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HomeMy WebLinkAboutItem 06.nProposed Action Staff recommends adoption of the following motion: Move to adopt the attached Consulting Agreement with the Dakota County CDA. Passage of this motion will result in the City having the ability to work with the Dakota County CDA to process Housing Improvement Area (HIA) applications received by the City. Overview CONSULTING AGREEMENT WITH THE DAKOTA COUNTY CDA March 19, 2012 City Council Meeting Minnesota Statutes 428A authorizes cities to create HIA(s) to assist in the financing of exterior improvements to privately -owned residential units that are the responsibility of the homeowners association. The City Council discussed the concept of HIA(s) at a City Council Work Session last August and adopted the attached policy on September 6, 2011. The City has received a preliminary application for the creation of a HIA from the Niakwa Village 2n Homeowners Association. In order to review this application, staff recommends that the City enter into the attached Consulting Agreement with the Dakota County CDA. The CDA has assisted the City of Eagan on the creation of several HIA(s) and is familiar with the process and legal requirements. The CDA will also likely be the entity that provides the necessary financing for the proposed improvements to be completed if the HIA is approved. The attached Consulting Agreement provides for a cap of $1,000 on the consulting fees that the CDA can charge for services associated with reviewing HIA applications. The Niakwa Village 2nd Homeowner's Association has provided the City with a $1,000 escrow to cover the costs of the CDA's review of their application. The City Attorney has reviewed and approved the attached Consulting Agreement. It should be noted that approval of the Consulting Agreement does not compel the City to approve the creation of a HIA. The Council will need to hold a public hearing, adopt an ordinance and approve a Development Agreement as part of any HIA approval. Staff recommends approval of the attached Consulting Agreement with the CDA. Primary Issues to Consider • What is the cost for the City to review and approve a proposed HIA? All of the costs associated with creating and implementing a HIA will be borne by the property owners. Supporting Information Cop . -f Consu p • Agreement with the Dakota County CDA and HIA Policy avid L. Olson Community and Economic Development Director Item No. Financial Impact: $ None Budgeted: Y/N Source: CONSULTING AGREEMENT BETWEEN THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY AND THE CITY OF LAKEVILLE THIS AGREEMENT is entered into between the Dakota County Community Development Agency, a Minnesota public body corporate and politic, 1228 Town Centre Drive, Eagan, Minnesota 55123 (hereinafter referred to as the "CDA "), and the City of Lakeville, a Minnesota municipal corporation, 20195 Holyoke Avenue, Lakeville, Minnesota 55044 (hereinafter referred to as the "City "). The CDA and the City are collectively referred to herein as the "Parties ". WHEREAS, the City is authorized to establish Housing Improvement Areas ( "HIA or "HIA's ") by Minnesota Statutes, Chapter 428A (the "Act ") within the City for the purpose of originated home improvement loans (the "Loans ") (collectively, the "Program "); and WHEREAS, the CDA has many years of experience in the origination of home loans; and WHEREAS, the City desires to retain the CDA to assist with certain designated matters related to the Program; and WHEREAS, the CDA has the statutory authority to cooperate with or act as agent for any city in carrying out any of the provisions of Minnesota Statutes, Sections 469.001 to 469.047 or any other related state legislation, including the Act; and WHEREAS, the CDA has agreed to assist the City in establishing and carrying out the Program in accordance with the terms of this Agreement. NOW, THEREFORE, the Parties agree as follows: 1. There is attached hereto as Exhibit A a list of tasks proposed by the City as being necessary for the establishment and implementation of the Program (the "Program Tasks "). Upon receipt of a property owner application under the Act, the City shall advise the CDA, in writing, which, if any, of the Program Tasks the City wishes to delegate to the CDA. Acceptance of such delegation shall be evidenced by the CDA in writing. It is understood that the legal authority to initiate the Program resides with the City and that to the extent the City delegates specific Program Tasks to the CDA the CDA shall perform them as a consultant to and at the direction of the City. 2. It is further understood that if for any reason the CDA wishes not to accept the delegation of a Program Task it may do so. 3. The City will pay the CDA for coordination and review Program Tasks (not to include inspection work) delegated by the City and performed by the CDA under this Agreement at the rate of $30.00 per hour, not to exceed $1,000.00 per HIA application. Inspection Program Tasks required under a Development Contract and delegated by the City and performed by the CDA shall be paid to the CDA from the HIA Loan proceeds in an amount not to exceed $5,000.00 per Development Contract. Payments will be made by draw upon approval of the work. 4. In performing Program Tasks delegated to the CDA by the City the CDA shall be considered an independent contractor and persons engaged in such work shall not be considered employees of the City for any purpose, including Worker's Compensation. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 6. Except for the written delegation of Program Tasks to the CDA by the City, this Agreement is the final and complete expression of the Agreement between the Parties. This Agreement may be signed in counterparts, each as effective as the original. 7. Neither Party may assign any of its rights or obligations under this Agreement without the prior written consent of the other Party. No change or modification of the terms or provisions of this Agreement shall be binding unless such change or modification is in writing and signed by all Parties to this Agreement. 8. The Agreement shall remain in full force and effect until terminated by either Party. Termination shall be effective upon providing a written notice of termination by U.S. Mail or personal delivery to the other Party. In the event of termination, the City shall pay the CDA for all work performed under the Agreement to the date of termination. 9. In the event of a delegation of Program Tasks to the CDA by the City pursuant to Paragraph 1 hereof, a liaison shall be designated by the CDA and the City. Each Party shall inform the other, in writing, of any change in the designated liaison. At the time of this Agreement, the following persons are the designated liaisons: City Liaison: David Olson, Community Development Director 2 Dated: Dated: Phone Number: (952) 985 -4421 CDA Liaison: Deborah Haugh, Housing Finance Manager Phone Number: (651) 675 -4478 , 2012 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By: Mark Ulfers Its: Executive Director , 2012 CITY OF LAKEVILLE By: Mark Bellows Its: Mayor 3 By: Charlene Friedges Its: City Clerk Exhibit A (1) Explanation of policy and process for establishing Housing Improvement Area ( "HIA ") to the City Council. (2) Receipt of property owner application. (3) Review of application and follow -up regarding missing information and answering applicant questions. (4) Site visit to identify code issues and general assessment of physical condition of property to verify that proposed improvements are necessary and/or identify needed improvements not identified in scope of work. (5) Preparation of preliminary staff report based upon application review, site visit, and initial financial analysis, if any. (6) City Council consideration of application. (7) Collection of application fee from applicant. (8) Review of Financial Plan (Reserve Study) and preparation of report. (9) Review Section 428A.12 petitions for compliance with requirements. (10) Submittal of second report to City, summarizing findings of Reserve Study and petitions review, and recommendation regarding requirements to be included in Development Agreement. (11) Recommendation of debt instruments, financing terms, and determination of financing costs to be reimbursed. (12) Establishment of terms of Development Agreement and related discussion with applicant. (13) Preparation of Development Agreement (14) Publication of notice of public hearing and mail to each property owner in HIA as required by the Act. (15) Preparation of report for the applicant and City Council, including feasibility, policy, procedural, and scope of work, financial and legal analysis. (16) City Council public hearing and adoption of ordinance declaring HIA and designation of Implementing Entity under the Act. (17) Preparation of Disbursement Agreement (18) Performance of project inspections, approval of draw requests and completion of work 4 1.00 PURPOSE CITY OF LAKEVILLE HOUSING IMPROVEMENT AREA POLICY 1.01 The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 2.00 POLICY 2.01 It is the policy of the City of Lakeville to use HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A. To promote neighborhood stabilization and revitalization by the removal of blight and/or the upgrading of the existing housing stock in the neighborhood. B. To correct housing or building code violations as identified by the City Code Enforcement Staff. C. To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated HIA. D. To increase or prevent the loss of the tax base of the City in order to ensure the long -term ability of the City to provide adequate services for its residents. E. To stabilize or increase the owner - occupancy level within a neighborhood or association. F. To meet other uses of public policy, as adopted by the City of Lakeville from time to time, including promotion of quality urban design, quality architectural design, energy conservation, decreasing the capital and operating costs of local government, etc. 3.00 PROCEDURE 3.01 In order to be eligible for HIA financing through the City of Lakeville, the association is to submit a preliminary application and follow the established HIA Approval Process as attached, along with an application fee as set from time to time by resolution of the City Council. All HIA financed through the City of Lakeville should meet the following minimum approved criteria. However, it should not be presumed that a project meeting these criteria would automatically be approved. Meeting these criteria creates no contractual rights on the part of any association. A. The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, or required changes to the Plan and Ordinances must be under active consideration by the City at the time of approval. B. The creation of the HIA and HIA financing shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. C. The project should meet one or more of the goals stated in the Policy section of this document. D. The term of the HIA should be the shortest term possible while still making the annual fee affordable to the association members. The term of any bonds or other debt incurred for the area should mature in 20 years or less. E. The association in a HIA should provide adequate financial guarantees to ensure repayment of the HIA financing and the performance of the administrative requirements of the development agreement. Financial guarantees may include, but are not limited to the pledge of the association's assets including reserves, operating funds and/or property. F. The proposed project, including the use of HIA financing, should be supported by a majority (51 %) of the owners within the association. The association should include the results of a membership vote along with petitions that indicate a 51% owner support to create the area. G. The association must have adopted a financial plan that provides for the association to finance maintenance and operation of the common elements within the association and a long -range plan to conduct and finance capital improvements therein, which does not rely on the subsequent use of the HIA tool. The financial plan must be prepared by an independent third party, with designation as a CAI certified reserve specialist, and must conform to CAI Reserve Study Standards. H. HIA financial assistance is a last resort financing and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the association has sought other financing for the project should be provided and should include an explanation and verification that an assessment by the association is not feasible along with letters from private lenders or other evidence indicating lack of financing options. I. The homeowner's association must enter into a development agreement, which may include, but is not limited to, the following terms; a. Establishment of a reserve fund b. Staffing requirements c. Annual reporting requirements d. Conditions of disbursement e. Required dues increases f. Notification to new owners of levied fees g. Require multiple bids for project construction J. The improvements financed through the HIA should primarily be exterior improvements and other improvements integral to the operation of the project, e.g. boilers. In the case of a homeowner's association, the improvements should be restricted to common areas. The improvements must be of a permanent nature. The association must have a third party conduct a facility needs assessment to determine and prioritize the scope of improvements. K. HIA financing should not be provided to those projects that fail to meet good public policy criteria as determined by the City Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans and the City policies; projects that provide no significant improvement to the neighborhood and /or the City; and projects that do not provide a significant increase in the tax base and/or prevent the loss of tax base. L. The City Council reserves the right to deny funding for specific improvements if they are determined not to be in keeping with the intent of the policy. M. The financial structure of the project should receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of performance and level of outstanding debt of previous HIAs. N. The average market value of units in the association should not exceed the maximum home purchase price for existing homes under the State's first time homebuyer program. 4.00 RESPONSIBILITY 4.01 The Community & Economic Development Department shall have primary responsibility for implementation and coordination of this policy. 5.00 AUTHORITY 5.01 The City of Lakeville has the authority to establish HIAs under Minnesota statutes 428A.11 through 428A.21. 5.02 Within the HIA, the City has the authority to: A. Make housing improvements B. Levy fees and assessments C. Issue bonds to pay for improvements 5.03 The City Council has the authority to review each HIA application which includes scope of improvements, association's finances, long -term financial plan, and at least 51% membership support. Date of Approval: , 2011