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8.1. HRSR 06-01-2020 ��i City of Elk , Request for Action River To Item Number Housing and Redevelopment Authority 8.1 Agenda Section Meeting Date Prepared by Work SessionJune 1, 2020 Amanda Othoudt,EDD Item Description Reviewed by Blighted Properties Residential Forgivable Loan Cal Portner, City Administrator Program and Policy Discussion Reviewed by Action Requested Information presented for discussion purposes. Background/Discussion At the August 5, 2019, meeting,the HRA discussed the two programs the city implemented to improve the community's housing stock,the Blighted Properties Residential Forgivable Loan Program and the HRA Rehabilitation Loan Program. Since August,the commission heard from Kristin DeGrande,Housing Coordinator from Coon Rapids about their Front Door Program which offers small grants to enhance curb appeal, and heard a presentation from staff on the Richfield Rediscovered program,which offers opportunities to build new, market-rate homes through lot sale or their credit program. At their November 4, 2019, meeting,the consensus of the HRA was to continue discussing changes to the Blighted Properties Program and policy and rework it to allow flexibility for builders to acquire these types of homes with the caveat that the properties will be owner-occupied upon completion. At their January 6, 2020, meeting, the HRA reviewed some of the attorney's recommendations to change the policy to allow this flexibility. Due to time constraints, this policy discussion was tabled to a future meeting for continued review and evaluation against the HRA's long-term goals. At their May 4, 2020, meeting,attorney Florin discuss the proposed changes to the HRA Blighted Properties policy. Following the discussion, staff continued to work with attorney Florin on policy changes directed by the HRA. Staff will continue reviewing the changes to the policy with the HRA this evening. Financial Impact N/A Attachments ■ Blighted Properties Residential Forgivable Loan Policy (attorney redlined) The Elk River Vision A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P U W E H E o s r service, and community engagement that encourages and inspires prosperity ,g /` UR Blighted Properties Demolition & Forgivable Residential Loan Program 498470v2 JSB EL185-13 Residential and Redevelopment Authority Blighted Properties Demolition & Forgivable Residential Loan Program Policy Guidelines & Application HRA Adopted February 1, 2016 City Council Adopted: February 16, 2016 HRA Amended: ____________, 2020 City Council Amended: _____________, 2020 City of Elk River Housing and Redevelopment Authority 13065 Orono Parkway Elk River, MN 55330 763.635.1040 www.elkrivermn.gov BLIGHTED PROPERTIES DEMOLITION & FORGIVABLE RESIDENTIAL LOAN PROGRAM APPLICATION TABLE OF CONTENTS Introduction Purpose/Background 1 Funding Availability 1 Deadlines/Requirements 1 Application Fee 1 Qualifying Projects 1 Eligible Applicants 2 Eligible Program Costs 2 Terms 2 Forgiveness 2 Required Appraisal/Assessment 2Expected Value Upon Comp letion 3 Awarding Loans 3 Simultaneous Microloans ______________________________________________ 3 Cost of Review _____________________________________________________ 3 Procedural Guidelines for Appointment and Approval _______________________ 3 Modifications to theMicroloan Policy Review ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ __3_ ___ 4 Blighted Properties Demolition & Forgivable Residential Loan Program 498470v2 JSB EL185-13 Right to Refusal _____________________________________________________ 5 Preferred Score ___________________________________________________ 3__ 5 Application Cover Page 46 Site Identification and History 56 Valuation 56 Maps and Site Features 56 History 67 Current Conditions and Development Potential 67 Cost Analysis _____________________________________________________6 __ 7 Sources and Uses of Funds (Budget Table)79 Analysis of Loan Need_____________________________________________ 7___ 9 Financial Information________________________________________________ 89 Attachment Checklist ______________________________________________________ 911 Agreement _______________________________________________________________1013 Application Review Worksheet ______________________________________________ 11_ 14 Blighted Properties Demolition & Forgivable Residential Loan Program 498470v2 JSB EL185-13 BLIGHTED PROPERTIES DEMOLITION & FORGIVABLE RESIDENTIAL LOAN PROGRAM POLICY INTRODUCTION PURPOSE/BACKGROUND: The city of Elk River Housing and Redevelopment Authority (HRA) has developed a program to meet the untapped need for assistance with demolition and other redevelopment activities when either there is no current development plan or where future development visions are hindered by current blight. In some cases, despite a potential for future redevelopment, hazardous conditions or other public safety factors may become a community’s immediate concern. Securing and maintaining vacant dilapidated structures is costly. Therefore, the Elk River HRA has created the Blighted Properties Demolition & Forgivable Residential Loan program to include loan funds for demolition activities when an imminent redevelopment opportunity does not currently exist. FUNDING AVAILABILITY: Available funding amounts vary per budget cycle. DEADLINES/REQUIREMENTS: Applications are due on the first Monday of each month. Completed applications and supporting documentation must be received by the city of Elk River by 4:30 p.m. on the due date to be considered for funding. APPLICATION FEE: The applicant must submit an application fee of $500 plus legal and any other out-of-pocket costs incurred by the HRA at the time of submittal. QUALIFYING PROJECTS: A project qualifies for a loan if the following conditions are met: Upon completion of the proposed project, the property and structures on the property 1. will be owner-occupied dwellings that align with the surrounding neighborhood. The dwelling will include at a minimum 1600 finished square feet with 2 bedrooms and 1.5 baths and a two-car garage; The current structures constitute a threat to public safety because of inadequate2. maintenance, dilapidation, obsolescence, or abandonment; Upon completion of the demolition, the HRA reasonably expects that the property will3. be improved and these improvements will result in redevelopment benefits to the municipality. The structure must be defined per MN State Statue 117.025, Subdivision 7 as4. “structurally substandard”. "Structurally substandard" means a building: that was inspected by the local government and cited for one or more(1) enforceable housing, maintenance, or building code violations; in which the cited building code violations involve one or more of the following:(2) a roof and roof framing element;(i) support walls, beams, and headers;(ii) foundation, footings, and subgrade conditions;(iii) light and ventilation;(iv) 1 498470v2 JSB EL185-13 fire protection, including egress;(v) internal utilities, including electricity, gas, and water;(vi) flooring and flooring elements; or(vii) walls, insulation, and exterior envelope;(viii) in which the cited housing, maintenance, or building code violations have not(3) been remedied after two notices to cure the noncompliance; and has uncured housing, maintenance, and building code violations, satisfaction of(4) which would cost more than 50 percent of the estimated market value for the building, excluding land value. Applicants must submit evidence that the property is “structurally substandard”(5) in the form of a property inspection report. The property inspection report may be completed by City staff and the fee for the City’s services is included in the $500 application fee.. ELIGIBLE APPLICANTS: Eligible applicants for this program must be the owner of the property at the time of the application or before disbursement of funds. either: 1.Individual who will build, own and occupy a new owner-occupied dwelling following the demolition of the existing structures; or 2.Contractor who will build an owner-occupied home on the property following the demolition of the structure. Property owners, unless licensed in the trade specified, may not put any sweat equity into the demolition or construction of the foundation, wall/roof framing, shingling, exterior work, electrical/plumbing/HVAC systems or interior carpentry. ELIGIBLE PROGRAM COSTS: theThe Blighted Properties Demolition & Forgivable Residential Loan program can pay up to $25,00020,000 of the demolition costsDemolition Costs for a qualifying site. “Demolition costsCosts” means the costs of demolition, destruction, removal, and clearance of all structures and other improvements on the project site, including interior remedial activities, and proper disposal thereof. As used in this subdivision, “structure” has the meaning given it in section 116G.03, subdivision 11. Costs incurred before the loan is awarded are not eligible for payment. TERMS: Loans for demolition costsDemolition Costs may be made subject to the following terms and conditions: The agreement to repay the loan must be a personal obligation of the property owner,1. payable primarily from an identified source of income of the property owner, or other security subject to review and approval by the HRA commissionboard of commissioners. The loan shall bear interest at a rate equal to twothree percent;2. If the property owner ceases to occupy the property as his/her/their primary residence prior 3. to the fifth anniversary of the closing date, the property owner will immediately repay the principal amount of the loan and accrued interest to the date of repayment;The loan shall be forgiven if the requirements under the heading “Forgiveness” are met. The principal amount of a loan may not exceed $25,00020,000;4. 2 498470v2 JSB EL185-13 Loan proceeds shall be disbursed for eligible demolition costsDemolition Costs as incurred5. or paid by the borrower and upon submission of invoices and other supporting documentation satisfactory to the commissionExecutive Director. FORGIVENESS: The HRA will forgive the principal of the loan and interest accrued but unpaid thereonon the loan up to 100 percent of the original loan amount, not to exceed the costs of demolition, after 5 years of maintaining the property as an owner occupied dwelling. Upon request from the HRA, the property owner will provide evidence that the property has been owner occupied for 5 years. upon the submission to the HRA’s Executive Director of: (i) a certificate of occupancy is issued by the City for the property; and (ii) a signed certificate from the first owner of the property certifying that the property will be owner-occupied and the property will qualify for homestead designation. In addition, the Borrower must receive a certificate of occupancy for the new building within 1 year from demolition. If the above conditions are not met, the loan will be due and payable in full. REQUIRED APPRAISALS OR ASSESSMENTS: Land appraisals of the current (as-is) and expected (post-construction) value of the site are required so that the HRA can determine the fair market value. Both appraisals must be done by an independent appraiser using accepted appraisal methodology. In lieu of an appraisal, the applicant may use the current andEXPECTED VALUE UPON COMPLETION: The applicant must submit evidence of the current assessed value of the property and the projected assessed valuesvalue of the property upon completion as determined by the local assessor. Values cannot be determined in any other manner. The value of the property after the proposed development is completed is also requested. AWARDING LOANS: The HRA will award loans to projects that provide the highest return in public benefits for the public costs incurred and meet all of the statutory requirements. In order to evaluate the applications for public benefits with respect to the costs incurred, the law specifies priorities that the HRA must consider. Awards are based on the availability of funds. SIMULTANEOUS MICROLOANS The simultaneous use of different HRA microloan programs by any one borrower or for any one project is prohibited. CALL OF LOAN A loan shall become due and payable in full if the owner-occupant relocates outside of the city of Elk River prior to the maturity date of the loan. COST OF REVIEW The applicant will be responsible for all legal, recording, and other fees required for protection of a security interest in the loan, payable by a $500 processing fee, which is paid at the time of application, plus legal and any other out-of-pocket costs incurred by the HRA. In addition to the processing fee, all legal and filing fees shall be paid by the borrower at loan closing. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL All applicants shall first contact a primary lending institution which will be assisting with1. the financing of the overall project. 3 498470v2 JSB EL185-13 The applicant shall then meet with city staff to obtain information about the microloan2. program, discuss the project, and obtain application forms. The applicant shall complete and submit an application form to the city, along with a3. $500 processing fee plus legal and any other out-of-pocket costs incurred by the HRA. The fee is used to cover processing expenses and any remaining funds will be returned to the applicant. The applicant must provide a letter of commitment for conventional financing from the primary lending institution or evidence of sufficient equity to complete the project. The HRA is a governmental entity and as such must provide public access to public data4. it receives. Data deemed by applicant to be nonpublic data under State law should be so designated or marked by applicant. See Minnesota Statutes, Chapter 13, as amended. The application will be reviewed by the city staff to determine if it conforms to all city5. policies and ordinances and to consider the following: a. The availability and applicability of other governmental grants and/or microloan programs. b. Whether the proposed project after demolition will result in conformance with building and zoning codes. c. Whether it is desirous and in the best interests of the public to provide funding for the project. The HRA Commissioners will review each application in terms of its consistency with6. the goals of the city’s Comprehensive Plan and the Housing and Redevelopment Authority’s Strategic Plan and in relation to the project’s overall impact on the community’s economy. The HRA Commissioners will evaluate the project application in terms of the following:7. a. Project Design - Evaluation of project design will include review of proposed activities, time lines and a capacity to implement the project and whether the proposed Project meets the requirements of this policy. b. Financial Feasibility - Availability of funds, private involvement, financial packaging and cost effectiveness. Appropriate ratio of private funds to Microloan funds. Sufficient cash flow to cover proposed debt service as demonstrated by financial statements. Letter of Commitment from applicant pledging to complete the project during proposed project duration, if the loan application is approved. Letter of Commitment from other financing sources stating terms and conditions of their participation in the project if applicable. c. All other information as required in the application and/or additional information as may be requested by the Economic Development staff. 4 498470v2 JSB EL185-13 d. Project compliance with all city codes and policies. e. Microloan Objectives - the applicant must demonstrate how the proposed activities will meet at least one of the following objectives: The project contributes to the fulfillment of the city’s approved and adopted economic development and/or redevelopment plans. The project prevents or eliminates slums and blight. The HRA Commissioners will approve, deny, or request a resubmission of any8. application submitted under this policy. MICROLOAN POLICY REVIEW The above criteria will be reviewed on an annual basis to ensure that the policies reflected in this document are consistent with the economic development goals set forth by the city. RIGHT OF REFUSAL The HRA may deny any application if it is found not consistent with the goals of the city’s Comprehensive Plan and Housing and Redevelopment Authority Strategic Plan, or Mississippi Connections Plan and in relation to the project’s overall impact on the community’s economy. PREFERRED SCORE: Precedence will be placed on applications which meet a “preferred” score of 75 or more. To fulfill this requirement of reviewing applications in an objective and fair manner, the following criteria have been assigned maximum point values in order to systematically award loans. All assigned scores will be relative to scores awarded to other applications. 5 498470v2 JSB EL185-13 Blighted Properties Demolition & Forgivable Residential Loan Application Cover Page Applicant: Applicant Address: City: _______________________________________ Zip Code: Project Manager Contact (if different from above)___________________________________ Phone: ______-______-____________ E-mail: Mailing Address: _______________________________________________________________ Application Author __________________________________________________________ Author’s Phone & email ________________________________________________________ Provide a written executive summary of the project, including the applicant’s involvement in the project to date and how the applicant intends to manage the project should a loan be awarded. 6 498470v2 JSB EL185-13 I. SITE IDENTIFICATION AND HISTORY SITE INFORMATION 1.Name of Site: Site Address: City: Zip Code:__________________________________ Acreage of Site: Sq. Ft. of Site: 2.A. Does the applicant own the property? _________________________________________ B. If not, at what point will the applicant acquire the property? _______________________ C. What is the purchase price? _____________________________ Attach the Purchase Agreement or other evidence of the commitment of both parties. D. Is it anticipated that the property owner will retain ownership of the property once the demolition is complete? _________________________________________________ 3.Provide a legal description of the site. SITE VALUATION 4.What is the current appraised or assessed value of the Site? ___________________ Attach the appraisal or assessor’s value. 5.What is the projected appraised or assessed value after the demolition activities have been completed (prior to development)? ________________________________________ Attach the appraisal or assessor’s value. 6. What is the projected assessed value after the proposed development is complete? _______________ MAPS AND SITE FEATURES 7.Attach an accurate and legible site and location map indicating the site showing locations of prominent and relevant site features such as buildings, retaining walls, etc. (NOTE: maps shall include property boundaries, a north arrow and bar scale). The map(s) should show the following: a)The current condition of the site including labeled structures and where and for what activities the HRA money will apply. b)The proposed potential development of the site including labeled structures if known. 7 498470v2 JSB EL185-13 8.Please provide current photographs of the site. Note: Photographs are a very important part of review process. HISTORY 9.Please attach a synopsis on the history and general background of the site. This includes, but is not limited to, a description of the former and current uses of the site, as well as an explanation of what has occurred on the site, leading to its current dilapidated condition. CURRENT CONDITIONS 10. How many buildings are currently on site? Residential _______ How many are occupied? ______ If vacant, for how long? 11.Year building(s) was/were built: II. COST ANALYSIS 14. How much money are you seeking from the HRA? ________________________________ (May not exceed $25,00020,000) 15.Fill out the budget table below indicating the uses, and amounts of all funds that will be used for eligible costs as defined. The table should indicate the total project budget non-incurred costs. 8 498470v2 JSB EL185-13 III. SOURCES AND USES OF FUNDS Demolition Uses of Funds for the Project (Budget Table) Use of Funds (Activity)Amount Date Activity Will Occur Demolition Interior Abatement for Demolition Other: Total IV. ANALYSIS OF LOAN NEED 16.Describe how the structures on the property constitute a threat to public safety, are functionally obsolete, or are economically unfeasible to repair. 17. Describe how demolition of the site will reduce blight and improve the property’s economic vitality, functionality and aesthetics. 18. Describe how close the property is to existing sufficient public infrastructure. 21. Describe how the community is stabilized, health is improved or any environmental benefits are achieved by the demolition of the site. V. FINANCIAL INFORMATION 9 498470v2 JSB EL185-13 22. Submit Historical Financial Statements: Financial statements should cover the past three years. Financial Statements should include: Personal Tax Returns, Personal Financial Statement, and details on existing debt agreements. A commitment letter from the primary financial institution must accompany the application. 23. Are you committed to usingWill the property be used as youra primary residence for at least 5 years? 10 498470v2 JSB EL185-13 VI.ATTACHMENTS CHECK LIST Please attach the following: ______A) Residential Loan Program 1. Site Information 2. Site Valuation 3. Maps and Site Features 4. History 5. Current Conditions _______B) Cost Analysis _______C) Sources and Uses of Funds _______D) Analysis of Loan Need _______E) Financial Statements Three Years of Personal Tax Returns1. Details of Existing Debt Agreements2. _______H) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration _______I) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in Project _______J) Application Fee of $500 plus legal and any other out-of-pocket costs incurred by the HRA ______K) Inspection report by an appropriate local government which identifies that the property is cited for one or more enforceable housing, maintenance, or building code violations. _______(L) If the applicant is a builder, builder’s financial capability statement (a statement from a financial institution indicating willingness, with standard contingencies, to provide sufficient construction capital to complete the project.). _______(M) If the applicant is a builder, references of (i) five satisfied customers, and (ii) three major suppliers, one being the construction supplier, and (iii) Building inspectors from two cities where the Builder has constructed new housing within the past three years; OR previous positive experience working with the Elk River HRA (as determined by HRA Staff). 11 498470v2 JSB EL185-13 ____(N) If the applicant is a builder, proof of builder’s comprehensive general liability with property damage protection insurance and other customary insurance _______(O) If the applicant is a builder, proof of builder’s worker’s compensation insurance 12 498470v2 JSB EL185-13 VI.AGREEMENT I / We certify that all information provided in this application is true and correct to the best of my/our knowledge. I / We authorize the City of Elk River Housing and Redevelopment Authority to check credit references and verify financial and other information. I / We agree to provide any additional information as may be requested by the HRA. APPLICANT SIGNATURE_________________________________________________ BY DATE 13 498470v2 JSB EL185-13 APPLICATION REVIEW WORKSHEET In the event of multiple applicants, and limited funds dedicated to the program, the1. attached worksheet will be used to determine how the funds will be allocated. The project meets the criteria set forth in Section IV of the Blighted Properties Forgivable Residential Loan Policy. Check those which apply. Upon completion of the project, the property and structures will be owner-occupied dwellings; (50 points) The current primary structure constitutes a threat to public safety because of inadequate maintenance, dilapidation, obsolescence, or abandonment; (10 points) Upon completion of the demolition, the HRA reasonably expects that the property will be improved and these improvements will result in redevelopment benefits to the municipality; (10 points) The project results in the sale and/or redevelopment of structurally substandard properties as inspected by the appropriate local government and cited for one or more enforceable housing, maintenance, or building code violations. ; (5 points) Subtotal Section 1 (maximum 75 points) 2. Consideration of Capacity. Check those which apply. Must meet all four to score 20 points. 0 points if any boxes are unchecked. Applicant included a realistic implementation /project schedule; (5 points) Applicant has the ability to administer and monitor project; (5 points) Applicant has the ability to conform to city, state and federal requirements;(5 points) Applicant has obtained a letter of commitment to finance the project from their primary lender; (5 points) Subtotal Section 2 (maximum 20 points) 3. Vacancy, Development Potential and Proximity to City Services 14 498470v2 JSB EL185-13 TO BE COMPLETED BY CITY STAFF The length of vacancy of the property; 0-1 year: 1 pointo 2 years: 2 pointso 3 years: 3 pointso 4 years: 4 pointso 5+ years: 5 pointso Subtotal Section 3 (maximum 10 points) Subtotal Sections 1-3 (maximum 105 points) 15 498470v2 JSB EL185-13 Sub - Total Points: of a possible 105 points. Document comparison by W orkshare Compare on W ednesday, May 27, 2020 2:55:14 PM Input: Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 62 Deletions 46 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 108