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ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE MEETING OF
JUNE 4, 2018
The meeting was called to order at 6:00 pm by President, Marlaine Szurek.
Members Present: Murzyn, Schmitt, Novitsky, Herringer, and Szurek. Williams arrived at 6:10 and
Buesgens arrived at 6:20 pm.
Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, Akua Opoku, and Shelley Hanson
PLEDGE OF ALLEGIANCE- RECITED
CONSENT AGENDA
1. Approve minutes of May 7, 2018.
2. Approve Financial Report & Payment of Bills for April, 2018–Resolution 2018-08
Questions from Members:
There were no questions.
Motion by Schmitt, seconded by Novitsky, to approve the Minutes of May 7, 2018, and the
Financial Report and Payment of Bills for April, 2018 as presented. All ayes. MOTION
PASSED.
RESOLUTIONNO.2018-08
AResolution of theEconomic Development Authorityof Columbia Heights, Minnesota, Approving the
Financial Statements for the Month of April 2018 and the Payment of the Bills for the Month of April
2018.
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 resolutionand enter the resolution in its records; and
WHEREAS,the financial statement for the month of April 2018 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
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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 RESOLVEDby 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 RESOLVEDthe financial statements are acknowledged and received and the check historyas
presented in writing is approved for payment out of proper funds; and
BE IT FURTHER RESOLVEDthis resolution is made a part of the permanent records of the Columbia Heights
Economic Development Authority.
ORDER OFECONOMIC DEVELOPMENT AUTHORITY
Passed this __4th____ dayof ___June_____, 2018
Offered by: Schmitt
Seconded by: Novitsky
Roll Call: All ayes
BUSINESS ITEMS
1. First Amendment to Contract for Private Redevelopment-Resolution 2018-09
Dahl explained that on October 24, 2016, the Columbia Heights Economic Development Authority (the “EDA”)
approved Resolution 2016-30, a resolution which effectively approved the Contract for Private Redevelopment by
and between the EDA and Hy-Vee, Inc. (the “TIF Contract”). Pursuant to the TIF Contract, and subject to
unavoidable delays, Hy-Vee was supposed to commence construction of the minimum improvements by June 1,
2018. Since Hy-Vee was unable to satisfy this provision of the TIF Contract, and because they still fully intend to
renovate the Central Valu Center into a new grocery store, Hy-Vee has requested an extension to the dates of
commencement and completion. Therefore, please find attached a First Amendment to the TIF Contract which
extends the commencement and completion dates of construction to January 31, 2019 and February 28, 2020
respectively.
Dahl told members that Hy-Vee’s original stores were all sized between 110,000 sf to 125,000 sf. He said they have
since modified their design to construct some of the proposed new stores between 75,000 – 90,000 sf. Ours will
be one of those stores. Dahl said the major change in the downsizing of this store will be removing the clothing
section and to change from the full service restaurant to a Wahlburger’s restaurant. Dahl explained that the site
plan approvals for both sites have lapsed and they are submitting new plans for both the Convenience Store/gas
thrd
station/Starbucks parcel at 47 and Central, and the remodeling for the Hy-Vee store at 43 and Central for the
st
July meetings. They hope to start construction by October 1.
Staff recommends approval of Resolution 2018-09 as presented.
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Questions/comments from members:
th
Herringer asked if the Convenience store would take the whole parcel at 47 and Central. Dahl said no-the
convenience store and a walk in Starbucks will be located on the south piece and hopefully a separate restaurant
type business will go on the north piece which is owned by a separate party.
Szurek asked about the leases still in place at the mall property. Dahl explained that Hy-Vee would like the entire
building but Ace Hardware and Dollar Tree had recently renewed their leases (15 years/12 years respectively), and
Meineke is operating on a month to month basis.
Schmitt asked how approving the First Amendment would extend the dates of construction and how it would
affect the TIF District time frame. Hogeboom stated that Hy-Vee wanted the date of construction extended out to
June 1, 2019, but staff held firm to a January 3, 2019 start date. He said the 12 year time frame for the TIF District
gets pushed back per the date of completion.
Motion by Schmitt, seconded by Murzyn, to waive the reading of Resolution 2018-09, there being ample copies
available to the public. All ayes. MOTION PASSED.
Motion by Schmitt, seconded by Murzyn, to adopt Resolution 2018-09, a resolution approving a First Amendment to
Contract for Private Redevelopment between the Columbia Heights Economic Development Authority and Hy-Vee,
Inc. All ayes. MOTION PASSED.
FIRST AMENDMENT TO
CONTRACT FOR PRIVATE REDEVELOPMENT
THIS AGREEMENT, made as of the __ day of ____________, 2018, by and between COLUMBIA HEIGHTS
ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the “Authority”), established pursuant
to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the “Act”) and HY-VEE, INC., an
Iowa corporation (the “Redeveloper”).
WITNESSETH:
WHEREAS, the Authority and Redeveloper entered into that certain Contract for Private Redevelopment
dated as of October 24, 2016 (the “Contract”), providing for redevelopment of certain property (the
“Redevelopment Property”) located in the City of Columbia Heights (the “City”); and
WHEREAS, the Redeveloper has requested and the Authority has agreed to amend the Contract to allow for
an extension of the dates of commencement and completion of construction of the Minimum Improvements as
further described herein;
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:
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1. Amendment of Section 4.3(a) of the Contract. The first two sentences of Section 4.3(a) of the
Contract are amended as follows:
(a) Subject to Unavoidable Delays, the Redeveloper shall commence construction of the Minimum
Improvements by January 31, 2019. Subject to Unavoidable Delays, the Redeveloper shall complete the
construction of the Minimum Improvements by February 28, 2020.
2. Except as amended by this Amendment, the Contract shall remain in full force and effect. In
accordance with Section 3.5 of the Contract, upon execution of this Amendment, 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, to the extent that any funds deposited in escrow to pay Administrative Costs are not sufficient
for their payment.
IN WITNESS WHEREOF, the Authority has caused this Amendment to be duly executed in its name and
behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Amendment to be duly
executed in its name and behalf on or 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 _________________, 2018, by
Marlaine Szurek and Walter R. Fehst, the President and Executive Director of the Columbia Heights Economic
Development Authority, a public body politic and corporate, on behalf of the Authority.
Notary Public
HY-VEE, INC., an Iowa Corporation
By
Jeffrey Markey, Senior Vice President
By _______________________________________
Nathan Allen, Assistant Secretary
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STATE OF IOWA)
) SS.
COUNTY OF POLK )
The foregoing instrument was acknowledged before me this _____ day of __________, 2018, by Jeffrey
Markey and Nathan Allen, the Senior Vice President and Assistant Secretary, respectively, of Hy-Vee, Inc., an Iowa
corporation, on behalf of the corporation.
___________________________
Notary Public
RESOLUTION NO. 2018-09
RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND HY-VEE, INC.
BE IT RESOLVED BY the Board of Commissioners ("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 Hy-Vee 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 and Hy-Vee, Inc. (the “Redeveloper”) entered into that certain Contract for Private
Redevelopment dated as of October 24, 2016 (the “Contract”), 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”).
1.03. Due to an expected delay in commencement of construction of the Minimum Improvements, the
parties have negotiated and propose to execute a First Amendment to the Contract (the “First Amendment”) to
revise the required construction schedule of the Minimum Improvements resulting from said delay.
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.
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2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent
of this resolution.
ORDER OF ECONOMIC DEVELOPMENT AUTHORITY
Passed this 4th day of June, 2018
Offered by: Schmitt
Seconded by: Murzyn
Roll Call: All ayes
President
Attest:
Assistant Secretary
2. Façade Improvement Grant Program
Dahl reminded members that on February 5, 2018, the Columbia Heights Economic Development Authority (the
“EDA”) directed staff to collaborate with the Columbia Heights Police Department (the “CHPD”) to develop a grant
program to encourage the revitalization, rehabilitation, and restoration of exterior facades, but also to increase the
presence of security throughout the Central Avenue NE commercial corridor in the City of Columbia Heights (the
“City”).
On April 2, 2018, the EDA Commissioners discussed and reviewed the initial draft documents of the Façade
Improvement Grant Program (the “Grant Program”), specifically the guidelines, the sources & uses statement, as
well as a crime overlay map which delineated where the crime incident rate was more prevalent along Central
Avenue NE. Following the meeting staff continued to work with the CHPD, but also engaged the services of Barna,
Guzy & Steffen, Ltd. to draft the necessary agreements for the Grant Program.
Therefore, for further discussion and review, but ultimately approval consideration tonight is the Grant Program.
Staff seeks direction from the EDA for the approval of the Grant Program, but also the appropriation of $50,000
annually from Fund 408 – EDA Redevelopment Project Fund to implement the Grant Program.
Staff recommends approval of the Façade Improvement Grant Program and appropriation of $50,000 annually
from Fund 408 – EDA Redevelopment Project Fund for economic redevelopment expenditures in connection to the
Façade Improvement Grant Program.
Dahl stated that all the documents were included in the agenda packets for the commissioner’s to review as well as
in these minutes which included: the Façade Improvement Grant Program Guidelines, The Sources and Uses
Statement, The Façade Improvement Grant Program Agreement, and the Agreement and Grant of License.
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Questions/comments
Dahl told members that the equipment would be paid for and owned by the EDA and that Police would be able to
access and view tapes as needed. He explained that not everyone would be eligible to be part of this program,
only those in specific areas where crime rates are higher. He estimates the expenses at $446,000 to cover facade
thth
and surveillance equipment between 37 Avenue and 45 Ave along Central Avenue. Dahl suggests allocating
$50,000 per year which could potentially fund 6-8 projects per year. He estimates this may be a 10 year project.
Schmitt asked if alley entrances would be covered by cameras as some of them had access from front and rear.
Dahl said he would have to check to see how many businesses this may impact and if the Police had a
recommendation about the need. She also asked what “a business in good standing” meant? Dahl said it meant
loans would not be given to businesses that were behind in taxes, or had delinquent utility bills, or any other
outstanding bills with the City.
Murzyn asked if businesses could put cameras in if not in the target area. Dahl said businesses are free to install
their own security systems and cameras at their expense any time.
Herringer wanted to know if the Police Dept would have to hire more officers to monitor these cameras. Dahl said
it should take very minimal police time and that their Information Specialist would be the one monitoring the
cameras and most of it would be done digitally and through computers.
Buesgens thought this is a good program.
Motion by Murzyn, seconded by Novitsky, to approve the Façade Improvement Grant Program, and authorize the
appropriation of certain funds from Fund 408 – EDA Redevelopment Project Fund for economic redevelopment
expenditures in connection to the Façade Improvement Grant Program. Roll Call: ayes-Murzyn, Schmitt, Buesgens,
Novitsky, Williams, and Szurek. Abstain-Herringer MOTION PASSED.
FAÇADE IMPROVEMENT GRANT PROGRAM GUIDELINES
PROGRAM DESCRIPTION
In a collaborative effort with the Columbia Heights Police Department (the “CHPD”), the Columbia Heights
Economic Development Authority (the “EDA”) offers a Façade Improvement Grant Program (the “Grant Program”).
The purpose of the Grant Program is to encourage businesses and commercial property owners within the Central
Business District to revitalize, rehabilitate, and restore exterior store fronts, but also for the CHPD to provide
monitored surveillance along Central Avenue NE to reduce the incident rate of criminal activity, as well as increase
business vitality and economic performance. The Grant Program reimburses businesses or commercial property
owners for eligible improvements up to fifty percent (50%) of the total project cost; for a maximum reimbursement
of $5,000. Moreover, if determined by the CHPD that an exterior surveillance system is warranted, the EDA will
install surveillance equipment to monitor adjacent businesses and properties, as well as parks and open spaces.
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ELIGIBLE APPLICANTS
Applicants must be an owner of a commercial property, a commercial tenant with approval from the property
owner(s), or a 501(c)(3) organization in the City of Columbia Heights (the “City”) located along Central Avenue NE
between 37th and 45th Avenue NE. Applicants must be in good standing with the City, including but not limited to,
legally operating with proper licensure; and current on property taxes, utility bills, and special assessments.
ELIGIBLE FAÇADE IMPROVEMENTS
Façade improvements must be visible from a public street, completed by a licensed contractor, and comply with
one or more of the following eligible façade improvements:
Architectural Improvements
Canopy or Awning Installation or Repair
Exterior lighting
Exterior Painting, Re-siding, or Professional Cleaning
Green Façade Improvement (i.e. Living Wall, ecofriendly [non-VOC] paint, reclaimed wood, etc.)
Installation of New or Renovated Attached Signage (Excluding LED)
Masonry Repairs or Tuckpointing
Replacement of Windows and Doors
Restoration of Exterior Finishes and Materials
Any other exterior façade improvement physically attached to the primary structure as approved by the
EDA
Please note: Labor costs of a contractor, including necessary design work are eligible costs for reimbursement
through the Grant Program. Ineligible costs include, but are not limited to, new construction, interior renovations,
repair or replacement of a roof, improvements to an alley façade, improvements started prior to receiving a signed
grant agreement from the EDA, and any other improvement not listed above.
EXTERIOR SURVEILLANCE SYSTEM IMPROVEMENTS
The CHPD shall review all Grant Program applications submitted to determine if the installation of an exterior
surveillance system is warranted. If it is determined that an exterior surveillance system is warranted, the applicant
will then be required to enter into a Lease Agreement with the EDA. The Lease Agreement will allow the EDA to (1)
install security cameras on the exterior of the primary structure; (2) install recording equipment inside of the
primary structure in a locked and secured location to prevent destruction or tampering; and (3) allow for annual
maintenance inspections for a period of five (5) years. All surveillance system equipment shall be installed by a
consultant selected by the EDA, and reviewed by the CHPD. Since specifications of the surveillance system
equipment may vary based on desired coverage, configuration, and size of the commercial property, the following
are minimum specifications to be installed:
Cameras:
IP - Enabled
Ability to operate in all resolutions up to HDTV 720p/ 1MP
Ability to record thirty (30) frames per second
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Capable of recording optimal images in all lighting conditions
Vandal-resistant
Weather-proof in extreme temperatures from -40° to 131 °F
Network Video Recorder:
Sufficient memory to retain data from all cameras for a period of fifteen (15) days
Capacity to deliver thirty (30) frames per second, per camera
Ability to produce a DVD-R copy of desired data
APPLICATION PROCESS
1.Applications will be open on [DATE HERE 2018]
2.Applications will be accepted from October 29, 2018 to December 21, 2018.
3.Grants will be awarded, and applicants will be notified by February 4, 2019 via email correspondence. A
Grant Agreement and if necessary a Lease Agreement for the exterior surveillance system must be
approved and signed before commencement of any improvements. Please be sure to obtain all necessary
Building Permits.
4.Upon being awarded, a meeting will be established to go over the submitted improvement plan to discuss
grant expectations and to address grant concerns.
5.The grant recipient or its contractor must commence the improvements sixty (60) days after an approved
Grant Agreement. The façade improvements must be completed within six (6) months after the issuance of
the necessary Building Permits.
6.After façade improvements are complete, the grant funds will be disbursed for reimbursement to the
applicant after all of the following pieces of information have been submitted:
a.Proof of Final Inspection by the Building Official
b.A Copy of the Final Invoice Received from the Contractor
c.Before and After Photographs
d.Proof of Payment to the Contractor (i.e. receipt, invoice, etc.)
ADDITIONAL INFORMATION
REQUIRED APPLICATION MATERIALS
A complete application
Clear and colored BEFORE photographs of exterior building
A detailed improvement plan of new exterior façade improvements including design (sketches), color
scheme, materials, project execution timeline, and overall budget for plan
Proof of good standing with the City
Submit 1 or 2 competitive proposal from licensed and bonded contractors. These proposals should give
detailed information about the work to be done, the costs, and the project completion schedule. Any
contractor that has submitted a competitive detailed estimate may be used. Contractors cannot be changed
unless new proposals have been submitted and approved by the Façade Grant Committee. ***
Owners and merchants may also perform work on their own buildings; however, they will not be
reimbursed for time while acting as contractor and/or installing material. Material costs and labor of
employees are reimbursable; however, documentation must be produced for the number of hours worked
on the project by the employees, the rate of pay of the employees’ social security numbers etc. ***
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FAÇADE IMPROVEMENT GRANT PROGRAM – PROPOSED BUDGET OVERVIEW
USES STATEMENT
The Columbia Heights Economic Development Authority (the “EDA”) has identified a need to encourage the
revitalization, rehabilitation, and restoration of exterior facades throughout the Central Avenue NE commercial
corridor in the City of Columbia Heights (the “City”), but also an increased need to protect the vitality and
economic performance of businesses with the installation of exterior surveillance systems. Between 2015 and
2017, the Columbia Heights Police Department responded and investigated 955 crimes along Central Avenue NE,
including but not limited to arson, assault, burglary, fraud, robbery, shoplifting, theft, and vandalism. Therefore, in
an effort to reduce the crime incident rate along Central Avenue NE and improve business vitality, the EDA desires
to offer a façade improvement grant program in exchange for the City to install an exterior surveillance system on
the exterior of the respective business. As of March 16, 2018, the total project cost has been estimated to be
$446,145. This estimate was based on commercial properties between 37th Avenue NE and 45th Avenue NE (the
“Project Scope”), but more specifically where the crime incident rate was the highest. Please note that the
proposed budget is subject to change based on several dependent and independent variables. Thus, the total
project cost should be reevaluated annually to account for any substantive changes. The following table below
provides a detailed use breakdown of the anticipated expenses for project completion:
USES EXPENSES
I.Façade Improvement $ 350,000.00
II.Equipment Costs $70,500.00
III.Design/ Install $18,000.00
IV.Legal Drafting Fees $ 5,275.00
V.Lease Agreement $ 300.00
VI.Recording of Lease $2,070.00
TOTAL USE FUNDS: $ 446,145.00
Façade Improvement – these expenses account for the total amount of eligible commercial properties in
the Project Scope receiving the maximum reimbursement for the respective exterior façade improvements.
Equipment Costs – these expenses include the cost of exterior surveillance systems at identified commercial
properties in the Project Scope, such as the Network Video Reordering (NVR) device; and the amount of
necessary high-performance cameras to be installed for increased security at adjacent businesses and
public space.
Design/ Install – these expenses include the design and installation of the exterior surveillance system for
the respective grantee, and are estimated based on a standard design and install.
Legal Drafting Fees – these expenses are incurred by the representation of Barna, Guzy & Steffen (BGS) as
the legal agent with drafting and preparation of a Grant Agreement, and if necessary a Lease Agreement.
Lease Agreement – in order for a lease agreement to be legally valid, there needs to be an offer,
acceptance, and consideration. Therefore, the EDA shall, at a minimum, provide the grantee with
consideration in the amount of $1.00.
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Recording of Deeds – this expense include the costs of recording the Lease Agreements, and are estimated
based on the 2018 fee schedule released by Anoka County.
SOURCES STATEMENT
The aforementioned expenses in connection with the Commercial Revitalization Project will be paid through the
EDA Redevelopment Project Fund 408. Each source fund has its own specific purpose for expenses realized
throughout the term length of the project. The EDA Redevelopment Project Fund 408 will fund the majority of
expenses related to property acquisition and cost contingences, as well as all expenses realized for title insurance,
legal closing costs, recording of deeds, and broker compensation. When and if project expenses exceed the
remaining balance of a source fund, the Capital Improvement - Development Fund 420 will provide an interfund
loan to the respective source fund. The following table provides a breakdown of the amount of funds that will be
used from its respective source for project completion:
SOURCES TOTAL BALANCE
I.EDA Redevelopment Project Fund 408 $ 446,145.00
TOTAL SOURCE FUNDS: $ 446,145.00
FAÇADE IMPROVEMENT GRANT AGREEMENT
THIS FAÇADE IMPROVEMENT GRANT AGREEMENT (“Agreement”), dated this _____ day of
______________, 2018 (the “Effective Date”), is entered into by and between [PROPERTY OWNER] a Minnesota
[ENTITY TYPE] (the “Grantee”), and the Columbia Heights Economic Development Authority (the “EDA”).
RECITALS
WHEREAS, Grantee is [the owner of] [a tenant at] certain Property located at __________________ in the
City of Columbia Heights (the “City”), Anoka County, Minnesota, and legally described in Exhibit A hereto (the
“Property”);
WHEREAS, the EDA, in cooperation with the City and its police department, has instituted a Façade
Improvement Grant Program (the “Program”) for the purpose of revitalizing existing store fronts, increasing
business vitality and economic performance, and decreasing criminal activity;
WHEREAS, as part of the Program, the EDA has proposed to make grants of money in the maximum amount
of $5,000.00 per parcel of real property, to property owners, tenants, or nonprofit organizations, in order to
revitalize, rehabilitate, and restore exterior store fronts within the Central Business District in the City (the “CBD”),
increase business vitality and economic performance in the CBD, and in certain instances, to provide monitored
surveillance within the CBD; and
WHEREAS, Grantee desires to participate in the Program, on the terms and conditions set forth below.
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NOW, THEREFORE, in consideration of the premises and of the agreements hereinafter contained, the
parties agree as follows:
1.Property Improvements: Grantee agrees to complete the improvements at the Property that are
identified on Exhibit B attached hereto (the “Improvements”), subject to the following terms and
conditions:
a.If requested by the EDA, Grantee shall provide plans and specifications to the EDA, detailing the
Improvements to be constructed (the “Plans”). If Grantee wishes to revise the Plans, Grantee
must submit the revised Plans to the EDA at the address provided herein. The EDA shall give
written notice of its approval or disapproval of the revisions to the Plans, and if the EDA does not
give such written approval or disapproval within ten (10) business days after receipt of Grantee’s
revised Plans, the EDA shall be deemed to have approved the revisions to the Plans.
b.The Improvement shall be constructed consistently with the Plans, as the same may be revised
pursuant to Section 1(a) herein. The cost to complete construction of the Improvements shall be
defined as the “Improvement Costs.” The Improvements shall be completed in a first-class
manner, consistent with the Plans, if any, and in compliance with all applicable laws, rules, and
regulations. Grantee shall obtain all required permits and approvals from the City and any other
governing authority with jurisdiction over the Property related to the construction of the
Improvements. The out-of-pocket costs for such permitting and approvals shall be the
responsibility of Grantee, provided the same shall be included in the definition of “Improvement
Costs,” and subject to the provisions of Section 2 of this Agreement.
c.Grantee agrees to commence the Improvements within sixty (60) days following the Effective
Date, and to complete the Improvements within six (6) months following the issuance of all
necessary building permits, but in no event later than eight (8) months following the Effective
Date.
2.Payment of Grant Funds: Grantee shall be responsible for making initial payment to all contractors
involved in the construction of the Improvements. Upon final completion of the Improvements,
Grantee shall make a written request to the EDA for reimbursement of one-half (1/2) of the actual
Improvement Costs incurred by Grantee, but in no event shall the reimbursement exceed Five Thousand
Dollars ($5,000.00). The written request shall include:
a.Proof of final inspection of the Improvements by the City building inspector;
b.Before and after photographs of the Property, reflecting the Improvements made (as well as
follow-up transmission of electronic files of such photographs), and reflecting that the
Improvements were completed consistently with any approved Plans;
c.A copy of the final invoice(s) received from the contractor(s) who completed the Improvements;
and
d.Proof of payment of invoice(s) that comprised the Improvement Costs.
Following Grantee’s written request for reimbursement, Grantee shall cooperate with the EDA in
delivering to the EDA such follow-up information as is reasonably requested by the EDA in order to
review the Improvements and Improvement Costs reimbursement request. Within twenty-one (21)
days following receipt of Grantee’s written request for reimbursement of Improvement Costs, the EDA
shall: (i) make payment of the reimbursement, (ii) send Grantee written explanation of such other items
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of information as are needed by the EDA to evaluate the reimbursement request, or (iii) send Grantee
written explanation of the EDA’s reasons for denial of repayment of any of Grantee’s requested
reimbursement.
3.Liability for Improvements: Neither the City nor the EDA shall in any event be liable to the Grantee, nor
to any of its agents, employees, guests or invitees at the Property for, and the Grantee shall indemnify,
save, defend, and hold harmless the City and the EDA from, any claims or causes of action, including
attorney’s fees incurred by the City or the EDA, arising from defect or claimed defect of any of the
Improvements, or arising from any action of the City or the EDA under this Agreement. This section
shall survive the termination or expiration of this Agreement.
4.Written Notice: Wherever any notice is required or permitted hereunder, such notice shall be in
writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to
be delivered when actually received by the designated addressee or regardless of whether actually
received or not, when deposited in the United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the parties hereto at their respective addresses, as set forth below, or
at such other address as they may subsequently specify by written notice.
If to the EDA: If to Grantee:
Columbia Heights EDA ____________________
Community Development Department Attn: ________________
th
590 40 Avenue N.E. ____________________
Columbia Heights, MN 55421 ____________________
5.Captions; Choice of Law; Etc. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement, and are not to be considered in interpreting this
Agreement. This Agreement constitutes the complete agreement between the parties and supersedes
any prior oral or written agreements between the parties regarding the subject matter contained
herein. There are no verbal agreements that change this Agreement. This Agreement binds and
benefits the parties hereto and their successors and assigns. This Agreement has been made under the
laws of the State of Minnesota, and such laws will control its interpretation.
IN WITNESS WHEREOF, Grantee and the EDA have signed this Agreement as of the day and year first above
written.
GRANTEE: [_________________________]
a [_______________________]
By:____________________________
Name: _________________________
Its:____________________________
Date:__________________________
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EDA: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
By:
Name: _________________________
Its:____________________________
Date:__________________________
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B
PROPERTY IMPROVEMENTS SUBJECT TO 50% REIMBURSEMENT
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AGREEMENT AND GRANT OF LICENSE
THIS AGREEMENT AND GRANT OF LICENSE (“Agreement”), dated this _____ day of ______________, 2018
(the “Effective Date”), is entered into by and between [PROPERTY OWNER] a Minnesota [ENTITY TYPE] (the
“Owner”), and the City of Columbia Heights, a Minnesota municipal corporation (the “City”).
RECITALS
WHEREAS, Owner is the owner of certain Property located at ________________ in the City of Columbia
Heights, Anoka County, Minnesota, and legally described in Exhibit A hereto (the “Property”);
WHEREAS, the Columbia Heights Economic Development Authority (the “EDA”), in cooperation with the
City and its police department, has instituted a Façade Improvement Grant Program (the “Program”) for the
purpose of revitalizing existing store fronts, increasing business vitality and economic performance, and decreasing
criminal activity;
WHEREAS, as part of the Program, the City has proposed to place surveillance cameras on the front façade
of certain buildings whose owners have elected to participate in the Program, and in connection with the
placement of such surveillance cameras, house electronic recording equipment on the interior of said buildings
(the “Surveillance”); and
WHEREAS, Owner, or a tenant of the Property, desires to participate in the Program and desires to have the
Property host Surveillance equipment for the improvement of public safety in and around the Property.
NOW, THEREFORE, in consideration of the premises and of the agreements hereinafter contained, the
parties agree as follows:
1.Grant of License: Subject to the terms of this Agreement, Owner hereby grants a license to the City for
ten (10) years, commencing on _______________, 2018, and expiring on _________________, 2028
(the “License Term”), over the area of the façade of the Property described or depicted on Exhibit B
hereto, together with space inside of the building located on the Property (the “Building”) for the
housing of electronic recording equipment, as described or depicted on Exhibit B hereto (collectively,
the “License Area”), for the following purposes:
a.The City shall have the exclusive right subject to the terms of this Agreement to install, operate,
maintain, repair and replace, all as deemed necessary by the City, the Surveillance equipment in
the License Area.
b.Though the City shall have the exclusive right to use the License Area within the Building, the
City shall give the Owner reasonable advance notice before it accesses the License Area inside of
the Building. “Reasonable advance notice” for purposes of this paragraph shall take into account
the facts and circumstances giving rise to the City’s needing to enter the Building to access the
License Area.
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c.The City, and its agents and employees, shall have rights of ingress and egress throughout such
portions of the Property as are reasonably necessary to access the License Area for the purpose
of accessing the Surveillance equipment, subject to the provisions of Section 1(b) above,
regarding interior areas of the Building.
2.License Fee: In consideration of the foregoing, including the Recitals to this Agreement, which are
incorporated herein as an integral part of this Agreement, the City shall pay to Owner a one-time license
fee of Ten Dollars ($10.00) for the license granted hereunder.
3.Maintenance and Repair: Owner shall at all times during the term of this Agreement keep the Property
in commercially reasonable condition and repair, subject to ordinary wear and tear, and not permit
through its own acts or the acts of its agents, employees, or invitees, damage to the Surveillance
equipment or the License Area. Owner shall promptly report to the City any instance of damage to the
Surveillance equipment or the License Area, regardless of causation. Any damage to the Surveillance
equipment or License Area caused by Owner, or its agents, employees, guests or invitees (collectively,
the “Owner Parties”), shall be repaired at the cost and expense of Owner; provided any such repairs
shall be first approved by the City, and at the City’s election, done at the direction of the City.
4.Damage to Property: Any damage to the Surveillance equipment other than that caused by any of the
Owner Parties shall be repaired or replaced, if at all, solely at the discretion of the City and at the cost
and expense of the City, provided, in no event shall the City’s failure or delay to so repair or replace the
Surveillance equipment constitute a waiver by the City of its rights under this Agreement, and the City
shall be permitted to continue or discontinue its use of the License Area for the uses granted hereunder
at any time during the License Term.
5.Utilities, Taxes, Expenses and Special Assessments: Owner shall be solely responsible for all real estate
taxes, special property assessments, and utility expenses for the Property. The City shall be permitted
to connect its Surveillance equipment to an electrical power source at the Property, and such electrical
power shall be provided at the Owner’s expense, it being acknowledged that the Owner is benefiting
from the improved public safety resulting from the Surveillance.
6.Termination of Agreement: This Agreement may not be terminated by the Owner prior to the
expiration of the License Term. The City may terminate this Agreement for any reason or no reason,
upon thirty (30) days written notice to the Owner. Upon the expiration of the License Term or earlier
termination of this Agreement, the City shall remove all of the Surveillance equipment from the License
Area, and shall make all reasonable efforts to cause minimal damage to the Property and License Area
in so removing the Surveillance equipment.
7.Liability for Improvements: The City shall in no event be liable to the Owner, nor to any of Owner’s
agents, employees, guests or invitees at the Property for, and the Owner shall indemnify, save, defend,
and hold harmless the City from, any claims or causes of action, including attorney’s fees incurred by
the City, arising from any action of the City under this Agreement. This section shall survive the
termination or expiration of this Agreement.
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8.Written Notice: Wherever any notice is required or permitted hereunder, such notice shall be in
writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to
be delivered when actually received by the designated addressee or regardless of whether actually
received or not, when deposited in the United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the parties hereto at their respective addresses, as set forth below, or
at such other address as they may subsequently specify by written notice.
If to City: If to Owner:
City of Columbia Heights ____________________
Community Development Department Attn: ________________
th
590 40 Avenue N.E. ____________________
Columbia Heights, MN 55421 ____________________
9.Covenant to Run with Land: This Agreement shall be binding in all respects upon the parties hereto,
their respective successors and assigns, and the Property.
10.Captions; Choice of Law; Etc. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement, and are not to be considered in interpreting this
Agreement. This Agreement constitutes the complete agreement between the parties and supersedes
any prior oral or written agreements between the parties regarding the License granted herein. There
are no verbal agreements that change this Agreement. This Agreement binds and benefits the parties
hereto and their successors and assigns. This Agreement has been made under the laws of the State of
Minnesota, and such laws will control its interpretation.
IN WITNESS WHEREOF, Owner and the City have signed this Agreement as of the day and year first above written.
OWNER: [_________________________]
a [_______________________]
By:____________________________
Name: _________________________
Its:____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2018, by
__________________, the ________________ of _________________, a Minnesota _________________, who
executed the foregoing instrument on behalf of said _________________.
__________________________________
Notary Public
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IN WITNESS WHEREOF, Owner and the City have signed this Agreement as of the day and year first above written.
CITY: CITY OF COLUMBIA HEIGHTS
a Minnesota municipal corporation
By: _________________________
Donna Schmitt, Mayor
By: __________________________
Walter Fehst, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this ___ day of ____________, 2018, by Donna
Schmitt and by Walter Fehst, respectively being the Mayor and City Manager of the City of Columbia Heights, a
Minnesota municipal corporation, who executed the foregoing instrument on behalf of said municipal corporation.
__________________________________
Notary Public
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B
DEPICTION AND/OR DESCRIPTION OF THE LICENSE AREA
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OTHER BUSINESS:
1. Business Retention & Expansion Discussion
Akua Opoku, intern with the Community Development Dept. since the end of February 2018, introduced herself to
the Commission. She explained that one of her responsibilities is to develop the City’s first Business Retention and
Expansion (BRE) Program. While developing this program she found it critical to better under Columbia Heights
business community directly from the businesses themselves. In order to gain insight from businesses and to better
develop a program that accurately reflects their needs, a business survey was developed for new and older
business to provide their information and experiences to the City. She explained that the survey is designed to
determine the business community’s wants, struggles, needs, and desires in order to be successful within our
community. The following documents were provided to the members:
*The Business Survey Process for the BRE Program for Columbia Heights
*The Short Business Survey
*The Long Business Survey
*The Alternative Survey Return options
*Survey Guidance Script
Business Survey Process
STEP 1: How often should businesses take the survey (long & short)?
New Businesses should take the short survey within 3-6 months of opening in Columbia Heights
o
Older Businesses (1 year or more in Columbia Heights) should take the long survey biannually
o
STEP2: How surveys are distributed?
The Community Development Dept. sends short and long surveys to the Fire Department
o
The Fire Dept. inspects all commercial property annually, generally October through February.
o
Rental licensing and property maintenance inspections the rest of the year.
The Fire Dept. distributes the surveys
o
Process:
Fire Dept. welcomes new business to Columbia Heights and ask the manager or
owner to complete the (long or short) business survey depending on if the business is
new or older
During the building inspection the business survey is being filled out
At the end of the building inspection, the fire fighter collects the survey and leaves
the business card of Keith Dahl from Community Development Dept.
Completed business surveys are then sent to Keith Dahl
STEP3: How surveys are collected?
Process: Applies to Short & Long Surveys
o
Once the surveys are collected by the Fire department at the end of the inspection they are
sent to the Community Development Dept.
The surveys are sent within one week of collection to the Community Development Dept. to
be entered into the computer system in the BRE Program folder
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BUSINESS SURVEY (Short Form)
Purpose: To gain a sense of Columbia Heights business community’s needs and desires
Date:
Business Name:
Select Primary Business Sector:
Agriculture/Forestry/Fishing or Transportation/Warehousing Administration/Support/Waste
Hunting Management/Remediation
Information
Services
Mining
Finance/Insurance
Educational Services
Utilities
Real Estate/Rental and Leasing
Health Care/Social Assistance
Construction
Professional/Scientific/
Arts/Entertainment/Recreation
Technical Services
Manufacturing
Accommodation/Food Services
Wholesale Trade Management of Companies
& Enterprises
Other Services
Retail Trade
Number of Employees:
Part-Time: Full-Time:
Facility (Owned or Leased): (Example: Owned- since Date or Leased-since Dates)
BUSINESS FUTURE
Business Projection: Where do you see you business heading in the coming years, short and long term?
Does this business plan to (Check all that apply):
□ Invest in new facili
Please explain:
Business Management Changes: Has the business’s ownership or top management change in the last year?
Job Growth: In the next year, do you expect the number of jobs at this facility to:
Increase Decrease Stay the same Unsure
BUSINESS SAFETY
What are some of the most pressing public safety/crime related issues that impact your
business?
What can the City of Columbia Heights Police do to address the concerns raised above?
City Advantages: Why is your business in Columbia Heights?
City Challenges: What can the City do to better serve the business community?
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5. Community Strengths/Weaknesses
Based on the following factors, please rate
this community as a place for your Rate 1-5: 1=Poor and 5=Excellent
company to do business:
1 2 3 4 5 N/a
5.1 K-12 education
1 2 3 4 5 N/a
5.2 Higher education
1 2 3 4 5 N/a
5.3 Public transportation
1 2 3 4 5 N/a
5.4 Highway infrastructure
1 2 3 4 5 N/a
5.5 Air service
1 2 3 4 5 N/a
5.6 Telecommunications services
1 2 3 4 5 N/a
5.7 Business assistance
1 2 3 4 5 N/a
5.9 Cultural opportunities
1 2 3 4 5 N/a
5.10 Recreational opportunities
1 2 3 4 5 N/a
5.11 Crime Rate
1 2 3 4 5 N/a
5.12 Proximity to suppliers
1 2 3 4 5 N/a
5.13 Availability of buildings
1 2 3 4 5 N/a
5.14 Availability of land
1 2 3 4 5 N/a
5.15 Availability of housing
1 2 3 4 5 N/a
5.16 Energy reliability
1 2 3 4 5 N/a
5.17 Regulatory enforcement (fair &
1 2 3 4 5 N/a
equitable)
5.18 Energy cost
1 2 3 4 5 N/a
5.19 Local taxes
1 2 3 4 5 N/a
5.20 Cost of buildings
1 2 3 4 5 N/a
5.21 Cost of land
1 2 3 4 5 N/a
5.22 Cost of housing
1 2 3 4 5 N/a
5.23 Labor costs
1 2 3 4 5 N/a
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BUSINESS SURVEY (Long Form)
Purpose: To gain a sense of the business community’s time in Columbia Heights and continued needs
Date:
Business Name:
Select Primary Business Sector:
Agriculture/Forestry/Fishing or Transportation/Warehousing Administration/Support/Waste
Hunting Management/Remediation
Information
Services
Mining
Finance/Insurance
Educational Services
Utilities
Real Estate/Rental and
Health Care/Social Assistance
Leasing
Construction
Arts/Entertainment/Recreation
Manufacturing Professional/Scientific/
Technical Services Accommodation/Food Services
Wholesale Trade
Management of Companies Other Services
Retail Trade
& Enterprises
Number of Employees:
Part-Time: Full-Time:
Wage Range for Employees: (i.e.) $15-$30hr
Types of Positions Available: (i.e.) Manager, Host, Cashier, Assistant, etc.
Facility (Owned or Leased): (Example: Owned- since Date or Leased-since Dates)
BUSINESS TIME IN CITY:
Has your business felt supported by the City since opening your business in Columbia Heights?
Has your business utilized the business resources on the city website? If so which one(s)?
Do you think the City needs to provide more resources for businesses? If so what kind of resources?
BUSINESS FUTURE
Business Projection: Where do you see your business heading in the coming years, short and long term?
Does this business plan to (Check all that apply):
□ Invest in new facili
Please explain:
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Business Management Changes: Has the business’s ownership or top management change in the last year?
Job Growth: In the next year, do you expect the number of jobs at this facility to:
Increase Decrease Stay the same Unsure
BUSINESS SAFETY
What are some of the most pressing public safety/crime related issues that impact your
business?
What can the City of Columbia Heights Police do to address the concerns raised above?
Does your business have security cameras internally, externally, or both?
City Advantages: Why is your business in Columbia Heights?
City Challenges: What can the City do to better serve the business community?
5. Community Strengths/Weaknesses
Based on the following factors, please rate
this community as a place for your Rate 1-5: 1=Poor and 5=Excellent
company to do business:
1 2 3 4 5 N/a
5.1 K-12 education
1 2 3 4 5 N/a
5.2 Higher education
1 2 3 4 5 N/a
5.3 Public transportation
1 2 3 4 5 N/a
5.4 Highway infrastructure
1 2 3 4 5 N/a
5.5 Air service
1 2 3 4 5 N/a
5.6 Telecommunications services
1 2 3 4 5 N/a
5.7 Business assistance
1 2 3 4 5 N/a
5.8 Sewage treatment
1 2 3 4 5 N/a
5.9 Cultural opportunities
1 2 3 4 5 N/a
5.10 Recreational opportunities
1 2 3 4 5 N/a
5.11 Crime Rate
1 2 3 4 5 N/a
5.12 Proximity to suppliers
1 2 3 4 5 N/a
5.13 Availability of buildings
1 2 3 4 5 N/a
5.14 Availability of land
1 2 3 4 5 N/a
5.15 Availability of housing
1 2 3 4 5 N/a
5.16 Energy reliability
1 2 3 4 5 N/a
5.17 Regulatory enforcement (fair &
equitable)
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5.18 Energy cost
1 2 3 4 5 N/a
5.19 Local taxes
1 2 3 4 5 N/a
5.20 Cost of buildings
1 2 3 4 5 N/a
5.21 Cost of land
1 2 3 4 5 N/a
5.22 Cost of housing
1 2 3 4 5 N/a
5.23 Labor costs
1 2 3 4 5 N/a
Alternative Survey Return Options
1.MAIN OPTION: Give completed survey to Fireman after about 45min inspection is complete
2.Provide an envelope for businesses to mail back completed surveys
a.Concerns:
i.Does the City provide the stamps?
ii.How much are stamps? $0.49 each
1.For the City to pay: 50 business surveys cost $24.50
100 business surveys cost $49.00
200 business surveys cost $98.00
iii.Is this a significant obstacle for businesses sending back surveys?
3.Drop off the completed survey at the Fire Department or Community Development Department
a.Concerns:
i.Can people drop off the survey in the time frame City Hall or Public Safety is open?
1.Possible Solution: Drop off survey in the utility box outside City Hall then the staff in
utilities would direct the surveys to Community Development
Incentive Ideas: What incentive do businesses have to send the survey back?
Give away Columbia Heights gifts that are in storage
The City will be more likely to tailor resources to help that particular business
City can let businesses know of opportunities and resources
Businesses will be flagged as a “non-complete survey” business
A chance to be entered into some type of prize lottery once a survey is submitted to the City
Follow Up Tactics: An effort to obtain a 100% return rate
STEP 1: A red flag will be tagged to the business and recorded with the Fire Dept. & the Community
Development Dept. that the City is waiting for their survey
STEP 2: Within two days of receiving survey the Fire Dept. or Community Dev. will call businesses to remind
them to submit their completed survey to the City and remind them of the benefits of submitting the
survey
Send out a notice to complete the survey
Concern:
o
What’s the cost to send out paper notices?
Who will distribute notices?
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Fire Department Script for Business Survey Distribution & Collection Process
There may be some questions that come up when individuals are completing their surveys. Here are some
potential answers for sections of the survey.
Basic Business Information
This information helps the City gain a sense of what kind of businesses Columbia Heights is
o
attracting
Wages & Positions: To gain a better sense of job opportunities in the City
o
Business Time In City
To gain a sense of what resources business need to succeed
o
Business Future
This will help the City be better able to tailor resources and opportunities to help your business
o
succeed
Business Management Question: This helps the City know who to contact in the future if a resource,
o
opportunity, or concern arises
Business Safety
The City wants to know the business perspective on public safety and crime levels in the Columbia
o
Heights
Surveillance: There is a grant program available through the City called the Façade Improvement
o
Grant Program that’s an opportunity to improve building exterior and get surveillance cameras for
the business. To get more information you can contact the City’s Community Development
Department.
City Advantages
This is to gain a sense of what attracts businesses and help with business recruitment for Columbia
o
Heights.
City Disadvantages
To gain fresh ideas on how to tackle community challenges
o
Community Strength & Weaknesses
For the City to gain a more detailed sense of the community from the residents
o
Questions/Comments
Murzyn asked if the survey was mandatory and how that could be enforced. Akua stated it will be highly
encouraged for them to fill it out as the information provided will help the City develop programs that may help
them succeed. She reviewed some of the possible incentives that were included in the “Survey Return Options”
that could be used to increase the cooperation of the business owners.
Szurek asked if it would go out to all businesses. Akua stated that it would go out to businesses along Central Ave
first and then expand throughout the City. If the Fire Dept. disburses these during their annual inspections, it
would go out according to their scheduled visits.
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Buesgens asked if they would have the option of filling it out on-line. Dahl said that is not an option right now, but
with the new Communications person on board, it may be sometime in the future.
Fehst said businesses already receive a lot of surveys and other routine mail requesting information, so it may be
considered “garbage mail” to some. Small business owners don’t have the time to deal with a lot of these
requests.
Szurek agreed and suggested it be shortened up. She asked if other communities had tried this type of survey.
Akua stated that she obtained information from other cities such as Coon Rapids, Blaine, and Anoka who have
gone through this process. We incorporated some of the same questions into our survey.
Buesgens felt we may get better results if staff would go visit the businesses personally and not do through the Fire
Dept inspection time. She felt the personal contact and a chance to speak with the owners may bring better
results. Buesgens then asked if we have an updated business list yet. Dahl said staff is still working on that.
Fehst asked how long staff thought it would take to get some measureable feedback. Hogeboom thought 1-2
years.
Hogeboom told members that another project the City is working on to help the business community is holding a
job fair this fall. He said the City is partnering with the School District, Police Dept, Business Council, and other
various City Depts. to help match up students and adults with local businesses that may be hiring.
Dahl announced that the EDA will not hold a meeting in July.
Motion by Buesgens, seconded by Murzyn to adjourn the meeting at 6:40 pm.
Respectfully submitted,
Shelley Hanson
Secretary
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