City Council Meeting - April 25, 2023
No description available.
This transcript has been formatted with speaker names based on the context provided and the internal dialogue of the meeting.
**Note on Names:** Several individuals (Council Member Troutman, Council Member Whalen, and City Clerk "Leslie") were addressed by name in the transcript but were not included in your provided list. I have used the names spoken in the record to ensure accuracy.
***
[00:00] **Mayor Mary Supple**: Good evening ladies and gentlemen. Um, we are going to call to order the April 25th, 2023 city council meeting. It is 7:01 p.m. and if you are able, please join us and stand for the Pledge of Allegiance to the flag of the United States. One nation under God, indivisible with liberty and justice for all. Yeah, thank you. Next we'll move on to open Forum. Thank you for attending tonight's meeting and I have a few reminders of both open Forum. You can call into the open Forum by dialing 1-415-655-0001 and use webinar access code 2451-409-3997 and the password one two three four. So if when you come up to speak or if you're calling in, we'd ask you to state your name and your address and I'll start timing after that and you can sign in before I start the timing. You'll have three minutes. We want to provide a safe platform to state our opinions about Municipal policies so please stick to issues. This is not a forum to discuss individuals. The council will be listening and taking notes but will not be responding to the comments. This open forum is designed to hear from you not to be a debate. Thank you. City clerk Leslie, is anyone on the line?
[01:21] **City Clerk Leslie**: There is not.
[01:22] **Mayor Mary Supple**: Okay, so then we'll move forward with the people that are here in the audience and first I have Kathleen Balaban who would like to speak to us so I'll get my timer set and if you would like to um sign in and state your name—oh, I'm sorry, did we miss that? Do we have some paper for them to sign in otherwise I have some here. I'll pull some out. My apologies for that slip up here. I'll get you a sheet of paper to sign in on. Make sure we have a pen that works and then miss Balaban has provided handouts for the staff's or the councils so we'll be passing those down.
[01:53] **Kathleen Balaban**: Hello, my name is Kathleen Balaban. I live at 6526 Stevens Avenue South. Anna met before I come before you to ask that you remove number 4B pertaining to the 10 million dollar Bond and appointing the HRA to conduct a public hearing. Last week's Sun current had six minus six Bloomington legal notices: one for their annual Charter commission meeting and one for a bid request and four for public hearings at the Bloomington City Council. This is the manner in how a home rule City operates. I'm asking that the HRA is not given the approval for the public hearing and that it will be held by the CC—in other words, City Council. The end. The importance of a public hearing is to show your Authority. You are the elected officials we selected you and according to our city Charter you are responsible for every single commission every single Authority every single board whether you recognize it or we have increased the city managers Financial authority to 175k for expenditures and give the public hearings to the commissions rather than here in your Chambers. Um, it is time to take your Authority back and really look at the data presented in the bottom line there. HRA is in fact in its own way... we have a fox in the hen house. Yesterday the regular Planning Commission meeting was canceled and replaced by a workshop on Sturgis parliamentary rules. You know that local oil as noted in this one page document from their notes—one page—and it says it is there is supposed to be the responsibilities... the responsibilities of the Planning Commission as opposed to in other words the CDD. The Fox and the hen house is telling the Planning Commission what their responsibilities are rather than the administrative staff of our public of the city council. We have administrative people that are not departmental. Our commissions are not departmental; they're selected by you. Therefore you should be doing the training, not the Departments that represent those commissions. In other words, when you have the department such as the CDD coming before the Commissioners and telling them how to operate, that gives a CDD Authority, whether it's perceived or not, it gives them the authority. In other words "I'm more important than you are I'm telling you how to operate." No, no, no. Go back to that and rethink that. That again is the fox in the training hen house. I have given each of you a list of the 2021 consensus for RF from the website noted in the bottom and it tells you what our census was in 2021. We have only about 7165 students or citizens that are under 18 years old and yet 29% of our property taxes go to the school system.
[04:29] **Mayor Mary Supple**: You're reaching the end of your time if you could finish up or anything...
[04:32] **Kathleen Balaban**: Well actually I'm right at the bottom. It says how many of them live in Richfield—in other words, where is our money going? So thank you very much I just like us to be included thanks.
[04:40] **Mayor Mary Supple**: Thank you. Next we have Larry Earnster who would like to speak.
[04:48] **Larry Earnster**: Good evening. My name is Larry Earnster. I live at 6727 Elliott Avenue South. I have some questions about item 4B on the consent calendar. Reading staff report number 47, I come away with the following facts: You are proposing to issue a 10 million dollar bond to refurbish a Fort Snelling building that is not part of Richfield. You expect that this will result in another 200 students for Richfield. Richfield Senior High and Richfield schools are already performing at a substandard level. Richfield senior year high currently has 1137 students and is ranked 6,492nd nationally, 110th in Minnesota, and 84th in the Minneapolis area. Richfield middle school already has 920 students and only 21 percent are proficient in math and only 39 percent are proficient in Reading. Yet you want to absorb another 200 students into this underperforming school system knowing that every student comes with additional expenses for ESL, special needs, Transportation, food, teacher sports, and results in increased class sizes. Now the borrower of the 10 million dollars is Fort Snelling leased housing Associates LLC. I'll refer to them as the borrower. The borrower is a relatively new Company incorporated in July 2019. It appears the name was selected specifically for this venture. Richfield will be issuing a bond, essentially a Signature Loan issued solely on the credit worthiness of the city of Richfield and that money will be given to the borrower. It appears you want to provide 10 million dollars to a developer or project outside of Richfield and then increase our taxes by requesting a local sales tax because the city can't afford to maintain its parks. The questions I want you to answer tonight are: Number one, why refurbish a building outside of Richfield? Number two, how will bringing in another 200 students improve the quality of education for our existing student? Number three, what is the borrower's track record? Number four, what security has the borrower pledged to secure the loan? Number five, why did the borrower not approach a Traditional Bank to secure the loan? Number six, why does Richfield want to function as a bank?
[06:35] **Mayor Mary Supple**: Mr. Earnster, you're reaching the end of your time if you could finish up.
[06:38] **Larry Earnster**: Thank you. And one... and lastly and most important: how will this benefit the city of Richfield? I have printed copies of the questions I want you to answer. May I approach?
[06:48] **Mayor Mary Supple**: Yes, thank you sir. Um, city clerk Leslie, has anyone else called in to the meeting for open forum?
[06:56] **City Clerk Leslie**: There's currently no one online.
[06:58] **Mayor Mary Supple**: All right. Is there anyone else in the audience who wishes to speak? All right then that takes us through our open Forum. Thank you all for your comments. Um next we're going to move on to two presentations and the first one is a proclamation to recognize Arbor Day. Um is there anyone here to receive the proclamation? Oh, oh madame—Mary, I think we...
[07:20] **Mayor Mary Supple**: You know what, thank you very much. I missed that. I skipped ahead, my apologies. So, is there a motion to approve the minutes of the city council work session of April 11, 2023 and the city council meeting of April 11, 2023?
[07:29] **Council Member Sharon Christensen**: So moved.
[07:31] **Council Member**: Second.
[07:33] **Mayor Mary Supple**: It's been moved and seconded. Is there any discussion?
[07:35] **Council Member Sharon Christensen**: I will just thank the mayor for her excellent proofreading skills. School teacher in action.
[07:41] **Mayor Mary Supple**: Thank you. Thank you. All right, any other comments? All right all in favor of approving the minutes, the two sets of minutes, please say aye. (Council members: Aye). All opposed? All right, we have approved the minutes. Now we'll move on to the proclamation. Is there anyone here to receive the Arbor Day Proclamation or should I read it from where I'm sitting? I think you should just read it from there. Okay, so our first Proclamation is in recognition of Arbor Day 2023. Whereas Arbor Day will be celebrated Nationwide on Friday April 28th and will provide people across the nation an opportunity to celebrate the importance of trees and forests to our economy, culture, history, and Future; and whereas Arbor Day is celebrated in Minnesota during the month of May to promote the value and planting of trees; and whereas Arbor Day 2023 marks the 151st anniversary of the original United States Arbor Day celebration held on April 10, 1872 in Nebraska City, Nebraska; and whereas trees are of a great value as they provide clean air and water, shade and Energy savings, wildlife habitat, recreational opportunities, wood products and jobs while reducing storm water runoff and capturing and storing carbon from the atmosphere, thereby offsetting greenhouse gas emissions; and whereas properly planting and caring for a diverse mix of trees makes communities' forests more resilient by minimizing the impacts of diseases, insects and other stressors such as climate change and providing long-term community and environmental benefits; and whereas thoughtfully choosing, planting and caring for a diverse mix of trees now supports resilient communities into the future; and whereas Arbor Day will be celebrated in conjunction with Earth Day by the city of Richfield through a park cleanup event at Veterans Park on April 27th; now therefore I, Mary Supple, mayor of the city of Richfield, do hereby Proclaim April 28, 2023 as Arbor Day in the city of Richfield as a way of promoting tree stewardship and mindful choices to help preserve and enhance our Urban forests. Proclaimed this 25th day of April 2023. Were there any comments from Council? All right... um, do we have anyone here from the Human Rights Commission for the next Proclamation?
[10:04] **Council Member**: I don't think so, mayor.
[10:06] **Mayor Mary Supple**: Okay, then I'll go ahead with that one too and that is to honor Asian and Pacific American heritage month. Whereas Asian and Pacific American heritage month from May 1st through May 31st pays tribute to Asian and Pacific Americans—the fastest growing ethnic minority group in the United States of America—for their contributions to the United States of America and to celebrate the culture and history of these groups; and whereas May was designated as Asian and Pacific American heritage month because of the first documented arrival of Japanese immigrants in the United States on May 7, 1843 and the completion of the first Transcontinental Railroad on May 10, 1869 which was completed mostly by Chinese immigrant laborers; and whereas the first documented arrival of an Asian or Pacific Islander to Minnesota occurred in Duluth, Minnesota in 1875; and whereas Minnesota has provided Asylum and relocation for many Asian refugees from the Vietnamese, laotians, cambodians and hmong in the 1970s and 1980s and the Tibetans and Karen peoples from the 1990s while other Asian and Pacific Islanders have immigrated to Minnesota in their pursuit of opportunities and freedom; and whereas at least 5.4 percent of the population in Richfield is of Asian or Pacific Islander origin according to the 2021 estimates by the U.S. Census Bureau; and whereas Asian and Pacific Islanders have been subjected to discriminatory treatment throughout their time in the United States including the wrongful internment of Japanese Americans during World War II and recent irrational blame for covid-19; and whereas Asian and Pacific Americans have made the United States a better Nation through their hard work, initiative, creativity and sharing of their cultural heritage and deserve to be recognized for their achievements and participation in our Civic life; and whereas the Richfield Human Rights Commission supported a proclamation celebrating Asian and Pacific American heritage month at its April 4th, 2023 meeting; now therefore I, Mary Supple, mayor of city of Richfield, do proclaim the month of May as Asian and Pacific American heritage month in the city of Richfield and call on the people of Richfield to observe this month with appropriate programs, activities and ceremonies and to continue to honor the contributions of Asian and Pacific Islander Americans throughout the year. Proclaimed this 25th day of April 2023. Thank you. Is there any comments from council members? All right, thank you so much. All right, um next we're moving on to approval of the agenda.
[11:45] **Council Member Sean Hayford Oleary**: Can I ask a procedural question? If we wish to remove something from the consent agenda and discuss it as say item five where it says consideration of any items removed from the consent calendar, should that be part of the motion for approving the agenda or can we just make that request?
[11:58] **Mayor Mary Supple**: I would have a motion to approve the agenda first and then when you get to the consent agenda if there's a desire to remove something somebody should make a motion to remove an item from the consent agenda and then approve it without that item.
[12:11] **City Attorney Mary Tietjen**: Mayor and Council, you can either just have a discussion about that item or you can remove that item from consent and then approve the rest of the consent agenda and then go on to that item. Either way, it gets discussed.
[12:21] **Mayor Mary Supple**: All right, thank you for that clarification. All right so before us we have approval of the agenda.
[12:26] **Council Member**: So moved.
[12:27] **Council Member**: Second.
[12:28] **Mayor Mary Supple**: It's been moved and seconded to approve the agenda. Is there are there any questions?
[12:33] **Council Member Troutman**: Thank you mayor. Um, I don't know if we need to necessarily pull this agenda item off and we don't necessarily address questions raised in the audience, but I wonder just given that there were some questions if staff could talk a little bit about whether or not there were HRA funds that were actually going towards the project on the consent agenda.
[12:49] **Mayor Mary Supple**: Council Member Troutman, I think what we'll do is if we approve the agenda and then when we get to consent, we pull it for discussion rather than just do consent. Does that work, City Attorney Tietjen?
[12:59] **City Attorney Mary Tietjen**: Yes.
[13:00] **Mayor Mary Supple**: All right. So there's been a motion to approve the agenda and a second. All in favor please say aye. (Council members: Aye). All opposed? All right, so now we'll move on to the consent agenda.
[13:12] **City Manager Katie Rodriguez**: Thank you Mayor Supple. The consent calendar contains several separate items which are acted upon by the city council in one motion. Once the consent calendar has been approved the individual items and recommended actions have also been approved. No further Council action on these items is necessary. On tonight's consent calendar: Item A, a request for a one-year extension of land use approvals for a four-story 55-unit multi-family development at 7700 Pillsbury Avenue South; Item B, consider a resolution approving the issuance of 10 million in revenue bonds by the Housing and Redevelopment Authority for the benefit of the upper post Platts Housing Development and delegating authority to conduct a public hearing related to this matter to the housing Redevelopment Authority; Item C, consider the approval of the Bureau of Criminal Apprehensions (BCA's) Master joint Powers agreement (JPA) with Richfield Department of Public Safety police for access to the criminal justice data Communications Network and the court data services subscriber amendments; Item D, consider the approval of an agreement allowing Richfield Department of Public Safety to accept Grant monies from the U.S. department of justice Office of Justice programs the Edward Byrne Memorial Justice Grant Jag program; Item E, consider approval for the city of Richfield to enter into an agreement with Independent School District 280 to administer their 2023 School Board election; Item F, consider the approval of the bid tabulation and award a contract of Visu-Sewer Inc for the 2023 sanitary rehabilitation program in the amount of 670,830.80 and authorize the city manager to approve contract changes up to 175,000 without further city council consideration; Item G, consider the approval of a contract agreement between the city of Richfield and Spohn Ranch Inc in the amount of 180,000 to design and construct an expansion of the current skate park at Augsburg Park in 2023 and authorize staff to execute the agreement and oversee the project. Also, I just wanted to add Julie Eddington from Kennedy & Graven is here and is available to answer questions on item 4B if you like.
[15:15] **Council Member Troutman**: I would move that we remove item 4B from the consent agenda so that we can discuss it separately as item five on the agenda.
[15:23] **Council Member**: Second.
[15:24] **Mayor Mary Supple**: It's been moved and seconded. Is there any discussion? All in favor please say aye. (Council members: Aye). All opposed? All right, now going back to the consent agenda. Is there a motion to approve the remainder of the consent agenda?
[15:37] **Council Member**: So moved.
[15:38] **Council Member**: Second.
[15:39] **Mayor Mary Supple**: It's been moved and seconded. Is there any discussion about any of the items on the consent agenda?
[15:43] **Council Member Whalen**: I just wanted to share for the last item at the recent Community Services Commission meeting, we were discussing that and it sounds like—well first just wanted to thank staff for their role in getting the grant funding to help make that happen. And then also sounded like there's been some really exciting engagement with particularly student groups that use the skate park; they got some really good input on design from a variety of skateboarders, skaters, scooters and others. And so I'm excited to see what comes out of that, even though I am fairly certain I will never use it, but I know that that's been a growing interest in the community and so I'm excited to see that move forward.
[16:15] **Mayor Mary Supple**: All right, is there any other discussion? Okay, all in favor of approving items A, C, D, E, F and G on the consent agenda please say aye. (Council members: Aye). All opposed? All right, we have approved the consent agenda. Now we'll move on to items that were removed from the consent agenda which would bring us to item 4B which is to consider a resolution approving the issuance of 10 million dollars in revenue bonds by the Housing and Redevelopment Authority for the benefit of the Upper Post Flats Housing Development and delegating authority to conduct a public hearing related to this matter to the Housing and Redevelopment Authority. Normally when we have items that are pulled or that we do separately we have a council member that presents them. Since this was pulled just tonight from the consent agenda, City Manager Rodriguez, would you be willing to read the executive summary for us?
[17:01] **City Manager Katie Rodriguez**: Yes Mayor Supple. The Upper Post Flats Housing Development is an extensive redevelopment and historic preservation project of 26 buildings within historic Fort Snelling. The development includes approximately 190 units ranging from Studios to five bedroom units and will house hundreds of residents, likely adding more than 200 students to the Richfield School District. Dominium, doing business as Fort Snelling Leased Housing Associates LLP (developer), has approached the City Housing and Redevelopment authority to request issuance of 10 million in conduit bonds to help manage increased costs of the project. The issuance of these bonds would not impact the city's ability to issue their own bank qualified bonds and would not impact the city or HRA financially. It does, however, offer the HRA the opportunity to influence the project. HRA staff have worked with the developer on the following stipulations: increased affordability either 80 to 100 units at 50 percent area median income or 40 to 55 units at 40 percent AMI for a period of 25 years; acceptance of Richfield "Kids at Home" families preference for Richfield Section 8 voucher holders; and a 1.5 percent upfront fee. Because the HRA is an appointed rather than elected body, the city council must officially delegate to the HRA its authority to conduct the required public hearing and must consent to the issuance of the bonds. The attached resolution addresses both items. The recommended action is by motion: approve the attached resolution approving the issuance, sale, and delivery by the Housing and Redevelopment Authority in and for the city of Richfield, Minnesota of its Revenue obligations, delegating authority to the authority to conduct a public hearing and taking other actions with respect thereto.
[18:40] **Mayor Mary Supple**: So at this point if someone wishes to make the motion and second it, we can open it up for discussion, ask questions of attorney Eddington and any other staff that would be able to help us out, and then at that point if people wish to make amendments and will either vote it up or down. So is there someone that wishes to make the motion rather?
[18:55] **Council Member**: I would move to approve the recommended action as was just stated.
[19:00] **Council Member**: Second.
[19:01] **Mayor Mary Supple**: It's been moved and seconded. So now we're going to have discussion. Are there questions that people would like to bring forward or ask about?
[19:08] **Council Member Sean Hayford Oleary**: Thank you mayor. My main question for staff is just about the order of operations and if our action tonight approves the issuance of these bonds or it allows the HRA to do a final approval. And if it is approving it tonight, I guess I'm a little bit unclear why the public hearing happens after this.
[19:25] **Julie Eddington (Bond Counsel)**: Council Member O'Leary, the IRS rules allow cities to issue bonds. They can also delegate that authority to an authority of your own, so your EDA or your HRA. IRS rules allow that, so it's not a problem; we do it quite a bit. The bonds themselves are not an obligation of the city or the HRA. They are solely the obligation if they're issued by the developer; the developer pays all of these bonds, city saves. Now, the reason why the HRA wanted to get involved with this is because they wanted to influence the project and provide more affordability to the area in general, and they're hoping that some of the kids that go to the Richfield schools will be able to live in the buildings which are being rehabbed by the developer.
[20:10] **Council Member Sean Hayford Oleary**: Okay, and just to clarify again: does our action tonight authorize the bonds or would the HRA decision be the final decision on that?
[20:18] **Julie Eddington**: The resolution that's before you would delegate the authority to have the public hearing at the HRA level and it also gives your approval for them to issue the bonds. When they have their public hearing, they'll have the ability for people to speak and then at the end of that public hearing the HRA will make a decision as to whether to move forward or not with those bonds.
[20:39] **Council Member Sean Hayford Oleary**: Okay so I'm clear on what that means, but just to restate it since there were audience members concerned: so if we voted yes on this, the HRA has the public hearing and if the HRA votes no, the bonds are not issued?
[20:49] **Julie Eddington**: Correct.
[20:50] **Mayor Mary Supple**: All right, additional questions?
[20:51] **Council Member Troutman**: Thank you mayor. I just have a couple questions. One's just a procedural question. Typically when there are hearings held for like the Planning Commission, they'll hold the hearing and then the authority will come back to us having the hearing having been held. Is there a reason why we're not doing that with the HRA and this process where they would hold the hearing and they'd make a recommendation to the council? I was just curious the rationale behind that.
[21:14] **Julie Eddington**: So the IRS rules allow the city to delegate the authority to have the public hearing and to actually issue the bonds. The HRA is the body that's issuing the bonds, so it would be naturally their ability to then say yes or no. If the city is not comfortable with that we can do something different, but that is the procedure that we often use. For example, I just did one in a county; the county gave the host approval to a different Authority and then they had the public hearing and so it's not uncommon.
[21:44] **Council Member Troutman**: And Ms. Eddington, can correct me if I'm wrong, but I think the difference too is that in the Planning Commission scenario they're an advisory body to the city council, whereas the HRA is this independent body?
[21:54] **Julie Eddington**: That is really helpful.
[21:55] **Council Member Troutman**: My other question: I just wondered if you could share a little bit more about the mechanism of the issuance and what the HRA is actually doing. By "issuing" the bonds, we're not creating the money, we're not responsible for paying it back... what does the word in layman's terms "issue" mean in this context?
[22:11] **Julie Eddington**: Council Member Troutman, housing bonds are complex. The HRA has already gone to the state government (Minnesota Management and Budget) to ask for allocation. You cannot do affordable bonds as a taxable private developer without that allocation. We have 10 million dollars of allocation to do affordable housing. That allows them to finish their Fort Snelling project and let everybody move in, and then it also allows them to get tax credits which is part of how they pay those bonds back. But the bonds themselves, we call them "conduit"—so really that means the HRA is issuing these bonds but it has absolutely no responsibility to pay them. And it doesn't impact the city's credit rating at all; it does not require long-term work on the part of the HRA. And so I just want to make it very clear like if there's a default, that would not be an issue for the city because it's not their default; it's the borrower's fault. And the people that buy these bonds understand what they're getting—they're getting the borrower to pay all that back. Dominium has been around for a long time and they've done a lot of projects.
[23:14] **Council Member Troutman**: Thank you, that's really really helpful.
[23:17] **Council Member Whalen**: Um, just because it is a sort of strange area of the metro area, is that technically part of any city? Is that part of the airport? And then presumably based on the comments, it's still part of the Richfield school district, is it not?
[23:30] **Julie Eddington**: Council Member Whalen, you are correct that kids that live in the Fort Snelling area go to Richfield schools. What I wanted to also mention is that it's within Hennepin County. So Hennepin County has given the HRA the ability to do the bonds in Richfield and so their approval has provided the HRA the ability to issue these bonds for the Fort Snelling area.
[23:55] **Mayor Mary Supple**: To clarify, the Fort Snelling area is in an unincorporated area? So they're not part of any city; it's part of the state of Minnesota and part of Hennepin County, but they're not part of any City? So there's not a city that would be responsible for that area, is that correct?
[24:10] **Julie Eddington**: Madame Mayor, you're absolutely correct and the property is actually controlled by the DNR. We did a lot of thinking about that before we came to the HRA and the City, and it was very difficult to get that done. So we went to the Hennepin County HRA and they agreed to give us the host approval to go forward.
[24:32] **Council Member Whalen**: As a follow-up to that, I think the benefit of the affordability is great. I I generally am in support of this, but just to clarify: you said that the any school-age children living there may go to Richfield, or is that the default? I mean anyone open enrollment wise anyone can come to Richfield; where would they go if they didn't pick a different school?
[24:54] **Julie Eddington**: That I do not know.
[24:55] **Mayor Mary Supple**: I believe from having taught in Richfield that the kids at Fort Snelling are part of the Richfield School District.
[25:01] **Council Member Sean Hayford Oleary**: Just to follow up on that, I just want to say we are not the school board. There's a separate governing body—I will let them speak for most school things—but having talked with them in the past, they are generally in favor of any developments that bring in more students because the funding they receive is based on a per student ratio. And so, having 200 students would be roughly that times I believe it's around eight thousand dollars as the per student funding. And so that would be an additional funding for the school district. And so in general they have expressed in the past that any development that brings in more families is appreciated.
[25:38] **Mayor Mary Supple**: Other questions, comments? It's my understanding that a number of these units would be multiple bedrooms and and we that's something we're looking into is that something you can answer or is there someone here from the development company that could answer that?
[25:52] **Julie Eddington**: I would defer to Mr. Noldy who's in the audience; he represents the developer.
[25:56] **Kyrie Duckett (Dominium Representative)**: Madam Mayor, members of council, Kyrie Duckett representing Dominium developments. I'm not Mr. Noldy; you'll see he's quite a bit taller than I am, but I do have information on behalf of the entity to say that there's a mix of up to five bedroom units at the community in Fort Snelling. So anywhere between a studio apartment all the way up to five bedrooms, which is exceptionally rare when we're talking about deeply affordable units throughout the Metro that house larger families. Five bedroom units are very rare, and I believe the entire development is up to 192 Apartment Homes on the entire complex.
[26:35] **Mayor Mary Supple**: All right thank you, are there other questions?
[26:37] **Council Member Whalen**: Just curious the breakdown. I know sometimes we see projects that have like half Studios and then like one multi-bedroom. I'm curious about that, and then my main question is: I've heard from other cities with Dominium Properties that there have been frankly repeated accusations of retaliation against tenants—tenants who have asked for repairs or have tried to organize tenant unions to negotiate for better conditions in Dominium buildings. Just was wondering if you could speak to that? I know it as mentioned it's not our community but it is close and would hope that the tenants are treated with respect and that their decisions to organize or decisions to ask for better conditions or just simple repairs would be met with respect and not retaliation.
[27:17] **Kyrie Duckett**: Madame Mayor, Council Member Whalen, to your first question: I'm getting an exact unit count currently, but I've been assured by the development team that 75 percent and more of the Apartment Homes at the development are two bedrooms and more. So less than 25 percent are one bedroom and Studio units. To your second question: I can speak generally to the track record that Dominium has as a company. Being the developer, owner and manager of nearly 40,000 Apartment Homes throughout the country, we develop, own and manage those Apartment Homes using the LIHTC program. I have many, many layers of oversight from city, state, federal governments along with the parties to each of those developments. We undergo a number of inspections, both physical and tenant inspections, to make sure that the folks that live in those homes qualify and that they're serving the folks that they're supposed to be serving. And so I can't speak to any specific allegation at this moment, but what I can assure you is that there are many layers of reviews that we've had a great success throughout almost more than 50 years as a company in providing affordable homes. We wouldn't be able to continue to do those if we were in default of any of those allegations that you were raising; that would make us ineligible to do future development, and that's not the case at this moment.
[28:35] **Mayor Mary Supple**: All right thank you. Are there other additional questions? I was wondering if you could speak to—you said some of the units are already occupied so the development's underway? So the 10 million dollars in bonds would be used to finish the development or finish the project? Can you say more about that?
[28:51] **Kyrie Duckett**: Madame Mayor, yes. That's roughly correct. As a general matter, especially given the nature of the Fort Snelling development, it's a historic Rehabilitation so the work that was done to make those homes habitable was more intensive than putting up a new apartment building, which means that it was a gradual process building by building to make homes available. Generally when we work with the communities that we work in, we try to get a certificate of occupancy as soon as possible so that they can immediately provide homes to members of the community. That is true for a number of homes. That being said, the overall cost of the project is looked at at the end and these bonds go to what we call a "50% test." Generally the project would not be eligible for the LIHTC program (the low-income housing tax credits) unless the bonds as part of that project made up more than 50 percent of the cost of the project. Because of cost overruns that we experienced throughout the pandemic and continue to experience between labor and materials, we now are at a point where without these bonds the project might not happen at all; it might not get the low income housing tax credit equity it needs to be financially feasible and would not be available for homes for more than 17 percent of the apartment community that is already leased.
[30:10] **Mayor Mary Supple**: All right thank you. Any additional questions? Thank you for your time. Do we have any other questions for staff? All right. Does anyone else wish to make a statement or a comment? I was glancing at some of the questions they were asked during open forum and I think most of them have been answered. I would say I in my opinion the benefit is that it is providing more affordable housing for families that need more bedrooms and need larger spaces because that's something that we are missing. And so that would be something that I would see as a benefit to help us out. Any other questions or comments?
[30:52] **Council Member Sean Hayford Oleary**: I just wanted to mention of course tonight we're just considering referring it to the HRA so I encourage the person who had these questions to also come to the public hearing for the HRA and raise them then because that would really be the opportunity to dig more into those questions.
[31:07] **Mayor Mary Supple**: All right, any other comments or questions? All right, if you're available on the night the HRA is meeting please come to the public hearing because that's more of the venue for these specific questions about this arrangement.
[31:18] **Council Member Whalen**: Just a follow up—not as I'm not on the HRA—I'm comfortable with you all making the decision. Typically the HRA handles most of the financial decisions relating to Housing and Development. I'm just curious is this something you've already discussed on the HRA and if so if you would attempt a one or two minute summary of the discussion that's happened already?
[31:39] **Mayor Mary Supple**: So let me see if I can find the right spot here. Um, so at the December 12, 2022 meeting there was a discussion of granting the preliminary approvals because that allowed the developer to request the housing allocations from Minnesota Management and Budget. And so that was what that was the initial part of the discussion: is this something we're interested in pursuing, could it help Richfield, and did we want to give a preliminary approval so that he could move forward in the process and ask for help? I believe I'm the only one present that was at that meeting but attorney Eddington may be able to add more.
[32:15] **Julie Eddington**: I think you covered it. Before you can get allocation you have to have a resolution approved by the body that says it's okay to move forward with the allocation and that goes to Minnesota Management and Budget along with numerous explanations of why they did the allocation. So that's what the resolution was all about that's required to get it. So that is the last time we spoke about it at the HRA.
[32:38] **Council Member Whalen**: The question was raised about why does it go through the HRA and not the city council? Is it possible to go through the city council even though it's probably not the common practice?
[32:48] **Julie Eddington**: You can always go through the city. I think the HRA wanted it to go through them because they wanted to get some extra items from the developer and also, you know, they they are really the housing people and so they really wanted to make sure that the contract everything looked good and they got what they wanted out of the development.
[33:10] **Mayor Mary Supple**: So the part of the report that talks about increasing the affordability and asking the developer to accept Richfield "Kids at Home" families and preference for Section 8 voucher holders and the upfront fees—that's the type of thing?
[33:23] **Julie Eddington**: Yes, although I will note that some of those... we've had stumbling blocks with right? Like for example the voucher programs are still pretty... you said not... so there's things that are still up in the air about that. But I know that Melissa and Julie are working on it.
[33:40] **Mayor Mary Supple**: Are there any further questions? Any further discussion? All right we have a motion before us to approve the attached resolution approving the issuance, sale, and delivery by the Housing and Redevelopment Authority in and for the city of Richfield, Minnesota of its Revenue obligations, delegating authority to the authority to conduct a public hearing and taking other actions with respect thereto. Any other comments or questions? Thank you for the thorough discussion. All in favor please say aye. (Council members: Aye). All opposed? All right, so as mentioned this will be coming up for a public hearing at the next HRA meeting so I would encourage people to come and ask their questions at that point as well. Thank you so much. All right next we're going to move on to item six which is to consider the approval of a resolution amending the 2023 license permit and miscellaneous fees pursuant to the provisions of appendix D of the ordinance code of the city of Richfield. Council Member Hayford O'Leary.
[34:40] **Council Member Sean Hayford Oleary**: Thank you mayor. At the September 27, 2022 city council meeting Council approved an ordinance amending section 617 food establishments, 618 lodging establishments and 619 public pools of the Richfield city code. The regulations were updated to be consistent with delegated State requirements and miscellaneous edits for clarity. The changes in the fees for the updated ordinance were not included in the resolution amending appendix D approved by the council at that same meeting. After consultation with the city attorney, it was recommended to bring these changes before the council for approval per city code. Amendments to appendix D can be approved via resolution, so the changes do not require a new first and second reading of the ordinance. This change will be put into effect immediately after Council approval. The attached resolution updates appendix D to include the new language on food establishments and the pool reinspection fee. Anything from staff before I make the motion?
[35:36] **Katie Rodriguez**: We're available for questions.
[35:37] **Council Member Sean Hayford Oleary**: Okay, I will move that we adopt a resolution amending appendix D license permit and miscellaneous fees pursuant to the city code of Richfield.
[35:46] **Council Member**: Second.
[35:47] **Mayor Mary Supple**: It's been moved and seconded. Are there any questions or discussion? All right hearing none, all in favor please say aye. (Council members: Aye). All opposed? All right, we have passed the resolution. Next we will move on to the city managers report. City Manager Rodriguez?
[36:03] **City Manager Katie Rodriguez**: Thank you mayor. Nothing to report tonight.
[36:05] **Mayor Mary Supple**: All right then we'll move on to claims and payroll.
[36:08] **Council Member**: I'll move claims and payroll.
[36:09] **Council Member**: Second.
[36:11] **Mayor Mary Supple**: It's been moved and seconded. Are there any questions? All right all in favor of approving claims and payroll please say aye. (Council members: Aye). All opposed? All right, we have approved the claims and payroll. Next we'll move on to "Hats Off to Hometown Hits" and we'll start off with Council Member Whalen.
[36:26] **Council Member Whalen**: Thank you mayor. Um just a... I know we already talked about Arbor Day celebration and that particular Park cleanup. I just want to encourage folks as we now see all the garbage that accumulated over winter to pick some up while you're out walking. There's also if you're part of a group in town or want to form a group with some friends or neighbors that are adopt a park program is a great way to help keep our Parks clean.
[36:48] **Mayor Mary Supple**: All right, thank you. Council Member Christensen?
[36:50] **Council Member Sharon Christensen**: Yes, I'd like to give a shout out to the the fourth annual Richfield city-wide food drive this past weekend. With the help of the many individuals from everywhere from the Richfield Leadership Foundation, State Farm Agency here in town, mortgage companies and real estate groups that was held this past weekend, they collected several truckloads that were given to VEAP and to Richfield High School.
[37:15] **Mayor Mary Supple**: All right, thank you. Council Member Hayford O'Leary?
[37:17] **Council Member Sean Hayford Oleary**: Two items I wanted to mention. One was recognizing the Eco Fair which was held I think two weeks ago this Saturday—a week and a half ago. Really well attended. They had the benefit of kind of crappy weather so good a day to spend time inside and learn about going green. A particular compliments to the League of Women Voters that organized it as well as City staff that staffed several of the booths and assisted with the event overall. A lot of good handouts, a lot of good engagement at some of those booths, and it was great to see staff engaging with the community and the community being excited to do so. And then it's outside of Richfield, but it's generated a lot of discussion for us locally: so I want to recognize my personal excitement that house file 100, the cannabis bill, was passed today and moves to the Senate and hopefully will bring needed changes to the state in terms of legalizing cannabis and expunging the record of those who have been convicted for cannabis crimes, and bring clarity hopefully as well to the city on those issues.
[38:15] **Mayor Mary Supple**: All right, thank you. Council Member Troutman?
[38:17] **Council Member Troutman**: Thank you mayor. I just have two quick hats off. The first is: this is the last week to submit a name for the Gene and Mary Jacobson Outstanding Citizen Award. And so you can look on the city website and fill out the form, send it to the Human Rights Commission. So that's the last agenda item I had. A second... it's right here. We're gonna go with one today thanks everybody we can come back to you if it comes... I'll come back come back to me. Thank you.
[38:45] **Mayor Mary Supple**: Thank you. So I had three items. I first of all want to introduce Barney—and we've passed this out to the whole Council—April 30th is National Therapy Animal Day. So I would like to do a hats off to Dan Smieja and his partner Barney the basset hound and all of the other North Star Therapy animal teams here in Richfield. As a part of Pet Partners, the North Star Therapy animal teams play an essential role in improving human health and well-being through human animal bond. And they have visited places in our community like Havenwood of Richfield, Main Street Village, Richfield Dual Language School, Blessed Trinity Catholic School, Watershed High School, Mikasa Minnesota, Independence College and Community and a variety of other schools, churches and youth groups. And so I'm extending gratitude and appreciation for their service to the community and want to do a shout out to the therapy team of Dan and Barney. So if you want more information we can get it for you and we provided it for the council to look at as well. And did you remember what yours was?
[39:48] **Council Member Troutman**: I did in fact remember what it was, thank you mayor. I just wanted to give a shout out: this spring we have a lot of restaurants that are opening up. So several that come to mind: Nautical Bowl just opened up, and Tama is opening up over by Target in the old Caribou spot. And my French is non-existent, but the French bakery... does anybody know... is it "Tous les Jours"? Anybody? Is that close? Am I close? So, French bakery kitty-corner to the Hub, Nautical Bowl, Tama, and maybe some others. But those are top of mind, so you could eat anywhere but eat in Richfield. We got a lot of great new options.
[40:24] **Mayor Mary Supple**: All right thank you. I have two other things to talk about. One is to advertise that we do have some commission openings: we have two spots on The Advisory Board of Health and two spots on the Charter Commission. And the Charter Commission chair is in the audience here so I'll do a shout out to former mayor Kirsch. So if you would like to apply for those you need to do so by Friday April 28th and you can go on the city website under the government Tab and go to the commissions Tab and there's information there. They do have two separate processes for this: the city council would appoint the people to The Advisory Board of Health, but I believe one of the Hennepin County judges appoints the people to the Charter Commission. So it's two separate forms, but I would really encourage everybody to get involved there. Otherwise if you the shortcut to finding it is go to richfieldmn.gov/commissions and it'll take you directly to that page. And finally I want to put out a kudos to our Communications staff for the annual report that went out. And I really appreciate that, I hope everybody's looking at it. They did want to point out: if for some reason you did not get one at your home when it came in the mail, there's a supply of them here at City Hall and you can also pick them up at the community center. So those are the two places. They had a few that for whatever reason didn't get delivered and they're not sure where they didn't get delivered, so they want to make sure that there's a supply. So either the community center or city hall. And thank you again to the staff. Now there's no further business and so I would entertain a motion to adjourn the meeting.
[41:59] **Council Member**: So moved.
[42:00] **Council Member**: Second.
[42:01] **Mayor Mary Supple**: It's been moved and seconded to adjourn the meeting. Is there any discussion? All in favor please say aye. (Council members: Aye). All opposed? We stand adjourned.