07-15-86 agendar
HOUSING AND REDEVELOPMENT AUTHORITY
Office of .Executive Director
HRA Letter No. 17
Agenda July 15, 1986
Housing and Redevelopment SPECIAL MEETING
Authority Commissioners
City of Richfield
Subject: Amending Agreements, Authorizing Public
Improvements; New Home Program Activities
Dear Commissioners:
A special HRA meeting has 'been scheduled to take timely
action related to development agreements and the sale of HRA
owned properties. An HRA memo in June, 1986, discussed the
status of New Home Program activities. As the memo indicated,
once details of the Minnesota Housing Finance Agency (MHFA) bond
sale for home financing had been confirmed, amendments to program
related agreements would be necessary. On July 3, 1986 staff was
notified by MHFA that:
-the HRA will have access to $500,000 of 8.65% mortgage
money for 30 days starting July 16, 1986.
-qualified applicants must be submitted to the lender
prior to August 15, 1986.
-the $240,000 balance needed to finance all the units under
construction may or may not be available depending upon
statewide demand and competitive "luck".
This letter requests that:
-the Rae Drive/66th Street Development Agreement be
amended.
-the 7508 Colfax Development Agreement be amended.
-the Purchase Agreement for 920 West 66th Street be
extended.
-public improvement work be authorized at the Rae
Drive/66th Street development area.
A discussion of each requested action follows.
Amendments to Development Agreements
Since late winter, the Rae Drive twinhomes at the
intersection of 66th Street and Rae Drive have been under
construction. A single family home at 7508 Colfax Avenue South
is nearing completion. George E. Branton Construction Company is
responsible for construction and sale of the units based on a
development agreement with the HRA. At the end of March, 1986, a
sales meeting was held to identify potential purchasers for these
units. On a preliminary basis, seven families have been
identified for the eight-two and three bedroom-twinhomes. A
family has also been identified for the three bedroom single
family home.
The twin homes and single family homes are being marketed to
persons having moderate incomes; i.e., 80% of the median income
for the metropolitan area as determined by the Department of
Housing and Urban Development (HUD) and MHFA. For all the 3
bedroom twin home units (there are four by George E. Branton and
two by the HRA) that are located within the Rae Drive/66th Street
area, the following family size and income requirements were
specified in the development agreement as indicated below in the
column titled "Old". However, HUD has recently increased the
income limits. The new limits are indicated below in the column
titled "New".
Old Maximum
Family Size Income Limits
New Maximum
Income Limits
3 $23,600 $24,750
4 $26,250 $27,500
5 $27,900 $29,200
6 $29,550 $30,950
Most of the interested 3 bedroom home purchasers have
incomes that are below the new limits but at or above the old
limits.
For the two bedroom twin home units (there are four by
George E. Branton) that are constructed within the Rae Drive/66th
Street area, MHFA required the units to be marketed to smaller
two to four member families with incomes not exceeding $28,000.
HUD had no specific requirement .for these units. To ensure a
quick commitment of the mortgage money, MHFA would now allow
incomes not to exceed $35,000. Mr. Branton and staff would
continue to work with purchasers that have already been
identified with incomes within the old limits. But, if it
becomes necessary to identify additional purchasers, the new
income limits would be followed.
Processing of applications was delayed and construction was
slowed while mortgage finance arrangements with MHFA were being
reviewed. Now that MHFA has finalized its course of action,
adjustments can be made to key performance dates within the
development agreements. The HRA must act quickly since on July
16, 1986 the following will occur:
-Mr. Branton would default on performance since all units
were to be completed and closed by this date.
-Mr. Branton's construction financing, which is tied to this
key performance date, would default.
-A $23,200 letter of credit, held by the HRA for liquidated
damages relating to failure to construct the project, would
expire.
The July 16th deadline was originally devised because of
MHFA requirements for the mortgage commitment and delays have
been related to MHFA actions. Mr. Branton is not at fault for
any delays that have occurred.
The development agreement amendments, which have been
drafted by legal counsel for the HRA and Mr. Branton to execute,
accomplish the following:
-extend construction completion dates to September 5, 1986
-require Mr. Branton to submit all applicants to the lender
by July 31, 1986 (new applicants must continue to be
identified by him as necessary until August 15, 1986;
ensuring the entire $500,000 set aside is secured).
-require closings to occur by October 31, 1986
-extend the letter of credit
-reduce the MHFA mortgage discount points required to be
paid by the developer at closing to 2 1/2 rather than the
3-1/2 points since MHFA changed this requirements.
-allow Mr. Branton to rent the completed single family home
at 7508 Colfax Avenue to the mortgage applicant until
closing occurs. According to the lender, the applicant
appears to be qualified.
-increase the maximum income limits for purchasers of two
bedroom units to $35,000 and three bedroom units to:
Family Size Maximum Income
3 $24,750
4 $27,500
5 $29,200
6 $30,950
Extending the Purchase Agreement for 920 West 66th Street
Located within the Rae Drive/66th Street development area is
the twinhome completed by South Hennepin Vo-Tech. The units at
920 and 924 West 66th Street have been completed since the Spring
of 1985. A qualified purchaser, the Louris family, has been
identified for 920 West 66th Street. Since mid-1985 the family
has rented the dwelling unit in anticipation of closing.
Simultaneously, the entire development project was planned,
financing was secured, a developer was selected, and construction
initiated. The HRA held a public hearing authorizing the sale of
the unit to the Souris family. The unit has remained unsold
while MHFA resolved issues related to its financing program.
During this long wait, the purchaser remains interested.
However, the financing arrangements are still uncertain.
The HRA had originally secured approximately $740,000 in
9.95% mortgage money from MHFA. This amount was adequate to
finance all 12 units of housing initiated by the HRA. Now only
$500,000 will be available at 8.65%. Thus, Mr. Branton's eight
twinhome units have a financing commitment. However, there is no
financing commitment for Mr. Branton's single family home at 7508
Colfax Avenue; the HRA owned properties at 920 and 924 West 66th
Street; and 7245 Humboldt Avenue South. Even though there is no
funding commitment, staff is confident that the following course
of action will successfully secure favorable financing for the
units:
1) On or before July 16, 1986, Mr. Branton and staff will
submit executed purchase agreements for 7508 Colfax and
920 West 66th Street, respectively, to the lender
(Rothschild Financial) to compete. for a portion of a
statewide pool of 8.65% funds available from MHFA.
2) If a MHFA commitment cannot be secured, then FHA
financing at or below 9.95% (i.e. the original rate
promised the purchasers) would be secured and closing on
these units would proceed as soon as possible.
3) An FHA mortgage commitment at or below 9.95% for 7245
Humboldt would be secured for the purchaser the HRA,
approved in June, 1986. MHFA financing no longer
appears practical since the MHFA program requires the
.sales price (with second lien) to be limited to $75,000
while the actual value of the house more closely
approximates $85,000.
4) During July, a purchaser will be identified for 924 West
66th Street. The HRA will be requested to hold a public
hearing concerning the sale once a buyer has been
identified. It is anticipated that sometime in August,
there may be MHFA 8.65% funds "leftover" from the
initial competitive round. If so, a commitment would be
secured at that time or FHA financing would be
considered.
Legal counsel has drafted an extension of the 920 West 66th
Street purchase agreement for the HRA and the Louris family to
execute.
Authorizin
Proceed
Rae Drive/66th
et Public Improvement Work to
The development agreement between the HRA and George Branton
Construction Co. specified certain responsibilities of the HRA.
Within the public right-of-way and up to the front property line,
the HRA is responsible for providing residential sewer line
service to the two westerly units (10.16 and 1018 West 66th
Street); residential city water service to all four westerly
units (1008, 1012, 1016 and 1018 West 66th Street); and curb and
gutter, sidewalk, and driveway apron concrete installation and
replacement to satisfy requirements of the attached site plan.
The anticipated cost of these improvements were included in
the approved and the revised 1986 budget. The funding source
includes CP705 for work to be completed along 66th Street (sewer,
water, concrete) and CDBG funds for work to be completed along
Rae Drive (concrete). CP705 funds would be utilized to install a
sewer line to service the westerly portion of the development
area. The original 66th Street road improvements widened the
roadway, leaving the sewer line for this property located in
westbound traffic lanes rather than at the property line. The
change in grade of the roadway left the existing sewer line stub
at too shallow a depth to be used. CP705 funds would also be
used to install water service to the property line and reduce the
number of driveway openings along 66th Street to conform to
present turn lane openings for traffic in the center median. If
the HRA concurs, the City Council would be requested to authorize
CP705 public improvement expenditures for these improvements
within the 66th Street right of way.
Specifications for the work were prepared and staff
solicited informal bids. A formal bidding process was not
required in anticipation that the cost for each type of work
would not exceed $15,000. State law requires a more extensive
process when this amount is exceeded. Bids were received in the
following amounts from the following contractors.
For the sewer service:
Star Plumbing and Excavating $ 9,000.00
For the water service:
Star Plumbing and Excavating $ 6,000.00
For the concrete work:
Gunderson Brothers Cement Contractors $ 8,596.00
Southside Concrete Contractors $17,619.00
The sewer service was the most difficult job for which to
obtain bids. It requires a portion of 66th Street to be closed
and excavated and several utility services to be located and
avoided. Several contractors, including Richfield Plumbing,
Blaylock Plumbing, Aqua City Plumbing, Ray Haeg Plumbing, Grand
Hagen Plumbing and Spetz and Berg, declined to bid because of the
difficulty of the job and the need for the use of heavy
equipment. City Sewer Division personnel are familiar with Star
Plumbing and feel they are capable of satisfactorily undertaking
the job.
Regarding the concrete work, Gunderson Brothers Cement
Contractors has a contract with the City for concrete alley
replacement work. The City Engineering Division has been very
satisfied with the work.
Based on the bids received, Star Plumbing and Excavating
would undertake the sewer service and the water service
installation. Gunderson Brothers would install the concrete
work.
Each contractor would be required to submit a performance
bond for the total amount of work, provide evidence of insurance,
and execute a standard form contract with the HRA that has been
reviewed by legal counsel and approved for use for construction
projects such as these that are of limited scope.
Recommendation:
It is recommended that the HRA adopt the attached resolution
authorizing;
1) amendments to the Rae Drive/66th Street and Colfax
development agreements
2) extension of the purchase agreement for 920 West 66th
Street with the Louris family; and
3) public improvement work to be undertaken as follows:
Star Plumbing and Excavating,
sewer service installation for $9,000
Star Plumbing and Excavating,
water service installation for $6,000
Gunderson Brothers,
concrete installation for $8,596
Acting Executive Director
HRA RESOLUTION N0.
RESOLUTION FOR AMENDING AGREEMENTS AND AUTHORIZING
PUBLIC IMPROVEMENTS; NEW HOME PROGRAM ACTIVITIES
WHEREAS, the Housing and Redevelopment Authority (HRA) in
and for the City of Richfield has considered the status of the
66th Street/Rae Drive housing development, the 7508 Colfax Avenue
South housing development, the sale of 920 W. 66th Street, and
planned public improvements adjacent to the 66th Street and Rae
Drive housing development; and
WHEREAS, the HRA has determined that it is appropriate to
amend development agreements with George E. Branton Construction
Company relating to 66th Street/Rae Drive and 7508 Colfax Avenue
South housing developments; amend the terms of a purchase
agreement previously authorized by the HRA to sell 920 W. 66th
Street to the Louris family, and authorize public improvements
such as sewer service, water service, and concrete work adjacent
to the 66th Street/Rae Drive housing development based on bids
from qualified contractors.
NOW, THEREFORE BE IT RESOLVED by the Housing and
Redevelopment Authority in and for the City of Richfield,
Minnesota:
1. That the Chairperson and Acting Executive Director are
authorized to execute amendments to the "Development
Agreement Between The Housing and Redevelopment
Authority In and For the City of Richfield, Minnesota,
and, George E. Branton Construction Company" concerning
a housing development project in the 66th Street and
Rae Drive Area.
2. That the Chairperson and Acting Executive Director are
authorized to execute amendments to the "Development
Agreement for 7508 Colfax Avenue South Between The
Housing and Redevelopment Authority In and For the
City of Richfield, Minnesota, and, George E. Branton
Construction Company".
3. That the Chairperson and Acting Executive Director are
authorized to execute amendments to the "Purchase
Agreement for a Twin Home" with the buyers, Jon and
Lisa Louris.
4. That upon execution of a contract by the Chairperson and
Acting Executive Director
a) Star Plumbing and Excavating is authorized
to initiate and complete the sewer service according
to specifications for $9,000,
b) Star Plumbing and Excavating is authorized to
initiate and complete the water service according to
specifications for $6,000; and
c) Gunderson Brothers Cement Contractors is
authorized to initiate and complete the concrete
work according to specifications for $8,596;
5. That the Acting Executive Director is directed to request
the City Council to allocate CP705 funds to fund the
public improvements on 66th Street.
.Passed by the Housing and Redevelopment .Authority in and for
the City of Richfield, this 15th day of July, 1986.
Thomas E. Harms, Chairperson
Joan Helmberger, Secretary