HomeMy WebLinkAboutCity Council Packet_10-26-16CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
October 26, 2016 at 7:00 P.M.
A.CALL TO ORDER:
B.ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___
FISCHER ___ GUSTAFSON___
STAFF PRESENT: THONGVANH____
C.PRESENTATIONS:
D. APPROVAL OF MINUTES:
1.October 12, 2016 Special City Council Meeting Minutes
E.PUBLIC HEARINGS:
F. CONSENT AGENDA:
1.General Disbursements through: 10/19/16 $77,560.00
Payroll through: 10/15/16 $20,715.91
2.Statutory Tort Liability Limits Coverage for 2017
G: POLICY ITEMS:
1.CommonBond Communities – LCA-TOD Pre-development Grant
H.INFORMATION/ANNOUNCEMENTS:
1.Police Report
I.COMMUNITY FORUM:
J. ADJOURNMENT:
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
October 12, 2016 at 7:00 P.M.
A.CALL TO ORDER: 7:00 pm
B.ROLL CALL: LINDSTROM _X__ HARRIS __X__ BROWN THUNDER _X__
FISCHER _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH__X__
FREIHAMMER__X__
C.PRESENTATIONS:
1.Aldo Sicoli –Superintendent of Roseville Area Schools
Roseville Area Schools is having their long-range facilities planning. It’s been over 20
years since a district-wide comprehensive upgrade for facilities, and most of the
facilities were built in the 50s and 60s. They have hired architects to come up with a
planning process. There are three criteria committees that determine the needs of the
facilities: physical, educational, and community/out of school activities. They will
complete their work in November and then there will be a community meeting on
November 29th for public input. Then there will be an options committee. They will
come up with just a few options that would meet the needs. There will be another
community meeting, and eventually a recommendation will go to the school board
in the spring.
They have an initiative called Partners for the Future. This is an opportunity to
volunteer to work with students in three ways: read to elementary students, mentor
students in the after school program, and work with businesses to provide
opportunities like job shadowing. They have been working with R.T. Rybak which
will be the keynote speaker on November 15th at the TIES building. The Roseville
Rotary group has also been contacted for their involvement.
2.Common Bond Communities –Affordable Housing Proposal
Amanda Novak, Associate Vice President of Development with Common Bond
Communities, and Diana Dyste, Project Manager with Common Bond Communities,
presented on the Affordable Housing Proposal. Common Bond was first introduced
to Falcon Heights in the Spring of 2013 while partnering with the Pohlad Family
Foundation when they constructed the Good Acre. A portion of the site was set aside
for Affordable Housing. Unfortunately, it was not awarded funding at that time
from the Minnesota Housing Finance Agency. They feel at this time that there is a
possibility of a project being financed on that site. There are a number of aspects that
would be hinged on that success: population served and funding received from the
city or greater metropolitan area. The next application round is June 2017. To assess
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the financial feasibility, there is a need to obtain outside funding. They can request
funding through the Metropolitan Council because Falcon Heights falls within the
boundaries of a bus rapid transit system. They are looking for the city’s support as
they city would be the actual applicant when submitting for funding to the
Metropolitan Council. The City would act as the administrator for those funds. This
application is due by October 31st.
City Administrator states the administrative obligations will depend on the amount
granted. This is merely an introduction, and if the Council wants to move forward
staff will do more research on this by the last Council meeting in October.
The most that can be awarded is $100,000 for the pre-development application.
Council Member Gustafson stated there is a 20% match needed of the city that is
mentioned in the application. Would the city need to contribute?
They believe they could partner with Ramsey County to work out some agreement
for a 20% matching amount.
City Administrator stated any amount that is funded above $500,000 would require a
separate audit.
The major way the state has shifted their funding requirements is that they are
prioritizing bus rapid transit. They believe that Ramsey County has more of a
possibility of participating than in the past. They also have the time to identify the
additional funds. The state is prioritizing locations that have access to high-
performing schools. They would have a letter of intent to purchase the property
from the Pohlad Foundation upon the award of the state’s funding. The Good Acre
is a nonprofit but they do pay taxes. As a residential property, they would still be
paying real estate taxes. It would be at a rate of .75% rather than 1.2%.
3.Comprehensive Surface Water Management Plan
Ryan Johnson, City of Roseville Environmental Specialist, stated that the steps you
take now do impact water bodies down the drainage ways. This plan is put in place
so we meet MS4 requirements and protect water throughout the state. The reason for
the update is that after 2 years of a watershed district updating their plan, the cities
have up to two years to complete their update. The new rule is to have the plan
update coincide with the city comprehensive plan timeline. The last update was in
2008. It was a useful plan, but there have been updates with technology to take into
consideration with the new plan. A new piece to be mindful of is chloride: how it’s
treated and how it’s managed. Roseville updated their 2013 plan with a consultant,
Short Eliot Hendrickson (SEH). If the Council approves of it, they would have their
consultant, SEH, incorporate the Falcon Heights components into the Roseville plan.
As they are doing their plan, SEH will attend the meetings, pull all the documents,
administer public surveys to gain public input, and make the Falcon Heights plan
updates as well. The cost to the city would be $14,000. SEH wants to understand the
current plan and get a lot of public involvement. They would work on policies and
approvals from the watershed districts. They’ll look at updating goals: what do we
want to see in the next ten years. SEH will provide progress reports throughout the
process. The goal is to have everything adopted by May 2017.
Motion for approval for cost share in utilizing SEH
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Council Member Fischer Moved, Approved 5-0
D. APPROVAL OF MINUTES:
1. September 21, 2016 Special City Council Meeting Minutes Approved
2. September 28, 2016 City Council Meeting Minutes Approved
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 10/05/16 $140,962.01
Payroll through: 9/30/16 $18,407.72
2. Approval of City License(s)
3. City Administrator (Sack Thongvanh) 18 Month Step Adjustment
4. Vacate Easement for 1728 Lindig Street
5. Vacate Easement for 1725 Fairview Avenue
Council Member Gustafson Moved, Approved 5-0
G: POLICY ITEMS:
1. Accepting Feasibility Report and Calling for Public Hearing for 2017 PMP
Jesse Freihammer, City Engineer, presented a summary of the Feasibility Report. The
streets that are targeted are in the Grove. They will be reclaiming the streets and
replacing damaged and broken curbs. They will be updating curb ramps so they are
ADA compliant. They will also replace the trail between Hoyt and Folwell. The total cost
is $750,000. The pathway on Roselawn from Cleveland to Fairview will be reclaimed.
The total cost for that is $81,000. They will also look at drainage improvements, and the
total cost would be $57,500. St. Paul Water will be replacing the water main and
upgrading from 6” pipe to 8” pipe. The estimated total cost of the project is $1,234,040.
The city will utilize funds from state infrastructure, municipal state aid, storm sewer,
and assessments. There will be a public hearing for assessments in December, 2016 and a
final assessment hearing in October, 2017.
Council Member Harris Moved, Approved 5-0
H. INFORMATION/ANNOUNCEMENTS:
Council Member Fischer:
No updates
Council Member Harris:
No updates
Council Member Brown Thunder:
NYFS had their fundraiser, “Taste of Minnesota”, on October 6. It was a good night of
networking and great food.
Council Member Gustafson:
No updates
City Administrator Thongvanh:
· Tomorrow night is the Falcon Heights Fall Fete at Community Park from 5-7pm.
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· Today is the deadline for the Task Force and Work Group applications. The city has
received over 30 applications. I am currently working on contacting facilitators.
Mayor Lindstrom:
No updates
I. COMMUNITY FORUM:
Rashad:
He believes there is a lack of action in terminating the SAPD contract.
Council Member Harris:
She believes there is action being taken and a task force is being formed.
Mayor Lindstrom:
He would be upset if he felt the community he lived in wasn’t taking action. He believes the
Council is taking strong, thoughtful, and deliberative action.
Speaker 1:
There is corrective action and preventative action. When there’s an issue, you start with the
corrective action then you move on to the preventative action to make sure it doesn’t happen
again. We have not seen the Council take corrective action when the men who committed a
crime are still policing the streets.
Mayor Lindstrom:
They are not our employees, so we cannot choose to fire individuals.
Council Member Fischer:
There are two components. The BCA turned over their investigation to Ramsey County and
that’s their part. We are also in year two of a five-year contract. We have the option to terminate
the contract for 2018 by July of next year.
Speaker 1:
The Council Members can motion to end the contract. Multiple residents have requested the
Council end the contract. Do you feel you have done your due diligence as a Council? There has
not been a motion. The Council should represent the citizens. The reason he is here is because
someone that looks like him lost his life. He wants to fight for justice, and people feel defeated.
Do you think a task force will change this defeated feeling for many?
Mayor Lindstrom:
There were 30 people that applied to be on the task force. The number one task is to build trust
because it’s been frayed.
Speaker 2:
Minneapolis Police Department has the same thing, the Restorative Justice Act. She doesn’t feel
as though this works because she was arrested for obstructing justice when this wasn’t what she
did. The police officer tried to build trust in that moment before their mediation. A few weeks
later that same police officer asked for her license and registration for jay walking in
Minneapolis. Nothing came from having a conversation with the Deputy Chief. What happens
when an officer lies on a police report? What happens when an officer pulls a gun? Speaking
from opinion, the Council will never know what it’s like to be a black man or woman who is
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stopped by a police officer. Who are the police serving? If she got into an accident or altercation,
she would be afraid to call the police because her life could be at stake. What is this task force
really going to do differently? Who is going to be a part of this task force? When frustrations
build for too long, people get mad.
Speaker 3:
He is honored and thankful that there is dialogue tonight. He has called the police numerous
times and nothing has happened. His family has not received equal protection under the law.
He served under the governor’s task force and committees in St. Paul. They have assisted in
taking preventative action, but it hasn’t really prevented anything. He doesn’t have any faith or
confidence in any more task forces. These do not instill trust. You build trust when there is
justice through corrective action. Why didn’t the officers administer first aid? Have you
inquired about that? Have you inquired about whether or not they have first aid kits?
Council Member Gustafson:
The first aid kits are carried in the police squad cars. The officers are trained in first aid, first
responder. Officers from the Roseville Police Department provided first aid upon arrival.
Speaker 3:
As a retired Firefighter and EMT, you can’t allow someone to bleed for that long. You don’t
need a task force to deal with that. That should be more than enough to end the contract.
Council Member Fischer:
He apologizes for the way that this country has treated Black people for many years. If we fire
the police today, we are sitting on a million-dollar liability because we do not have a backup
police department. We also do not have all the pieces of information since we haven’t viewed
what the BCA has. He doesn’t believe firing the police today is the right thing to do. That may
be different with more information. He can’t make a motion to end the contract with St.
Anthony Police Department because he doesn’t support it.
Speaker 3:
What are you going to do about the lack of first aid? What corrective action will be taken?
Council Member Gustafson:
Corrective action will be taken once the Council knows what needs to be corrected. We don’t
have the facts right now on what happened.
Speaker 3:
He is not asking the Council to make a judgement right now. He wants to know what the
Council will do about what they do know. That is not what is in dispute.
Mayor Lindstrom:
It is a valid concern that you are bringing up. If procedures for providing first aid were not
followed, there should be ramifications for that.
Council Member Gustafson:
What we do need to know are the timelines and when first aid happened.
Mayor Lindstrom:
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He would hope that the supervisors would review all the policies in place on first aid. If these
were not followed, there should be consequences.
Speaker 3:
He is proud of the young folks and how they have restrained themselves despite their anger
and frustrations. He hopes the next time they come to the Council, that they will have some
answers about providing first aid.
Tyrone Tarrell- President of the African American Leadership Council- 270 N. Kent St. St. Paul:
It’s disheartening to come here every Wednesday and to see the same type of conduct. A task
force is a cop out for you. The Council wants other people to make the decisions. Don’t pass the
buck to the BCA and John Choi. St. Anthony is corrupt: denying a Muslim their mosque and
denying a black church within the city. A task force will give a decision in June of 2017. John
Choi is waiting until the case gets cold. There’s a thing called the police officers bill of right. It
means you can shoot someone, particularly a Black person, and get away with it as long as they
say they felt threatened. Give St. Paul, Falcon Heights, and America a victory. He doesn’t care
what the task force says. The residents stood up strong in this town, but they have a weak
Council and a weak Mayor.
Paula Mielke- 1868 Arona St:
For several weeks now, the St. Anthony Police Department has made data available for traffic
stops, broken taillights, data by race, and data by residents and race. Has this data been made
available to the Council? Why not?
Mayor Lindstrom:
He has seen racial data on arrests and citations. He has not seen racial data on stops. On
October 1st SAPD announced that they would be doing new data collection: additional racial
data.
Paula Mielke- 1868 Arona St:
There is data from January 2011 and even some up until June 2016. Why haven’t you asked for
it, and why hasn’t it been shared with the Council? We have asked that police reports be
included in a City Council packet each month and those reports be widely accessible to
residents.
Mayor Lindstrom:
He did ask and this was the response, “What demographic data does SAPD collect on stops,
searches, and seizures?” The response was, “No demographic data is collected on stops unless
they result in enforcement action including citation and/or arrest. Subsequent searches and/or
seizures would be articulated in an officer’s incident/arrest report. We do not employ a check
the box report form. We do not currently have a standing policy to document all stops resulting
in a verbal warning. Documentation of verbal warnings are at the discretion of the officer. In
most cases, demographic data that is collected includes full name, date of birth, address, race
(according to NCIC codes), sex, hair color, eye color, height, and weight. Most of this data is
public, some like date of birth is private data.”
Another question was, “what demographic data does SAPD collect on frisks, summons, and
arrests?” The answer was, “please see the answer from before. A frisk would be noted similarly
to searches and seizures. Summons would be issued to an offender to appear in court.” The
third question asked was, “Does SAPD collect data on traffic warnings?” Additionally, the
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answer was, “please see the answer from before. We do not currently have a standing policy to
document all stops resulting in verbal warnings. Documenting verbal warnings are at the
discretion of the officer. Race (according to NCIC codes), sex, hair color, eye color, height, and
weight may or may not be collected. In some cases, only the nature of the stop and a brief
narrative are completed to document the activity as these actions are not reported to the federal,
state, or county for any purpose.”
Paula Mielke- 1868 Arona St:
That sounds like it’s their policy, but couldn’t you make it your policy? We would like that data
and have it on the Council Agenda once a month.
City Administrator Thongvanh:
Currently SAPD does not collect data on every single stop. SAPD has will make that change in
their policy. They will be including racial data on every one of their stops. There are logistics
that they need to work out in terms of IT and their program, but they are looking to implement
that as soon as possible.
Paula Mielke- 1868 Arona St:
Have there been any changes in the training with SAPD? St. Anthony Police applied to be part
of the Collaborative Reform Initiative with the Department of Justice, and she heard that
through the media, not the city. It was also brought up in August that we would like to see
Police Chief Mangseth at a Council meeting.
Mayor Lindstrom:
The Council can ask if they have altered any training.
City Administrator Thongvanh:
They have implemented an anti-bias training that every city employee (whether Council, fire,
police, or administrative) will be attending. Falcon Heights staff and City Council Members
will also attend the anti-bias training provided by the City of St. Anthony.
Mr. Kaleit:
He has attended several meetings but only to observe. When racism and bigotry continue to
stick out, someone has to address it. No one is asking you to make a judgement, just an
observation. He noticed that Mr. Fischer made a statement that he wouldn’t make a motion. He
feels that Mr. Brown Thunder has an obligation to say something for his people. When you see
the injustice being done, you have to say something. He believes that Mr. Brown Thunder has
experienced racism, and he has not been engaging with the audience. Someone who is law
enforcement should be able to answer questions in terms of someone being shot and how they
should act when they’re on the scene. The Council should not push this onto someone else. The
Council has an opportunity to make a difference.
Cindy Laszewski- 1713 St. Mary’s St:
She would rather we didn’t need a task force. They take time and there are a lot of judgements
to sort through. She doesn’t feel the Council has stepped up enough. She doesn’t see the
Council seeking the information. It seems like the task force is the only hope, and she doesn’t
feel like there is the drive or the energy from the Council. These are the kinds of things that the
Council has been elected to deal with. You don’t want to keep pushing it off that things get out
of hand. The people involved have been respectful, but you can only push people so far.
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Chuck Laszewski- 1713 St. Mary’s St:
The Falcon Heights “We Can Do Better” group wrote a letter in July signed by a dozen
residents asking that the Police Chief be present to answer questions. There are still a lot of
questions that haven’t been asked or answered. The response he got was that it was too
complicated, which made him very upset. Tonight alone there were other contracted employees
that presented and the Council was able to ask questions. The Council isn’t even able to answer
some basic questions. He saw the video and the officer did not administer first aid. Let’s ask the
Police Chief. Writing him questions doesn’t do any good because you cannot have a discussion.
Let’s ask the questions so we can make some decisions.
Tom Baldwin- 1716 Albert St:
He’s waiting for the Council to take action. If the task force is the only action you have taken,
you have condoned seven more months of people of color being afraid to drive in our city and
seven more months of selective abuse on our streets. You’ve had evidence for three months and
you have sat mute. That leads us to assume that you don’t believe the stories shared, you don’t
care, or that you condone it. In the 1970s when he moved in there was talk of Job Corp filling
the vacant Bethel University building. There were flyers distributed in the neighborhood saying
that a Job Corp would result in “colored people fornicating in your front yard”. The Council sat
mute while these flyers were being distributed. During that time, residents of Falcon Heights
called the police to report the nefarious activities of people of color (i.e. walking down the
sidewalk). He finds this incredibly disappointing that the Council has sat mute through these
stories. What does it take to issue a statement to citizens of “we regret the experience you have
had in our city and we promise to do better”?
Let them know you’ve heard them. Also, get the St. Anthony Police Chief to dialogue with
people at a Council meeting. Have him explain what public good it does to make sure there
isn’t a broken taillight. SAPD’s style of policing is quickly losing favor. What is the purpose of
that style of policing? Thirdly, he has mixed emotions about training. How are SAPD officers
evaluated? Are positive public engagements given as much weight in an officer’s evaluation?
What’s the platform for promotion?
Mayor Lindstrom:
They can ask the question about evaluation. The experiences he has heard have bothered him
deeply. The broken windows system of policing is very much on trial. Where can we learn from
others who are doing it better? If the task force has recommendations at the very first meeting,
that will be addressed. The Council is not waiting to implement everything in May.
Speaker 1:
He doesn’t care about the Council’s feelings. This is what they’re elected to do. Would the
Council like him to give a presentation on the data? You could make a motion
Mayor Lindstrom:
You’re welcome to come up to the podium at any Council meeting during community forum.
Tom Baldwin- 1716 Albert St:
They cannot make a motion on anything that is not on the printed agenda. It has to be posted
for 72 hours. Is there anything going on the with the Police Department on the testament that
has already been heard about mistreatments?
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City Administrator Thongvanh:
Every week he has been updating the Council on what has been happening in the city.
Administrator Thongvanh received a phone call from someone who said that they were pulled
over for a broken taillight and given a warning. They claimed it was harassment. Administrator
stated that driving is a privilege, and making sure that your vehicle is compliance with State
Statute. Even though a broken taillight may seem like a small infraction, but what would
happen if that same person was driving down the highway and gets rear ended and causes an
accident that may result in injuries? A warning should not be perceived as harassment, but as
a reminder that something needs to be correct for the safety of the driver and others on the
road.
He can’t say he understands what a young African American man goes through and they can’t
say they’ve understood what he’s experienced. Same thing with the Council Members. He is
thankful that he lives in a country where there are opportunities to speak to elected officials in a
community forum.
He is listening, and the Council is listening. The people present at the meeting has to
understand that the Council also has to take into consideration all the emails and phone calls
that they have received from residents that have opposite viewpoints. The Council has to
consider all the information, including all the facts that they may not have. St. Anthony is
looking into ways to do change or modify policing differently and corrective actions as well.
The Council isn’t planning to wait until May 1st to implement recommendations that can be
easily implemented.
Tom Baldwin- 1716 Albert St:
He agrees, but we cannot stop trying to be better. We need to make policing better. His other
suggestion is that the Council gets a monthly review/report of police activity in the city and
summary of the types of stops and action.
Speaker 1:
If you can talk about racism but not do anything about it, you’re complicit in systematic racism.
He wasn’t addressing any of the Council or staff directly, he’s addressing the system that’s
supposed to give us all these freedoms.
Mr. Kaleit:
People aren’t asking the Council to rush to judgement, but he hopes that the Council doesn’t
just look at the end results of that stop. He hopes that the Council looks at everything that lead
up to that shooting. Many of the stops that we have seen on the news were a result of racial bias
policing. When are you going to make a decision? After John Choi releases his decision? After a
trial, if there is one?
Mayor Lindstrom:
We are looking at the big picture in regards to racial bias.
Mr. Kaleit:
Are you looking into this specific shooting?
Mayor Lindstrom:
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The task force will not be specifically looking into this shooting. The Council is looking at
overall policing in the city.
Mr. Kaleit:
Who will make the decision on the contract?
Mayor Lindstrom:
What happens to the contract will be up to the Council. The Council will look at the
recommendation that the Task Force makes, and they will pass those recommendations onto
SAPD to have a conversation about whether or not those values match and if they will be
implemented. The latest that the decision about the contract will be made is July of 2017.
Mr. Kaleit:
You’re trying to transform SAPD to fit your model.
Council Member Gustafson:
Is it that you’re not hearing that we’re taking action leading directly to the outcome that you’d
like to see happen rather than to see the Council take action to determine what the decision
should be? This is what the Council is attempting to do by forming this Task Force. We cannot
simply disregard the contract. We need to have officers working in the city. We cannot just give
up the police contract and hope that one of the departments nearby will come to help when we
need it. In order to contract with a new police department, the Council would need to make a
request for proposal and determine what we want that proposal to include. In order to make a
complete proposal, the Council needs to determine what those values are that we’re looking for.
In order to do that we’ve set in place the process to make that happen. This process doesn’t
happen overnight or even in two weeks. The Council is working toward having officers that do
not have racial bias, and if they have implicit bias to work through that and learn from one
another. He apologizes that this process can’t happen quickly, and he apologizes for what has
happened throughout the years. We are working to be better. Once facts come before the
Council they will deem what actions are appropriate.
Mr. Kaleit:
Will the Council be making the decisions after Mr. Choi makes his decision?
Council Member Fischer:
In order for him to make a decision on the contract he needs to know a minimum of three
things: the distance of the gap from where we are to where we want to be, if SAPD is willing to
bridge that gap, and he needs to know if there is a better law enforcement service available to
the city.
Mr. Kaleit:
You’re not going to hold St. Anthony accountable?
Council Member Gustafson:
The Council is going to follow the process that they can and will do so.
Speaker 2:
She apologizes for raising her voice, and she wants to be able to convey her point. She can
understand not knowing the facts of the whole situation. A fact that she does know, when it
comes to white individuals the law has no problem apprehending them without killing them.
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The fact is that this man was killed because of a traffic stop. He didn’t kill anybody. When
Council Member Gustafson brings up needing facts, the fact of the matter is that Philando is
dead and he could have still been alive. She understands that the Council can’t fix history.
They’re not asking the Council to fix centuries. They’re not comparing struggles, but they are
walking the same line. Even though you’re not black, you’re not them either.
Rachel Nickles- Former Falcon Heights resident, current St. Paul resident:
What she’s hearing is confusing. Can somebody choose to make a motion in the next meetings?
Can Chief Mangseth attend an upcoming meeting? It’s hard to hear that the Council needs nine
elected people on a task force to tell them what the audience has been saying this whole time.
Where’s the difference? Paula’s whole family has put together reports with the information that
you seem to not have. Are you waiting for the BCA? Those facts don’t represent what Falcon
Heights wants from their officers.
J. ADJOURNMENT: 9:52 pm
_____________________________
Peter Lindstrom, Mayor Dated this 12th day of October, 2016
__________________________________
Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 10/19/16: $77,560.00
Payroll through: 10/15/16: $20,715.91
Budget Impact The general disbursements and payroll are consistent with the budget.
Attachment(s) · General Disbursements and Payroll
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve general
disbursements and payroll.
Meeting Date October 26, 2016
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Statutory Tort Limits Liability Coverage for City in 2017
Description
Effective January 1, 2017, the statutory tort limits for the City of Falcon Heights
under our insurance policy with the League of Minnesota Cities Insurance Trust
will continue to be $1,500,000. An individual claimant would be able to recover no
more than $500,000 on any claim to which the statutory tort limits apply. The total
which all claimants would be able to recover for a single occurrence to which
statutory tort limits apply would be limited to $1,500,000.
The League of Minnesota Cities Insurance Trust is requesting that cities determine if
they wish to waive the statutory tort limits for 2017. Under certain circumstances
the LMCIT, which represents the city in these claims, may negotiate above the legal
liability limit if necessary because some claims like employment are exempt from
the cap. The general council from the LMCIT states that cities make different
choices depending upon their circumstances. However, they perceived that
maintaining the limit was prudent in many cases. The city has had no claims for
settlements for several years. Since 2000, the city council has voted not to waive the
statutory tort limits.
Budget Impact NA
Attachment(s) Liability Coverage Waiver Form from the League of Minnesota Insurance Trust
(LMCIT)
Action(s)
Requested
Staff recommends that the city council approve a motion not to waive the city’s
statutory tort limits for 2017 and authorize the City Administrator to execute all
documents.
Meeting Date October 26, 2016
Agenda Item Consent F2
Attachment Waiver Form
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item CommonBond Communities – LCA-TOD Predevelopment Grant
Description
The City received a request from CommonBond Communities to submit an
application for the Metropolitan Council’s Livable Communities Pre-Development
Grant. The purpose of TOD grants is to promote moderate to high density
development projects located within walking distance of major transit stop that
typically include a mix of uses such as housing, jobs, restaurants, shops, and
entertainment.
CommonBond Communities cannot not submit an application. Eligible applicants
are:
1. Municipality
2. Metropolitan County
3. Housing and Redevelopment Authority, Economic Development Authority,
Community Development Authority or Port Authority
The second round for applications are due by November 1, 2016.
Budget Impact · The grant requires a 25% match to the project.
Attachment(s) · Resolution 16-35 Identifying the Need for Livable Communities Transit
Oriented Development Funding and Authorizing Application for Grant
Funds
· Grant Application Materials
· Ordinance 13-02 Amending Chapter 113 of the Falcon Heights City Code,
The Zoning Ordinance, Rezoning Property to Planned Unit Development
(PUD)
Action(s)
Requested
To move forward with the application, the City Council would have to approve the
attached resolution and authorize the City Administrator and Mayor to execute all
related documents.
Meeting Date October 26, 2016
Agenda Item Policy G1
Attachment Resolution
Submitted By Sack Thongvanh, City Administrator
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April 2016
LCA-TOD PRE-DEVELOPMENT,
ZONING IMPLEMENTATION, AND SITE
INVESTIGATION GUIDE
2016 LIVABLE COMMUNITIES TRANSIT-ORIENTED DEVELOPMENT GRANTS
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The Council’s mission is to foster
efficient and economic growth for
a prosperous metropolitan region.
Metropolitan Council Members
Adam Duininck Chair Katie Rodriguez District 1 Lona Schreiber District 2
Jennifer Munt District 3 Deb Barber District 4 Steve Elkins District 5
Gail Dorfman District 6 Gary L. Cunningham District 7 Cara Letofsky District 8
Edward Reynoso District 9 Marie McCarthy District 10 Sandy Rummel District 11
Harry Melander District 12 Richard Kramer District 13 Jon Commers District 14
Steven T. Chávez District 15 Wendy Wulff District 16
The Metropolitan Council is the regional planning organization for the seven-county Twin Cities area. The Council operates the
regional bus and rail system, collects and treats wastewater, coordinates regional water resources, plans and helps fund regional parks, and administers federal funds that provide
housing opportunities for low- and moderate-income individuals and families. The 17-member Council board is appointed by and serves at the pleasure of the governor. This publication printed on recycled paper.
On request, this publication will be made available in alternative formats to people with disabilities. Call Metropolitan Council information at 651-602-1140 or TTY 651-291-0904.
The cover image is of Eastside Saint Paul Weehouse EcoVillage, a 2015 LCA-TOD Pre-Development funded project. Page 32 of 73
Table of Contents
Section 1: General Information about LCA-TOD Pre-development, Zoning Implementation, and Site Investigation Grants ........................................................................................................................ 3 Purpose of Livable Communities Grants ............................................................................................... 3 Purpose of TOD Grants ......................................................................................................................... 3 Types of TOD Grants ............................................................................................................................ 3 Section 2: Eligible Applicants, Qualifying Sites, and Eligible Uses ................................................... 4
Who is eligible to apply for a TOD grant? .............................................................................................. 4 What is a Metropolitan Council designated “Eligible TOD Area?” ......................................................... 4 Section 3: Eligible and Ineligible Uses of Grant Funds ....................................................................... 5
TOD Pre-Development and Zoning ....................................................................................................... 5 TOD Site Investigation .......................................................................................................................... 6 Section 4: 2016 Schedule, Grant Requirements and Terms ............................................................... 7
2016 Schedule ...................................................................................................................................... 7 2016 Grant Terms and Match Requirements ........................................................................................ 7 Section 5: Completing the LCA-TOD Pre-Development Application ................................................. 8
Accessing the Application ..................................................................................................................... 8 Section 6: Evaluation Process for TOD grants .................................................................................... 9 Ranking Criteria for LCA TOD Pre-Development, Site Investigation, and Zoning Implementation
Proposals .............................................................................................................................................. 9 Key considerations for a successful LCDA TOD Pre-Development or Zoning Implementation application ........................................................................................................................................... 12 Section 8: Reporting Requirements .................................................................................................... 14 Section 9: Appendices ......................................................................................................................... 15
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Section 1: General Information about LCA-TOD Pre-development, Zoning Implementation, and Site Investigation Grants
Purpose of Livable Communities Grants
The Metropolitan Livable Communities Act1 (LCA) created both the TBRA and LCDA to promote the purposes of the Act and the outcomes of Thrive MSP 2040:
1. Develop land uses in centers linked to the local and Regional transportation systems;
2. Efficiently connect housing, jobs, retail centers and civic uses;
3. Develop a range of housing densities, types and costs; and
4. Conserve, protect and enhance natural resources by means of development that is sensitive to
the environment.
Purpose of TOD Grants
The LCA Transit Oriented Development grants are extensions of the regular TBRA and LCDA grant programs. The Council’s TOD grants promote moderate to high density development projects located within walking distance of a major transit stop that typically include a mix of uses such as housing, jobs, restaurants, shops, and entertainment.
Types of TOD Grants
1. LCDA-TOD Development – these grants are intended for applicants that are ready to begin a development or redevelopment project and the land and/or infrastructure necessary to support it. This grant category includes site acquisition and site preparation.
2. TBRA-TOD Cleanup – these grants are intended for applicants that have recently completed their cleanup site investigation and are seeking public funding to assist with the cost of implementing a cleanup plan and/or beginning redevelopment. TBRA-TOD Cleanup grants are
only eligible when applied for in conjunction with a LCDA-TOD Development grant.
3. LCDA-TOD Pre-development– these grants are intended for applicants that are defining their TOD project through such activities as design workshops, architectural work to generate site
plans, financial analyses, market studies, appraisals, project-specific stormwater management plans, soil testing, and environmental, fiscal, traffic, or gentrification impact analyses in support of an identified Future Development Project.
4. TBRA-TOD Site Investigation – Investigation grants are intended for applicants that have a redevelopment site with suspected or perceived contamination and are seeking public funding to determine the scope and severity of the contamination and to develop a cleanup plan as part of the pre-development planning for a specific redevelopment project.
5. LCDA-TOD Zoning Implementation – these grants are intended for applicants that have plans
for transit stops or station areas and need to develop zoning or other local controls, such as form-based codes to implement those plans. No development project is required for applications for this category of funding.
1 Minnesota Statutes section 473.25
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Section 2: Eligible Applicants, Qualifying Sites, and Eligible Uses
Who is eligible to apply for a TOD grant?
By state statute, applicants must be a local governmental unit, which may be a:
1. Municipality (a statutory or home rule charter city or township) currently participating in the Metropolitan Livable Communities Housing Incentives Program 2. Metropolitan county 3. Housing and Redevelopment Authority, Economic Development Authority, Community
Development Authority or Port Authority Projects proposed by categories (2) and (3) must be located in participating municipalities with an eligible TOD Area.
Developers cannot apply and cannot be the grantee. However, developers are encouraged to
partner with eligible applicants to submit applications.
What is a Metropolitan Council designated “Eligible TOD Area?”
The LCA-TOD program leverages the Region’s public investment in its transit infrastructure by focusing on proposals that are located within Council designated “TOD Areas” described as within:
• A ½-mile radius of an existing station on the following transit lines:
o Blue and Green Light Rail Lines
o Red and A Line Bus Rapid Transit Lines o Northstar Commuter Rail Line
• A ½-mile radius of stations in design on the Green Line Extension (excluding deferred stations) and the Orange Bus Rapid Transit Line
• A ½-mile radius of a bus stop or station on high-frequency express routes. High-frequency express service is defined as bus service on or outside the I494/694 freeways providing six or
more trips during at least one of the peak morning hours between 6:00 AM and 9:00 AM and every 10 minutes during the peak morning hour
• Any spot within ¼-mile along high frequency local bus lines, defined as those routes providing service at least every 15 minutes and running between 6:00 AM to 7 PM on week days and between 9:00 AM and 6:00 PM on Saturdays.
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Section 3: Eligible and Ineligible Uses of Grant Funds
TOD Pre-
Development and Zoning
Eligible Uses Ineligible Uses Eligible uses to which future development
project criteria (see Definition of Terms section) applies:
• Architectural work to generate site plans or development staging plans for an
identified parcel or multiple contiguous parcels;
• Design workshops for development alternatives;
• Financial analysis to determine the feasibility of one or many development scenarios for an identified parcel or
multiple parcels, leading to the development of a pro-forma, provided that the development scenario/s meet
the Future Project Threshold Criteria below;
• Market study to determine the demand for the proposed development project;
• Appraisals;
• Project-specific stormwater management
plans;
• Soil testing to determine feasible land uses for site (not environmental testing); and
• Environmental, fiscal, traffic, or gentrification impact analysis needed to advance project through city and/or
community planning process.
Eligible uses to which future development project criteria DOES NOT apply:
• Creation of TOD implementation zoning ordinances
• Corridor or station area plans;
• Station area analysis of alternatives for market mix, land use mix, economic feasibility, or for air, water, or energy uses; and
• Strategies for land banking and acquisition.
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TOD Site Investigation
Eligible Costs Ineligible Costs
Creating or updating environmental investigation documents including *
o Phase I environmental site assessment
o Phase II environmental site assessment
work plans
o Phase II environmental site assessment
o Hazardous building materials assessment
o Development of a Response Action Plan
o Abatement plans
o Asbestos emissions control plans (ECP)
Limited demolition (as necessary to assess contamination ONLY)
Environmental oversight
“Soft costs” such as:
o Administrative overhead,
o Travel expenses,
o Legal fees,
o Bonds,
o Insurance,
o Permits,
o Licenses or authorization fees,
o Costs associated with preparing grant proposals or applications or
bids,
o Applicant’s project coordination costs, operating expenses, planning costs, and prorated lease and salary costs.
Cleanup or abatement costs
Construction costs (e.g., geotechnical or structural assessments)
Costs for environmental assessments outside of the redevelopment site (as
identified in the application)
Environmental site investigation funding for costs already incurred
TBRA-TOD grants funds may also be used for recently-incurred environmental site investigation costs related to contaminated site cleanup. • The investigation work must be done no more than 180 days prior to July 1, 2016.
• Eligible uses of funds include:
• Conducting Phase I and Phase II environmental site investigations and preparation of RAPs developed in conjunction with the PCA for hazardous waste; or Development Response Action Plans (DRAPs) developed in conjunction with the
PCA for petroleum; or
• Preparing asbestos abatement plans that meet Asbestos Hazard Emergency;
• Response Act and Minnesota Department of Health (MDH) standards; or
• Preparing lead-based paint abatement plans that meet MDH standards and the Toxic Substances Control Act.
• The costs for the investigation work will only be reimbursed if the TBRA-TOD applicant’s overall TOD project is recommended for funding.
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See Appendix 7 for a full list of all eligible LCA-TOD uses
Section 4: 2016 Schedule, Grant Requirements and Terms
2016 Schedule
In 2016, the Council will offer two competitive rounds of Pre-Development, Site Investigation, and Zoning Implementation funding:
Application Type Month Activity
LCDA-TOD
Pre-Development
March 24 Notice of funding availability
June 6 Round 1 applications due
July 18 (tentative) Community Development Committee recommends grant awards
August 10 (tentative) Metropolitan Council awards Round 1 grants
September 2 (tentative) Notice of funding availability
November 1 (tentative) Round 2 applications due
November 21 (tentative) Community Development Committee recommends grant awards
December 14 (tentative) Metropolitan Council awards Round 2 grants
2016 Grant Terms and Match Requirements
LCDA-TOD Pre-Development And TBRA-TOD Site Investigation
LCDA- TOD Zoning Implementation
Local match 25% 25%
Grant terms 2 years 2 years
Term extensions
Not available Not available
Award limits $100,000 per round, per city
$50,000 cap on request – Site Investigation
$100,000 per round, per city
Number of applications
No more than 3, combined
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Section 5: Completing the LCA-TOD Pre-Development Application
Accessing the Application
The Council has a web-based management system for grant application, evaluation, and payment requests. WebGrants is entirely online and will cover nearly all phases of grants management across every Council grant program. The 2016 LCDA Pre-Development and Zoning
Implementation application is only available through the WebGrants system. To begin the application process, visit https://metrocouncilgrants.org/index.do
If you are new to WebGrants, read the WebGrants User Guide first. The guide is available online at http://www.metrocouncil.org/METC/files/48/48307f04-f1b7-4269-868c-
76b87a4d3258.pdf
Each application requires a resolution of support from the City in which the TOD Project is located. Two resolutions are attached to the funding opportunity in WebGrants: one for applicants submitting only one TOD grant application in this round of funding and another for applicants
submitting multiple applications. Applications for combined LCDA TOD and TBRA TOD funding count as one application. Applicants submitting more than one application must rank their applications according to their own priorities. Applications from counties, economic development
authority or port authority for projects in an eligible community require a resolution of support from the county or authority. Resolutions are due within 30 days after submittal of the completed application in WebGrants. Resolutions can be uploaded through the “Attachments” application
form within WebGrants.
For assistance with questions regarding application interpretation or assistance, contact:
Erin Heelan at (651) 602-1633 or erin.heelan@metc.state.mn.us
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Section 6: Evaluation Process for TOD grants
Ranking Criteria for LCA TOD Pre-Development, Site Investigation, and Zoning Implementation Proposals
The evaluation process for pre-development and site investigation proposals will be conducted by a staff evaluation team. Pre-development and site investigation proposals will be scored on the degree to which the proposed activities will enhance the potential for
a future development or redevelopment project to exemplify the goals of the LCA-TOD program.
LCDA-TOD Pre-Development, TOD Zoning Implementation and TBRA-TOD Site Investigation
Threshold Criteria
Transit-Oriented Development Design Features in the TOD Area
• The development project must be comply with an approved station area plan or
small area plan that demonstrates the following TOD design features:
• Minimal building setbacks.
• Short blocks with pedestrian connections adjacent to the buildings.
• Optimal pedestrian convenience between station and other connecting transit.
• A range of housing densities, types and costs.
• Connections between housing, retail, employment centers and recreational uses
• Cycling and walking conveniences.
• Current and future employment opportunities within the TOD Area and within the
connecting transit corridor/corridors.
• Conservation, protection, and enhancement of natural resources.
• Residential and commercial parking is limited, shared between uses, located to the
rear of buildings, and/or is structured.
Pass Fail
Housing and Economic Diversity Considerations within the TOD Area
City has adopted a policy/plan/guideline or other official local control to:
Address both the preservation of existing subsidized and naturally occurring affordable
housing units in the TOD Area and
• The addition of affordable housing units in the TOD Area.
or
• The addition of higher-value housing in lower-income areas to achieve a mix of
housing affordability.
Pass Fail
Address how the applicant will proactively and intentionally address gentrification. Pass Fail
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Evaluation Criteria for LCDA-TOD Pre-Development and TBRA-TOD Site Investigation with an Identified Future Development Project Possible Points
Applications will be evaluated on the degree to which the proposed activities will enhance the potential for an associated development or redevelopment project to:
Transit Accessibility, Walkability, and Ridership
• Provide the opportunity for residents and/or employees in the TOD Area to live or work
there without relying on an automobile to meet daily needs by using transit or walking; to
reduce automobile ownership, vehicular traffic, and associated parking requirements that
would otherwise be necessary to support a similar level of more traditional development.
15
• Provide ridership impact.
Housing
• Produce affordable and/or life-cycle housing.
• Assist the city in meeting its affordable and life-cycle housing goals.
• The proposal’s ability to create or preserve a mix of housing affordability within the station
area.
15
Jobs
Create or preserve employment opportunities. 15
TOD Design
• Potential for TOD design features to be included in final design/project implementation.
• Intensify future use of the site. 15
Partnerships and Readiness
• The potential for meaningful and appropriate public engagement in carrying out the
activities funded by a TOD Pre-Development grant.
• Financial commitment for the pre-development and/or site investigation activities.
• Political commitment for the future development or redevelopment project.
• The extent to which the proposed project is ready and able to use the grant, if awarded,
within the 24-month grant term. (Higher points will be given for more advanced projects on
the pre-development continuum.)
10
TOD Model/Demonstration Value
• The project’s demonstration value and potential to provide area-wide benefits.
• The ability of the proposed pre-development activities to evolve into a future development
or redevelopment project that could be a model of TOD.
15
Catalyst
• The extent to which TOD funding-requested element will be a catalyst to implement the
project of which it is a part.
• The extent to which the proposed development project will catalyze additional development
and private investment to future project phases and/or to the immediate area.
5
Total 90
Applications must score at least 54 of the total 90 available points
(Continued on next page)
Evaluation Criteria for LCDA-TOD Pre-Development and TBRA-TOD Site Possible Points
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Investigation with an Identified Future Development Project
Housing Performance Score
The applicant’s Housing Performance Score will be converted from a 100 point scale to a 10 point scale. If a proposed project includes new affordable housing or if a significant amount of affordable housing is already located within the project site/area, the proposal will be held harmless by assigning the higher of the community’s actual performance score or the average performance scores from all proposals being evaluated.
10
Overall Total 100
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Key considerations for a successful LCDA TOD Pre-Development or Zoning Implementation application
1. Not every good future development or redevelopment project or zoning implementation consideration is a good subject for a LCA TOD Pre-Development or Zoning Implementation grant. To qualify for funds and score competitively, the application must make it clear how the project will address statutory and Thrive LCA goals, which are:
• interrelating development or redevelopment and transit;
• interrelating affordable housing and employment growth areas;
• intensifying land use that leads to more compact development or redevelopment;
• involving development or redeveloping that mixes incomes of residents in housing, including introducing or reintroducing higher value housing in lower income areas to
achieve a mix of housing opportunities; and/or
• encouraging public infrastructure investments which connect urban neighborhoods and
suburban communities, attract private sector development investment in commercial and residential properties adjacent to the public improvement, and provide project area residents with expanded opportunities for private sector employment.
2. The application is designed to focus on a specific future development or redevelopment project that exemplifies LCA goals. As the program name implies, the future development or redevelopment project needs to pursue an end result that can be demonstrated or
replicated elsewhere in the region. Examples include: Will the project utilize an innovative collaboration? Is it sited in a unique way? Is there some element of the project’s funding, implementation or design that hasn’t been done locally? Can some quality, element, or
portion of this project serve as an example elsewhere in the region? Fully address the appropriate questions within the application to claim the benefit of these elements.
3. When filling out the grant application, is it important to distinguish between the future development project and its constituent grant-funded activities. The future development project is the development or redevelopment work that through its design and execution will deliver benefits such as housing, connections, and/or jobs to the region. The activities for which grant funds are requested are conducted in support of the overall project and must be completed during the grant term.
Note that unless otherwise instructed, your answers should pertain only to the project that will be catalyzed by the Pre-Development project.
4. For important TOD specific criteria for projects seeking LCA-TOD funding and each of the
demonstration categories please refer to the Handbook for Transit –Oriented Development Grants:http://metrocouncil.org/Communities/Services/Livable-Communities-Grants/Transit-Oriented-Development.aspx
Evaluation Criteria for Pre-Development TOD Implementation Zoning Ordinances Applications
Possible Points Applications will be evaluated on the degree to which the proposed activities will enhance the potential for the TOD Area to:
Transit Accessibility, Walkability, and Ridership • Provide the opportunity for residents and/or employees in the TOD Area to live or work there without relying on an automobile to meet daily needs by using transit or walking; to reduce automobile ownership, vehicular traffic, and associated parking
requirements that would otherwise be necessary to support a similar level of more traditional development.
20
• Provide ridership impact.
TOD Design • Demonstrate TOD design features.
• Intensify future use of the site. 25
Partnerships and Readiness • The potential for meaningful and appropriate public egagement in carrying out the activities funded by an LCDA-TOD Pre-Development grant.
• Financial commitment for the pre-development and/or site investigation activities.
• Political commitment for the future development or redevelopment project.
• The extent to which the proposed project is ready and able to use the TOD grant, if awarded, within the 24-month grant term. (Higher points will be given for more
advanced projects on the predevelopment continuum.)
15
TOD Model/Demonstration Value The ability of the proposed pre-development activities to evolve into a future development or redevelopment project that could be a model of TOD, highlighting TOD design
features.
20
Catalyst • The extent to which TOD funding-requested element(s) will be a catalyst to implement the project of which it is a part.
• The extent to which the proposed project will catalyze additional development and
private investment to future project phases and/or to the immediate area.
10
Total 90 Applications must score at least 54 of the 90 available points Housing Performance Score The applicant’s Housing Performance Score will be converted from a 100 point scale to a
10 point scale. If a proposed project includes new affordable housing or if a significant amount of affordable housing is already located within the project site/area, the proposal will be held harmless by assigning the higher of the community’s actual performance
score or the average performance scores from all proposals being evaluated.
10
Overall Total 100
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5. Livable Communities staff will review submittals to ensure all required elements have been received. Incomplete applications may be disqualified.
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Section 8: Reporting Requirements
Grantees are required to submit periodic progress reports. The detail supplied with payment requests comprises the bulk of the progress reports, which are augmented with semi-annual reports. A final progress report is required with the last payment request. When a grant is closed, the grantee’s chief financial officer is required to certify to the appropriate expenditure of grant funds.
Grantees that have not fully implemented the required threshold criteria must also report regularly on their progress towards doing so.
Recipients of LCDA-TOD Pre-Development grants must supply a copy of the final work product
funded by the grant award.
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Section 9: Appendices
Appendix 1: Using Make-a-Map Livable Communities is excited to announce the release of an updated Make-a-Map tool, which has been customized for LCA Grants. To access Make-a-Map, follow this link:
http://giswebsite.metc.state.mn.us/publicmaps/lca
How Create the Required Maps for LCDA and LCA-TOD
NOTE: the required 40-scale site plan for LCA-TOD design workshops will need to be generated by the applicant outside of the Make-a-Map application.
1. Enter an address or landmark in the
search bar to navigate to your project area.
2. Click “Sketch the Project” and select the
appropriate grant category, either Livable Communities Demonstration Account or Transit Oriented Development. Provide a
name for your project.
3. You may use the zoom and pan buttons to navigate to your project site. Click “Sketch a Boundary” and, using the crosshair as a guide, draw the project boundary. A gray polygon with a red outline will begin to appear. Once you have finished outlining the boundary, double click to close the polygon. If there are multiple, non-contiguous parcels that are part of your Project, you have the option of sketching
another boundary.
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4. Click “Sketch walking route” and draw the most direct walking route between the project site and the TOD station. Only draw the walking route along publically-accessible
(privately or publically-owned) paths, plazas, or other pedestrian areas. Do not draw the route across parking lots.
5. Double click to terminate the walking route. A linear distance is automatically calculated,
and depending on the number of stations available within ½-mile of the project, several station areas may appear. Click the drop-down menu and select the Named TOD-Eligible Station for your project.
6. Select “Print” and “Create the maps.” The system will generate two maps for LCDA and
three maps for LCA-TOD. Please be patient – depending on your connection, it can take up to one minute to generate the maps.
7. Click each PDF to download them separately.
If you have any questions about using Make-a-Map, consult the Make-a-Map help section or contact LCA staff.
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Appendix 2: Submittal instructions and required attachments
Applications and all attachments must be submitted by 5pm on Monday, June 6th (Round 1) or Monday, October 31st (Round 2). No late submittals will be accepted. Convert all attachments to PDF. There is no file size limit for attachments in WebGrants. Access WebGrants online at: https://metrocouncilgrants.org/index.do
For assistance with questions regarding application interpretation or assistance, contact:
Erin Heelan (651) 602-1633
erin.heelan@metc.state.mn.us
TOD-Required Attachments (LCDA-TOD Pre-Development) The following attachments are required for LCDA-TOD Pre-development, in compressed PDF format:
• Parcel Map (from Make-a-Map)
• Aerial view (from Make-a-Map)
• Overview map (from Make-a-Map)
• Walk route map (from Make-a-Map)
• Site Plan
The Site Plan must:
• Show the Project site in detail and how it relates to the Named TOD Area showing the location of all requested elements and all proposed TOD Project construction. Note: any references to TOD Project elements within the narrative must be illustrated on the site plan. For example, if a trailhead is mentioned in the narrative, the trailhead must be shown on the site plan. If rain gardens are being requested as a grant-funded activity, the location of each rain garden must be shown on the site plan.
• Include the following basic elements: scale bar, north arrow, and a title block listing
the name of the project.
• Include the following naming convention: “Site plan – [TOD Project name]” and
present it in PDF.
• Resolution of Local Support
NOTE: See Appendix X for projects involving a city only; See Appendix X for an
application submitted by a county – a joint county-city resolution is required. The appropriate resolution may be submitted with the application or within 30 days after the
application due date.
Name the resolution “Resolution – [TOD Project name]” for a single application and “Resolution – City of XXXXX” if you are submitting more than one application.
• Elevation. Name the PDF file “Elevation – [TOD Project name].”
• If completed, a station area/small area plan, adopted by the City. Name the Excel file “Sources & Uses – [TOD Project name].”
Other Attachments
• Up to 5 additional, one-page renderings (perspectives, sections, diagrams, photos, etc.)
When all sections have been completed, review your application for accuracy and click “submit.” You will not be allowed to make any changes once the application has been submitted to the Council.
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Appendix 3: Applicant Resources
Transit-Oriented Development
U.S. Department of Housing and Urban Development
http://www.hud.gov/offices/cpd/about/conplan/pdf/Fostering_Equitable_and_Sustainable_TOD.pdf Urban Land Institute: Ten Principles for Successful Development Around Transit, www.uli.org/ResearchAndPublications/Reports/~/media/Documents/ResearchAndPublications/Reports/ Ten Principles/TP_DevTransit.ashx Reconnecting America, Center for Transit-Oriented Development, www.reconnectingamerica.org/public/reports “What Does Density Look Like?” http://www.minneapolismn.gov/www/groups/public/@cped/documents/webcontent/convert_266012
.pdf Saint Paul Transit-Oriented Development Guidebook for the Central Corridor
http://www.stpaul.gov/DocumentCenter/Home/View/19527
Transit Corridors
Regional Transportation: http://www.metrocouncil.org/transportation/transportation.htm METRO Green Line: http://metrocouncil.org/Transportation/Projects/Current-Projects/Central-Corridor.aspx METRO Blue Line: http://www.metrotransit.org/metro-blue-line
METRO Red Line: http://www.metrotransit.org/metro-red-line Northstar Commuter Rail: http://www.metrotransit.org/northstar
METRO Green Line Extension: http://www.metrocouncil.org/Transportation/Projects/Current-
Projects/Southwest-LRT.aspx METRO Blue Line Extension: http://www.metrocouncil.org/Transportation/Projects/Furture-
Projects/Bottineau-Transitway.aspx A Line Arterial BRT: http://www.metrotransit.org/snelling-BRT
Active Living and Complete Streets
Active Living Hennepin Communities: www.hennepin.us/activeliving Active Design Guidelines: http://www1.nyc.gov/site/ddc/about/active-design.page Minnesota Complete Streets Coalition: www.mncompletestreets.org/ Soil Vapor Mitigation Risk-Based Guidance for the Vapor Intrusion Pathway: http://www.pca.state.mn.us/index.php/view-
document.html?gid=3162
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Appendix 4: Required Resolution from Applicants with a Single Application RESOLUTION NO.
CITY OF , MINNESOTA
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES TRANSIT ORIENTED DEVELOPMENT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS the City of is a participant in the Metropolitan Livable Communities Act (“LCA”) Local Housing Incentives Program for 2016 as determined by the Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities Demonstration Account and Tax Base Revitalization Account Transit Oriented Development (collectively, “TOD”) funds; and
WHEREAS the City has identified a proposed project within the City that meets TOD purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and
WHEREAS the City has the institutional, managerial and financial capability to adequately manage an LCA-TOD grant ;
and
WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and
WHEREAS the City acknowledges TOD grants are intended to fund projects or project components that can serve as models, examples or prototypes for TOD development or redevelopment elsewhere in the Region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and
WHEREAS only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities TOD initiative during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of TOD grant funding.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City:
1. Finds that it is in the best interests of the City’s development goals and priorities for the proposed TOD Project to occur at this particular site and at this particular time.
2. Finds that the TOD Project component(s) for which Livable Communities TOD funding is sought:
(a) will not occur solely through private or other public investment within the reasonably foreseeable future; and
(b) will occur within the term of the grant award (two years for Pre-Development grants, and three years for Development grants, one year for Cleanup Site Investigation grants and three years
for Cleanup grants) only if Livable Communities TOD funding is made available for this project at this time.
3. Authorizes its to submit on behalf of the City an application for Metropolitan Council Livable Communities TOD grant funds for the TOD Project component(s) identified in the application, and to execute such agreements as may be necessary to implement the TOD Project on behalf of the City.
Adopted this day of _, 2016.
Mayor Clerk
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Appendix 5: Required Resolution for Applicants with Multiple Applications RESOLUTION NO.
CITY OF , MINNESOTA
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES TRANSIT ORIENTED DEVELOPMENT FUNDING AND AUTHORIZING APPLICATIONS FOR GRANT FUNDS
WHEREAS the City of is a participant in the Metropolitan Livable
Communities Act (“LCA”) Local Housing Incentives Program for 2016 as determined by the Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities Demonstration Account and Tax Base Revitalization Account Transit Oriented Development
(collectively, “TOD”) funds; and
WHEREAS the City has identified proposed projects within the City that meet TOD purposes and
criteria and are consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and
WHEREAS the City has the institutional, managerial and financial capability to adequately manage an LCA-TOD grant; and
WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and
WHEREAS the City acknowledges Livable Communities TOD grants are intended to fund projects or project components that can serve as models, examples or prototypes for TOD development or redevelopment elsewhere in the Region, and therefore represents that the
proposed projects or key components of the proposed projects can be replicated in other metropolitan-area communities; and
WHEREAS only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities TOD initiative during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of TOD grant funding; and
WHEREAS cities may submit grant applications for up to three TOD Demonstration Account projects and up to six TOD Tax Base Revitalization Account during each funding cycle, but, using the city’s own internal ranking processes, must rank their projects by priority so the
Metropolitan Council may consider those priority rankings as it reviews applications and makes grant awards.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and consideration, the governing body of the City:
1. Finds that it is in the best interests of the City’s development goals and priorities for the proposed projects to occur at the sites indicated in the grant applications at this particular time.
2. Finds that the TOD Project components for which Livable Communities TOD funding is sought:
(a) will not occur solely through private or other public investment within the reasonably foreseeable future; and
(b) will occur within the term of the grant award (two years for Pre-Development grants, and three years for Development grants, one year for Cleanup Site Investigation grants and three years for Cleanup grants) only if Livable Communities TOD funding is made available for these projects at this time.
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3. Ranks the TOD Project funding applications, according to the City’s own internal priorities, in the following order: (List grant applications here; the total number of Development (including combined Development and Cleanup) and Pre- Development grant applications from the City cannot exceed three. Funding requests for both TBRA and LCDA grant funds listed in the same application will be counted as one application for purposes of the limit of numbers of applications.)
Priority LCA_TOD Project Names Grant amount requested
1
2
3
4. Authorizes its to submit on behalf of the City applications for Metropolitan Council Livable Communities TOD grant funds for the TOD
Project components identified in the applications, and to execute such agreements as may be
necessary to implement the projects on behalf of the City.
Adopted this day of , 2016.
Mayor Clerk
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Appendix 6: Sample Resolution for County/EDA/Port Authority Applicants RESOLUTION NO. _______
COUNTY OF ___________________________, MINNESOTA
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING APPLICATIONS FOR GRANT FUNDS
WHEREAS the County/EDA/Port Authority of ____________________ is eligible to apply for Livable Communities Demonstration Account funds on behalf of cities participating in the Livable Communities Act’s Housing Incentives Program for 2016 as determined by the Metropolitan Council; and
WHEREAS the County/EDA/Port Authority has identified proposed projects within the City of ________________ that meet the Demonstration Account’s purposes and criteria and are consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the
Metropolitan Council’s adopted metropolitan development guide; and
WHEREAS the County/EDA/Port Authority has the institutional, managerial and financial capability to ensure adequate project administration; and
WHEREAS the County/EDA/Port Authority certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and
WHEREAS the County/EDA/Port Authority agrees to act as legal sponsor for the projects contained in the grant applications submitted on ____________________, 2016;
WHEREAS the County/EDA/Port Authority acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed projects or key components of the proposed projects can be replicated in
other metropolitan-area communities; and
WHEREAS only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council
has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding.
THEREFORE, the County/EDA/Port Authority of ______________ authorizes its’ Executive Director to
submit an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project components identified in the application, and to execute such agreements as may be necessary to implement the projects on behalf of the City of ________________, where the project is
located.
Adopted this ___ day of ______________, 2016.
__________________________________ ___________________________________
Executive Director
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Appendix 6a: Required Resolution for Counties, EDAs, or Port Authorities
RESOLUTION NO.
CITY OF _, MINNESOTA
RESOLUTION IDENTIFYING SUPPORT OF AN APPLICATION FOR A LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) GRANT SUBMITTED ON BEHALF OF A COUNTY, EDA OR PORT AUTHORITY.
As a participant in the Metropolitan Council’s Livable Communities Local Housing Incentives Account program, the city of (name of city or township) supports the application, and any resulting funding award,
for the _(project name) being submitted by the (name of eligible county/EDA/Port Authority).
Adopted this day of , 2016.
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Appendix 7: LCA-TOD Eligible Items-Quick Reference Guide
LCA-TOD Grant Program LCA TOD Pre-Development LCA TOD Development and Cleanup
Grant-Funded Activities
LCDA-TOD Pre-Development
LCDA-TOD Zoning Implementation
TBRA-TOD Site Investigation
TBRA-TOD Cleanup LCDA-TOD Development
Architectural work to generate site plans or development staging plans X
Design workshops for development alternatives X
Financial analysis of development scenarios X
Market study X
Appraisal X
Project-specific stormwater management plans X
Soil testing to determine feasible soil correction and/or structural limits for site (not environmental testing) X
Environmental, fiscal, traffic, or gentrification impact analysis X
Creation of TOD zoning ordinances X
Land acquisition after the date of award X
Land acquisition up to 12 months prior to application due date (see Application Guide) X
Holding costs X
Geotechnical work X
Conducting Phase I & Phase II environmental site assessments X X
Preparation of RAPs or DRAPs X X
Preparation of asbestos abatement plans that meet AHERA standards X X
Preparation of lead-based paint abatement plans X X
Lead-based paint removal or stabilization X
Asbestos and/or lead-based paint abatement or encapsulation X
Demolition and removal of obsolete structures (TBRA: contaminated areas only, as necessary to access contamination ONLY; LCDA: non-contaminated areas only)
X X X
Grading and soil correction (TBRA: contaminated areas only; LCDA: non-contaminated areas X X
Excavation, transportation, disposal fees for removal of contaminated soil, backfill and grading of clean soil X
Soil vapor mitigation X
Costs to document environmental monitoring systems or successful implementation of a RAP (e.g., technical writing) X X
New or realigned streets, including lighting and signage; sidewalks and benches X
Public-use or shared-use parking structures X
Extensions/modifications of local public sewer, water or telecommunication lines X
Public connecting elements, including sidewalks and trails that connect to transit and other surrounding public places X
Site-integrated transit shelters, permanent bike racks, or bridges X
Stormwater management improvements X
Placemaking functional elements X
Design and engineering for LCDA Development TOD eligible items X
Energy efficiency installations such as photovoltaic solar panels, geothermal pumps, wind turbines, or fuel cells X
Project coordination X
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Appendix 8: Definition of terms This grant category uses some terms that are specific to the category and may have other meanings
elsewhere. For the purposes of the application and evaluation of LCA-TOD Pre-Development and Zoning Implementation grant category, the following definitions apply:
• Transit Oriented Development (TOD) refers to residential and commercial centers designed to maximize access by transit and non-motorized transportation, and with other features to encourage transit ridership. A TOD neighborhood has a center with a rail or bus station,
surrounded by relatively high-density development, with progressively lower-density spreading outwards.
• The Future Development Project is the development or redevelopment project that provides the deliverables upon which the grant application is scored. The grant-funded activities do not comprise the project. All applicants seeking funding from the LCDA-TOD Pre-Development and
TBRA-TOD Site Investigation categories must be able to confirm that the proposal:
• will be located on specific, identified parcel(s)
• has an identified development program of uses (housing units, retail, office, institutional, etc.).
• includes a developer or development team that will lead the project
• is within a LCA TOD-eligible area
• The Grant-Funded Activities are components of the TOD Project described in the application for which funding is awarded (i.e., street construction, site acquisition, lead-based paint
abatement or the acquisition of a site for a future development delivering these same benefits).
• Affordable Housing is ownership or rental housing affordable to households earning
80% or less of Area Median Income (AMI). All Livable Communities Act affordable housing grant applications that include affordable housing must have a minimum 15-year affordability term, and a mechanism to ensure affordability for that term, to be considered as affordable.
• A Living Wage is 130% of the poverty guideline for a family of four within the 48 contiguous states established annually by the U. S. Department of Health and Human Services. The living
wage threshold for 2016 is $31,590.
• Areas of Concentrated Poverty are those in which 20% or more of the residents are living in
poverty
• Equitable Development creates healthy vibrant communities of opportunity where low income people, people of color, new immigrants and people with disabilities participate in and benefit from systems decisions, and activities that shape their neighborhoods.
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Appendix 9: TOD Project Requirements
All of the following are required to comprise an eligible TOD Project Pre-Development Applications:
• The applicant must be able to identify a future development project, as defined in the “Definition of Terms” section.
• The TOD future development project must involve new development, rehabilitation, redevelopment or infill development addressing the program goals or the acquisition or
preparation of a site for future development addressing those same goals. TOD projects involving rehabilitation are eligible if they have other components that address one or more of the program goals.
• The TOD future development project must be located within a Council-identified TOD area, Regional park land is ineligible.
• Grant-funded activities for LCDA–TOD Pre-Development and Zoning Implementation projects
must be completed by December 31, 2017.
• The LCDA TOD Pre-Development or Zoning Implementation project, and their future
development project must be consistent or be made consistent with the local comprehensive plan that has been reviewed by the Council as well as being consistent with any area, neighborhood, corridor or other local plan adopted by the municipality in which the TOD project
is located.
• The future development project must be in compliance with an approved station area plan or
small area plan that will be in place within one year of completion of preliminary engineering for the station’s transit line, that demonstrates the following TOD design features.* o minimal building setbacks,
o short blocks with pedestrian connections adjacent to the buildings, o optimal pedestrian convenience between Station and other connecting transit, o a range of housing densities, types and costs,
o connections between housing, retail, employment centers and recreational uses, o cycling and walking conveniences, o current and future employment opportunities within the TOD Area and within the connecting transit corridor/corridors, o conservation, protection, and enhancement of natural resources, and
o residential and commercial parking is limited, shared between uses, located to the rear of buildings, and/or is structured.
*This threshold criterion DOES NOT apply to Pre-Development requests involving the creation of TOD implementation zoning ordinances.
• If housing is planned, the TOD future development project must help achieve one or more of the affordable and lifecycle housing goals adopted by the applicant city (or the city in which the TOD project is located if the applicant is a county or county development authority) under the Local
Housing Incentives program of the Livable Communities Act.
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390 Robert Street North Saint Paul, MN 55101-1805
651.602.1000 TTY 651.291.0904 public.info@metc.state.mn.us metrocouncil.org
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
October 26, 2016
No. 16-35
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A RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES TRANSIT ORIENTED DEVELOPMENT FUNDING AND AUTHORIZING APPLICATIONS FOR GRANT FUNDS
WHEREAS, the City of Falcon Heights is a participant in the Metropolitan Livable Communities Act (“LCA”) Local Housing Incentives Program for 2016 as determined by the Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities Demonstration Account and Tax Base Revitalization Account Transit Oriented Development (collectively, “TOD”) funds; and
WHEREAS, the City has identified proposed projects within the City that meet TOD purposes and criteria and are consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and
WHEREAS, the City has the institutional, managerial and financial capability to adequately manage an LCA-TOD grant; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and
WHEREAS, the City acknowledges Livable Communities TOD grants are intended to fund projects or project components that can serve as models, examples or prototypes for TOD development or redevelopment elsewhere in the Region, and therefore represents that the proposed projects or key components of the proposed projects can be replicated in other
metropolitan-area communities; and
WHEREAS only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities TOD initiative during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of TOD grant funding; and
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WHEREAS cities may submit grant applications for up to three TOD Demonstration Account projects and up to six TOD Tax Base Revitalization Account during each funding
cycle, but, using the city’s own internal ranking processes, must rank their projects by priority so the Metropolitan Council may consider those priority rankings as it reviews applications and makes grant awards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon
Heights, Minnesota: 1. Finds that it is in the best interests of the City’s development goals and priorities for the proposed projects to occur at the sites indicated in the grant applications at this particular time.
2. Finds that the TOD Project components for which Livable Communities TOD funding is sought:
(a) will not occur solely through private or other public investment within the
reasonably foreseeable future; and
(b) will occur within the term of the grant award (two years for Pre-Development grants, and three years for Development grants, one year for Cleanup Site Investigation grants and three years for Cleanup grants) only if Livable Communities TOD funding is made available for these projects at this time.
3. Ranks the TOD Project funding applications, according to the City’s own internal priorities, in the following order: (List grant applications here; the total number of Development (including combined Development and Cleanup) and Pre- Development grant applications from the City cannot exceed three. Funding requests for both TBRA and LCDA grant funds listed in the same application will be counted as one
application for purposes of the limit of numbers of applications.)
Priority LCA_TOD Project Names Grant amount requested
1 CommonBond Communities $100,000
2
3
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4. Authorizes CommonBond Communities to submit on behalf of the City applications for Metropolitan Council Livable Communities TOD grant funds for the TOD Project
components identified in the applications.
5. Authorize the City Administrator and Mayor to execute all necessary agreements as necessary to implement the projects.
ADOPTED by the Falcon Heights City Council this 26th day of October, 2016.
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Moved by: Approved by: ________________________ Peter Lindstrom Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER
GUSTAFSON
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