 CI205 -55 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) 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 said instrument was signed 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. This instrument was drafted by: Kennedy & Graven, Charted 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 472974v2 CL205 -55 Notary Public Tax Statements should be sent to: EXHIBIT B TO PURCHASE AND REDEVELOPMENT AGREEMENT APPROVED PROPOSAL 472974v2 CL205 -55 EXHIBIT C TO PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF CERTIFICATE OF COMPLETION 472974v2 CL205 -55 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 15A and 15B 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 15F of the Agreement, and in Section 3 of the Deed, remain in full force and effect through the period stated thereon. Dated: , 20 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director 4729702 CL205 -55 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 472974v2 CL205 -55 CH COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEMS ITEM NO. 9 MEETING DATE AUGUST 1, 2016 CITY OF COLUMBIA HEIGHTS — ECONOMIC DEVELOPMENT AUTHORITY ITEM: I Single Family Home Lot Sales Program — Concept Application Approval 4606 Polk Street 7 IDEPARTMENT: Economic Development Authority CITY MANAGER'S APPROVAL: I BY /DATE: Keith M. Dahl, July 26, 2016 I BY /DATE: BACKGROUND: In September, the Columbia Heights Economic Development Authority (EDA) created the Single Family Home Lot Sales Program for conveyance of certain EDA owned lots to state - licensed builders. The program's lot prices are based upon the Estimated Market Land Value for each individual property. However, the EDA has the right to review and adjust lot prices periodically provided that sufficient evidence supports the lots price reduction. The EDA has received a completed proposal form (Attached) from Home Detail, LLC (Home Detail) proposing to purchase the property located at 4606 Polk St. NE for $16,000. The Estimated Market Land Value for this particular property is $45,000. However, in speaking with various home builders, staff received feedback that the lots currently available in the program, which are located in the Heritage Heights neighborhood, are generally lower value than other properties throughout the City of Columbia Heights. Along with a completed application, Home Detail has submitted a proposal (Attached) containing a written letter of intent and one representative example of a house that Home Detail would build on this lot if the proposal is accepted. The house example is not exactly what Home Detail intends to build, but rather an example of the quality and features that will be incorporate into the actual house plans. Staff reached out to City departments and surrounding communities that have previously worked with Home Detail. Home Detail constructed a new single family home in Columbia Heights located at 4631 Pierce Street NE. EDA staff received negative feedback from the Building Inspections Department about two separate issues as follows: On August 28, 2015 a Purchase and Redevelopment Agreement, by and between, the EDA and Home Detail was fully executed for the conveyance of an EDA owned lot located at 4631 Pierce Street NE. The EDA conveyed the property by a Quit Claim Deed to Home Detail on September 10, 2015. Before construction of the Single Family Home began, Home Detail conveyed the property by Warranty Deed to an Owner Occupant on September 28, 2015. Building code stipulates that the owner of the property is responsible for corrections to be made. In this situation, the Building Inspections Department had no enforcement for Home Detail to make required corrections, other than enforcement sent to the Owner Occupant to hold Home Detail accountable. Currently, 4631 Pierce Street has been issued a Temporary Certificate of Occupancy because completion of the Single Family Home has not been completed. Before a Certificate of Occupancy will be issued by the Building Official, erosion controls (ie. landscaping, sodding and silt barrier) must be completed. The Building Inspections Department has sent written orders to Home Detail to complete the erosion controls, however the erosion controls remain unfinished. City of Columbia Heights - EDA Letter City of Columbia Heights - Council Letter Page 2 EDA staff received both positive and negative feedback from surrounding communities. Much of the positive feedback received was the quality of Home Detail's finished interior product, as well as house designs that went above the minimum requirements of different housing programs. However, the negative feedback received by other communities was that exterior improvements (ie. Siding, landscaping, and sodding) either took over a year to complete or have not been completed at all. For EDA's consideration tonight is the concept approval of Home Detail's application for the property located at 4606 Polk Street NE. If the EDA approves the concept approval, EDA staff will work with Home Detail to determine specific house plans and to prepare a Purchase and Redevelopment Agreement for the property to be approved at the next EDA meeting on September 5, 2016. The EDA does not need to hold a public hearing for 4606 Polk Street NE since a public hearing was already held on October 12, 2015 — Resolution 2015 -22. STAFF RECOMMENDATION: Staff recommends that the Columbia Heights Economic Development Authority decided whether or not to approve Home Detail's concept application. RECOMMENDED MOTION(S): If concept application is approved: Motion: Move to approve the concept application submitted by Home Detail for the property located at 4606 Polk Street NE, Columbia Heights, MN 55421. Motion: Move to authorize staff and consultants to work with Home Detail, LLC to determine specific house plans for the construction of a single family home and to prepare a Purchase and Redevelopment Agreement to be considered for final approval by the EDA at its next meeting of September 5, 2016. If concept application is rejected: Motion: Move to reject the concept application submitted by Home Detail for the property located at 4606 Polk Street NE, Columbia Heights, MN 55421. ATTACHMENTS: 1. Completed Proposal Form (2 Pages) 2. Home Detail — Letter of Intent (1 Page) 3. Example House Plan (4 Pages) PROPOSAL FORM (Please detach and submit the this section and submit it to the Community Development Department) l PROPERTY ADDRESS: 460I0 C'IIL S4', t a4LV,1)t ("I)'_-'S A, IN CHECK ONE: i �,000�t�SO l .4..`f(ol�U BUILDER OFFERS $TO PURCHASE THIS LOT��((s _ BUILDER OFFERS $1,000 FOR A SIX -MONTH OPTION TO PURCHASE THIS LOT FOR $ This proposal is not purchase agreement or other bi ndi ng contract. At this time, the Builder is submittinga proposal topurchasethis lot and builda new si nglefa mi ly house in a ccorda ncewith the RFP Guidel i nes, or is requesting a six -month option for the same. If a builder's proposal is tentatively accepted by the EDA Board, then EDA staff would work with the Builder to determine the specific house plan and present it at the next EDA meeting. If the EDA Board gives final approval at that time, the Builder has 14 days to sign a Purchase & Redevelopment Agreement, and provide $2,000 earnest money for the lot. Only after such Agreement is signed and earnest money paidwoulda binding contract exist between the EDA and Builder. Builders may purchasea 6 -month option on a lot for $1,000, renewable for an additional months for an additional $500. The option provides the builder with exclusive rightto purchasethe lotand build housesubject to the normal EDA process, requirements and guidelines.As a condition of the option, the builder must listthe lot with ato -be -built house on the MLS forthe duration of the option. The number of options is limited. No builder may have option on more than 25% of the Program's lots. BUILDER: (Builder is required to be a Residential Building Contractor licensed by the State of Minnesota.) l Name: / �(x7�( p��U / State License �Number: k 3 3 Phone:;; I 5 1 rn- rI - U�N ��3 _ Address: I �Ufl - I Iy 1 r�'� 1JE City /State/Zip: � t'Kj -\ 5 ttII�� Email: "y{}FtlY -k � h`t,tuw) Website:': REQUIRED ATTACHMENTS ANDADDITIONAL INFORMATION: Attach one representative example of a house you would plan to buildon this lotif your proposal is selected. It does not need to showexactlyhow itwould be placed on the lot, itjustneeds to show the approximate size, quality and features you would anticipate anew house would have on this lot. A specific houseplan would be determined after a proposal is tentatively accepted by the EDA The EDA will onlysell lots to builders who have experience in house construction in Minnesota. Please list the addresses of three houses you have built in Minnesota within the lastfive years, or attach other evidence of qualification for review by the EDA. House House House PROPOSAL GUIDELINES Please provide the following information regarding the lot(s) intended for purchase: A. Legal Description: The property is I ega I I y described as B. Anticipated Timeline for Lot Sales. After a builder submits a qualifying proposal, thetimeline is as follows: • EDA meeting #1: EDA rejects or tentatively accepts Builder's proposal. If accepted, Builder prepares detailed houseplans for EDA public hearing. • EDA meeting #2 (approximately one month after #1): EDA holds public hearingand considers a resolution a uthori zi ng the lot sale. • 14 days after EDA meeting #2: Deadlinefor Builder to sign the Purchase &Redevelopment Agreement and pay $2,000 nonrefundable earnest money. • 60 days after EDA meeting #2 Deadlinefor Builder to closeon the lot purchase. C. Deadline for Completion. Construction of the new house must be completed within one year of EDA meeting #2 (see above) D. Specifications. 1. Grading & Drainage a) The lotis generally U R 11� �l�T(� \( n{��'��, in �(f�,C•" b) Drainagefrom the house, garage, driveway and any otH6r structures shall be accommodated on the sitesothat water flow onto adjacent properties is mi ni mized. Bui Ider's final gradeshall carry water primarily to the street. If determined by the Building Official to be necessa ry, Builder will install rain gutters to di rect roof runoff to mini mize 1 mpacts on adjacent properties. Bui Iders wi II restore a ny disturbed turf or landscaping. c) Builder will follow Best Management Practi ces to minimize erosion and runoff onto adjacent properties and public ways. At a minimum, Builder will install siltfencing or wattle lots to prevent runoff siltfromflowingono the street or adjacent properti es. 2. Utilities a) Utility meters shall be reasonably screened from street view•, locations must be specifiedonthe pi a ns s ubmi tted wi th the buIIdingpermitapplication. b) Al I uti I i ty s ervi ce I i n es s ha 11 be underground. Uti I i ti es ma y I ocate necess a ry faci I ities such as pedestals or boxes in the street right -of -way or utility & drainage easements. c) Any expenses for connecti on of the houseto uti I iti es s ha 11 be the res pons i bil ity of Builder, includingany necessary I a ndsca pi ng or s i dewa I k, curb or pavement work, but excepting reasonablecosts associated with sewer stub replacement discussed in e) below f d) Municipal Water. Municipal water is ava ilableatthe lotline along O( IL i. There are no WAC charges. e) Municipa I Sanitary Sewer. There are There are not SAC charges levied by Metropolitan Council Environmental Services. Home Detail, Inc. 1009 11811, Avenue NE Blaine, MN. 55434 612 - 599 -4463 MvHomeDetai]Pme com www.MyHomeDetail.com July 21, 2016 City of Columbia Heights Economic Development Authority 590 401h Avenue NE Columbia Heights, MN. 55421 Dear Mr. Dahl: We welcome the opportunity to submit a proposal to purchase 4606 Polk Street, Columbia Heights. We are prepared to move quickly on the transaction and believe we are well suited to do so. This letter of intent summarizes our offer to purchase. Our offer of $16,000 is based on the amount Tollberg Homes paid for the lot at 4606 Polk Street, which to our knowledge was $22,000. Our understanding is that 4600 Polk Street required $6,000 of soil corrections and 4618 required $15,000 of soil corrections. Based on these numbers and what appears to be a vein of bad dirt running between these lots, we feel that soil corrections on 4606 Polk Street will be in the neighborhood of $10,000, which in reality would mean we should be looking at $12,000 for the lot. We feel $16,000 is a generous offer for the lot. It is our understanding that the sewer and water is at the property line. If not, our offer would be $10,000 for the lot. The lower offer would help make up for the cost involved with street excavation, repairs, and hook up to main sewer and water lines. The home we plan on building has an estimated value of $280,000. Thank you for your consideration, we look forward to hearing from you Sincerely, Luke Magdik Home Detail 612.599.4463 u I :;)NJ '11VAQ 3WOH 9NI1f VtlO N91C3a ltlHllL'J3L HJtltl 'lO lAIY ¢ i 6 ■Kpk e[t ■� i>I Qa p gill Z$ O uj W Q$ yy■5 BS $ I , n i>I Qa p gill Z$ O uj W Q$ yy■5 BS $ `.]Nl*Nol aCl OIVYOJ3LH7yb 8 I I ^All ��l�.ffy�Q =J IO� o"l'l 'N..v 43WOH HDiiI ON YY.L lJ NJV y '.1v 111G � N 3` } J d F Q LL 4 its saii+wa 6 Nmsao �varu.>sLa�av �-�7 •NF11S3Q 3WOH HDiflg _ - � Cfi •u aac i ,f z3 Q a O LL � •ra if .rf ,rf i�K .tt iJY P f � p P II ff .f-.a .r.o .r.f � A•. ss .hf .f � all ?��� 131=