2025-08-26 City Council Agenda
Richfield City Council Agenda
August 26, 2025 -- 7:00 PM
Richfield Municipal Center
Council Chambers
6700 Portland Avenue South
1. Call to Order
2. Pledge of Allegiance
3. Approval of the Agenda
4. Approval of Minutes
a. Approval of the Minutes of the (1) City Council Work Session from August 12, 2025, and
(2) City Council Regular Meeting from August 12, 2025.
5. Open Forum
Participants can share their comments in person, by voicemail, or email, and may also request to
participate virtually. For more information on submitting comments, refer to the Council Agenda and
Minutes page on richfieldmn.gov/citycouncil
6. Proclamations and Presentations
7. Consent Calendar
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. However,
any Council Member may request that an item be removed from the Consent Calendar and placed
on the regular agenda for Council discussion and action. All items listed on the Consent Calendar
are recommended for approval.
a. Approve Disbursements/Claims
b. Consider approval of a Temporary On-Sale Intoxicating Liquor license for St. Peter
Catholic Church, located at 6730 Nicollet Avenue South, for their Tri Fest Harvest 2025
event taking place September 20-21, 2025.
c. Consider approval of a Temporary On Sale Intoxicating Liquor license for October Fest
event scheduled to take place October 4, 2025, at Fred Babcock VFW #5555, located at
6715 Lakeshore Drive.
d. Consider approval of a request for temporary expansions of the licensed premises for
Thompson's Fireside Pizza, Inc. d/b/a Fireside Foundry located at 6736 Penn Avenue
South, and Sandy's Tavern located at 6612 Penn Avenue South, to allow for the outside
service of beer and malt beverages in their parking lot on Sunday, September 21, 2025,
in conjunction with Richfield's Penn Fest event.
e. Consider approval of the first reading of an ordinance amending subsection 905.40 of
the Richfield City Code pertaining to the feeding of wildlife.
f. Consider approval of a first reading of an ordinance amending sections 1135 and 925 of
the Richfield City Code of Ordinances pertaining to temporary outdoor portable storage
containers.
g. Consider approval of a Grant Compliance Agreement with MSP Lupe Richfield LLC
regarding a Tax Base Revitalization Account Seeding Equitable Environmental
Development Grant for 6501 Portland Avenue South.
h. Consider approval of a Loan Agreement with Penn Station Apartments, LLLP for a Local
Housing Initiatives Account Grant.
8. Consideration of Items, if Any Removed From Consent Calendar
9. Public Hearings
10. Proposed Ordinances
a. First reading of ordinance changes related to multifamily development regulations (MR-
2 & MR-3 zoning district updates).
b. First reading of an ordinance regulating the use and licensing of short-term rentals.
c. Consider the second reading of an ordinance amending section 601 of the Richfield
code of ordinances pertaining to solid waste disposal, collection, and hauling.
11. Resolutions
Page 1 of 187
12. Other Business
a. Consideration of the appointment of youth commissioner to City advisory
board/commissions.
13. City Manager’s Report
14. Council Discussion
a. Hats off to Hometown Hits
15. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the
City Clerk at 612-861-9739.
Includes Materials - Materials relating to these agenda items can be found in the Council Chambers Agenda Packet book located by
the entrance. The complete Council Agenda Packet is available electronically on the City of Richfield website.
Page 2 of 187
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
August 12, 2025
ITEM #1
CALL TO ORDER
Mayor Supple called the work session to order at 5:15 p.m. in the Bartholomew Room.
Council Present:
Mary Supple, Mayor; Sharon Christensen, Walter Burk, Sean Hayford
Oleary, Rori A. Coleman-Woods
Staff Present:
Katie Rodriguez, City Manager; Sack Thongvanh, Assistant City Manager;
Steve McDaniel, Budget, Cash, and Debt Manager McDaniel; Jay
Henthorne, Director of Public Safety/Chief of Police; Karl Huemiller,
Recreation Services Director; Kate Aitchison, Communications and
Engagement Manager; Joe Powers, City Engineer; Kristin Asher, Public
Works Director; Matt Hardegger, Transportation Engineer; Michelle
Friedrich, City Clerk; Courtney DesCamps, Senior Analyst; and Mark
McKinley, Administrative Assistant.
ITEM #2
ITEM DISCUSSION
A. Preview the preliminary 2026 Budget and provide a long-term financial planning update as
summarized in the Key Financial Strategies (KFS) spreadsheet. Preview proposed utility
rates, proposed City fees, and the proposed 2026 Capital Improvement Budget (CIB) and
2027-2030 Capital Improvement Plan (CIP).
City Manager Rodriguez opened the meeting with a summary of the agenda before turning to
Steve McDaniel for the first item.
Budget, Cash, and Debt Manager McDaniel outlined the timeline for the budget review and
approval process and provided an update on the budget. He noted that labor force participation
remains below pre-pandemic levels, inflationary pressures are expected to persist into 2026, and
license and permit revenues for 2026 are projected to align closely with 2025 revisions and 2024
actuals. He also presented the proposed 2026 levy, which includes a 5.97% increase, bringing the
total levy to $31,693,831. In response to a question about how surrounding cities are levying, City
Manager Rodriguez explained that she has not yet conducted a survey but will provide that
information to Council soon.
Budget, Cash, and Debt Manager McDaniel reviewed the gross tax levy history over the past eight
years and presented the proposed 2026 general fund budget of $35,079,115, reflecting a 7.18%
increase from the 2025 adopted budget. He walked through general fund revenues, prompting
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City Council Work Session Minutes -2- August 12, 2025
Council to request clarification on the charges for services line item. City Manager Rodriguez
provided further explanation, outlining the circumstances that fall under this category.
Turning to expenditures, Budget, Cash, and Debt Manager McDaniel reviewed both current levels
and historical trends before offering a staffing update. The 2025 revised budget proposes two new
positions: a Finance Senior Financial Analyst to be hired in September 2025 and a Public Works
Asset Management/GIS Analyst in November 2025. Two temporary positions are also proposed.
He additionally reviewed the City’s long-term capital reserves, with City Manager Rodriguez adding
more detail on the reserves forecast.
City Manager Rodriguez then presented the proposed Community Development fee increases.
Director of Public Safety Henthorne followed with fee updates for Public Safety and Support
Services. Public Works Director Asher detailed the proposed Public Works fee increases.
Recreation Services Director Huemiller concluded this portion with Recreation Services’ proposed
fee adjustments.
Public Works Director Asher presented the 2026 utility update, beginning with proposed water rates
and service charges. She noted that future increases will be guided by the 2025 rate study. She
compared 2025 water rates to those of surrounding cities and also addressed wastewater rates,
the fund outlook, and stormwater rates for 2026. In doing so, she reviewed debt service versus
annual revenue, shared the stormwater fund outlook, and displayed 2025 wastewater and
stormwater rates in comparison with nearby communities.
Budget, Cash, and Debt Manager McDaniel returned to provide an overview of the capital
budgeting process. He shared a breakdown of the proposed 2026 capital improvement budget,
outlined project totals for 2027–2030, and reviewed capital improvement funding by source.
City Engineer Powers highlighted upcoming public works projects, including the Nicollet Avenue
and Penn Avenue reconstructions, as well as multiple sidewalk improvements. He also described
several joint projects with the utility department.
Recreation Services Director Huemiller reported that the new Wood Lake Nature Center building is
expected to open in winter 2026. He also provided updates on the Veterans Memorial Park
Complex, the new $55 million Community Center building, and the Parks Master Plan. Finally, he
noted that the Donaldson Park building project has been placed on hold.
ITEM #3
ADJOURNMENT
Mayor Supple adjourned the work session at 6:43 p.m.
Date Approved: August 26, 2025
Mary B. Supple
Mayor
Michelle Friedrich Katie Rodriguez
City Clerk City Manager
Page 4 of 187
ITEM #1
CALL TO ORDER
The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers.
Council Present:
Mary Supple, Mayor; Sharon Christensen; Walter Burk; Sean
Hayford Oleary; and Rori A. Coleman-Woods.
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney;
Melissa Pohlman, Community Development Director; Kristin
Asher, Public Works Director, and Michelle Friedrich, City
Clerk.
Others Present: None.
ITEM #2
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
ITEM #3
APPROVAL OF AGENDA
MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Burk to approve
Agenda as presented.
Motion carried: 5-0
ITEM #4
APPROVAL OF MINUTES
MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Christensen to
approve the minutes of the: (1) City Council Work Session from July 22, 2025, and (2) City Council
Regular Meeting from July 22, 2025.
Motion carried: 5-0
ITEM #5
OPEN FORUM
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
August 12, 2025
Page 5 of 187
City Council Meeting Minutes -2- August 12, 2025
Mayor Supple reviewed the participation options for residents at the Council meeting, including in-
person comments, comments by voicemail or email, and an option to request to participate virtually
with advance notice. Mayor Supple noted that more information on submitting comments can be
reviewed at www.richfieldmn.gov/citycouncil.
No residents participated in the Open Forum public comment opportunity.
ITEM #6
PROCLAMATIONS AND PRESENTATIONS
None.
ITEM #7
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar. City Manager Rodriguez noted clerical
revisions on Consent Calendar item 7B First Reading of an Ordinance Amending Section 601 of
City Code, and added revisions will be included in the second reading of the ordinance at a future
Council meeting.
A. Approve Disbursements/Claims
U.S. BANK 08/07/2025
A/P Checks: (7/19/25-8/07/25) $2,173,806.65
Payroll (08/01/2025) $1,381,036.22*
*This amount includes health insurances
premiums for August 2025.
TOTAL $3,554,842.87
B. Consider the approval of the first reading of an ordinance amending Section 601 of the
Richfield City Code to include new language clarifying definitions and multi-family recycling
requirements.
C. Consider the adoption of a resolution supporting a Livable Communities Demonstration
Account grant application to the Metropolitan Council for a proposed small business
center/coworking space at 6440 Nicollet Avenue South.
RESOLUTION NO. 12331
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING APPLICATION FOR
GRANT FUNDS FOR SMALL BUSINESS CENTER/CO-WORKING SPACE AT 6440
NICOLLET AVE SOUTH
D. Consider approval of an agreement between the City of Richfield and Udris Burgess
Architecture and Design, Inc., for professional services in the design and engineering for
the Veterans Memorial Park improvements.
MOTION: made by Councilmember Coleman-Woods, seconded by Councilmember Christensen to
approve the consent calendar.
Motion carried: 5-0
Page 6 of 187
City Council Meeting Minutes -3- August 12, 2025
ITEM #8
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #9
PUBLIC HEARINGS
None.
ITEM #10
PROPOSED ORDINANCES
None.
ITEM #11
RESOLUTIONS
A. Summary of the City Manager's annual performance evaluation for the period of June 2024
to July 2025, held on July 8 and July 22, 2025, as required by Minn. Statutes 13D.05 Subd.
3(a), and consider a resolution amending the employment agreement between the City of
Richfield and City Manager Katie Rodriguez.
Mayor Supple presented the Staff Report and read the summary of the City Manager’s performance
evaluation. She thanked City Manager Rodriguez for her help in the City and for her leadership.
Council thanked City Manager Rodriguez for all she has done for the Council and the City.
City Manager Rodriguez thanked Council for their feedback and discussion.
MOTION: made by Mayor Supple, seconded by Councilmember Hayford Oleary to approve the
resolution amending the City’s Manager’s employment agreement with the City reflecting a salary
adjustment.
RESOLUTION NO. 12332
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT WITH CATHERINE
RODRIGUEZ
Motion carried: 5-0
ITEM #12
OTHER BUSINESS
None.
Page 7 of 187
City Council Meeting Minutes -4- August 12, 2025
ITEM #13
CITY MANAGER’S REPORT
None.
ITEM #14
COUNCIL DISCUSSION
A. Review and Update the City Council Rules of Procedure and Decorum
City Manager Rodriguez introduced the review process for the Rules of Procedure and Decorum
and invited City Clerk Friedrich to present key sections for Council discussion. City Clerk Friedrich
presented highlighted sections for Council input.
Council requested Hats Off to Hometown Hits remain under the Council Discussion section of the
agenda. Council discussion included adding an agenda item under the Council Discussion section
for councilmembers serving as liaisons to report on Commission updates. Council consensus
supported the addition of a Liaison Reports item, under the Council Discussion section of the
agenda, once a month or as needed.
City Clerk Friedrich reviewed current language for Appealing the Ruling of Presiding Officer Section
4, Subd 2, and noted limiting Council discussion on appealing the ruling of the presiding officer is
not conveyed in the Sturgis Standard Code of Parliamentary Procedure. Council consensus was to
amend the language to remove the provision that limits participation in the appeal discussion,
which would be consistent with Sturgis.
City Clerk Friedrich asked for feedback regarding Varying the Order of Business Section 5, Subd 4.
Council noted the Rules of Procedure and Decorum should reference, with Council input, the
Mayor can vary the agenda order.
City Clerk Friedrich provided clarity in Consent Agenda Section 5, Subd 6, regarding Council
removal of an item from the consent agenda for further discussion.
City Clerk Friedrich reviewed the proposed language in Section 5, Subd 7, when Council adds a
non-agenda item(s) to the agenda.
City Clerk Friedrich reviewed new language for Public Participation Section 5, Subd 9 (a-d) and
referenced the current time limit of 15 minutes for open forum. Council discussed limiting the total
public comment time to 15 minutes or extending the limit to 30 minutes during regularly scheduled
Council meetings. City Attorney Tietjen provided clarity regarding limiting certain discussion during
open forum. Council consensus was to increase the limit to 30 minutes, with a majority vote
needed to extend the open forum time. Clerk Friedrich reviewed the remainder of the language
surrounding public participation, including speaker name, changing full address disclosure to
resides in the City of Richfield, and provided clarification relating to email comments. Council noted
adding language to limit each speaker to 3 minutes during public hearings, with a majority vote
needed to extend the speaker’s time.
City Clerk Friedrich reviewed the language regarding Excused From Voting Section 6, Subd 3.
Council requested the addition of language referencing a councilmember may not participate in the
discussion if they are abstaining from the vote either by unanimous consent of the other members
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City Council Meeting Minutes -5- August 12, 2025
present, or due to abstention as required by law. Attorney Tietjen provided context on limiting
discussion when abstaining from voting.
City Clerk Friedrich reviewed the Rules of Decorum Section 7, Subd 3, for discussion. Council
consensus supported the proposed language noting the mayor or any councilmember may bring a
motion to limit discussion on any question.
City Clerk Friedrich reviewed the current and proposed language for Rules of Decorum Conduct
Section 7, Subd 9. Attorney Tietjen clarified that the decorum for conduct is focused on the
Council's conduct rather than the public’s conduct.
City Clerk Friedrich noted changes made to Enforcement of Decorum Section 8. City Attorney
Tietjen provided some context for certain enforcement and situations that may arise.
B. Hats off to Hometown Hits
Councilmember Burk expressed appreciation to the crews working on improvements at Donaldson
Park.
Councilmember Hayford Oleary thanked all those who helped make National Night Out a success.
Councilmember Coleman-Woods shared that National Night Out was a successful event and that
she enjoyed spending time with her neighbors.
Councilmember Christensen shared that she was unable to attend National Night Out as she is
recovering from knee surgery but noted that the event appeared to be a success.
Mayor Supple thanked staff for their efforts in supporting the decorum discussion. She also shared
the news of the recent passing of Santwana Dasgupta, a highly engaged and active Richfield
resident.
A resident at the meeting requested he receive time to speak to the Council.
MOTION: made by Mayor Supple, seconded by Councilmember Christensen to allow a resident to
speak during open forum for 3 minutes.
Motion carried: 5-0
Phillip Lorie, Richfield resident, shared a story of reckless driving near Main Street Village and the
surrounding neighborhoods. Mr. Lorie noted that a letter was sent to Police Chief Henthorne, and
no response has been received. Mr. Lorie expressed his concerns about limiting public comment to
3 minutes.
ITEM #15
CLOSED SESSION
None.
ITEM #16
ADJOURNMENT
MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Christensen to
adjourn the meeting at 8:13 p.m.
Page 9 of 187
City Council Meeting Minutes -6- August 12, 2025
Motion carried: 5-0
Date Approved: August 26, 2025
Mary Supple
Mayor
Michelle Friedrich Katie Rodriguez
City Clerk City Manager
Page 10 of 187
City Council Meeting 8/26/2025
Agenda Section: Consent Calendar
Agenda Item: 7.b.
Report Prepared By:
Jennifer Anderson, Support Services Manager
Department Director:
Jay Henthorne, Police Chief
Item for Consideration:
Consider approval of a Temporary On-Sale Intoxicating Liquor license for St.
Peter Catholic Church, located at 6730 Nicollet Avenue South, for their Tri Fest
Harvest 2025 event taking place September 20-21, 2025.
EXECUTIVE SUMMARY
On August 1, 2025, the City received application materials for a Temporary On-Sale
Intoxicating Liquor license for St. Peter Catholic Church, located at 6730 Nicollet
Avenue South, for their Tri Fest Harvest 2025 event taking place September 20-21,
2025. They will serve intoxicating liquor, wine and 3.2 percent malt liquor from 11:00
a.m. to 9:00 p.m. on Saturday, September 20, and from 11:00 a.m. to 3:00 p.m. on
Sunday, September 21, 2025. There will also be food vendors.
The Director of Public Safety has reviewed all required information and documents and
has found no basis for denial.
HISTORICAL CONTEXT
The applicant has satisfied the following requirements for the issuance of this license:
• The required licensing fee has been paid.
• Proof of liquor liability insurance has been provided showing the Catholic Mutual
Relief Society of America affording the coverage.
RECOMMENDED ACTION
By motion: Approve issuance of a Temporary On-Sale Intoxicating Liquor license
for St. Peter Catholic Church, located at 6730 Nicollet Avenue South, for their Tri
Fest Harvest 2025 event taking place on September 20-21, 2025.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The Richfield Police Department is committed to ensuring equity and inclusivity in our
work. In some instances, equity considerations may not directly apply; however, staff
review of policy and processes will always consider DEI principles.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
Richfield City Code Section 1202.05 requires all applicants to comply with all of the
provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A.
Page 11 of 187
CRITICAL TIMING ISSUES
Approval is required at the August 26, 2025 meeting to ensure issuance of the liquor
license.
FINANCIAL IMPACT
There is no financial impact.
LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved the contents of the staff report.
ALTERNATIVE RECOMMENDATION(S)
The Council could deny the approval of the Temporary On-Sale Intoxicating Liquor
license for St. Peter Catholic Church. This would mean the applicant would not be able
to serve intoxicating liquor, wine, or 3.2 percent malt liquor. However, Public Safety has
not found any basis for denial.
ATTACHMENTS
None
Page 12 of 187
City Council Meeting 8/26/2025
Agenda Section: Consent Calendar
Agenda Item: 7.c.
Report Prepared By:
Jennifer Anderson, Support Services Manager
Department Director:
Jay Henthorne, Police Chief
Item for Consideration:
Consider approval of a Temporary On Sale Intoxicating Liquor license for October
Fest event scheduled to take place October 4, 2025, at Fred Babcock VFW #5555,
located at 6715 Lakeshore Drive.
EXECUTIVE SUMMARY
On August 8, 2025, the City received application materials for a Temporary On Sale
Intoxicating Liquor license for the October Fest event scheduled to take place October
4, 2025, at Fred Babcock VFW #5555, located at 6715 Lakeshore Drive.
This is a fundraiser for the Richfield Girls Fastpitch Softball team. Food and
refreshments, including alcohol, will be sold at the event. Their request is to serve
alcohol from 12:00 p.m. to 9:00 p.m.
The Director of Public Safety has reviewed and approved the license application and
sees no reason it should be denied.
All required information has been provided and all licensing fees have been received.
HISTORICAL CONTEXT
The applicant has satisfied the following requirements for the issuance of this license:
• The required licensing fee has been paid.
• Proof of liquor liability insurance has been submitted showing Integrity Mutual
Insurance Company affording coverage (parking lot included).
• The applicant has contacted sanitarians from the City of Bloomington to ensure
proper food handling practices are followed.
• Employees of the VFW will be providing security and will patrol the area for this
event.
RECOMMENDED ACTION
By motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor
license for October Fest event scheduled to take place October 4, 2025, at Fred
Babcock VFW #5555, located at 6715 Lakeshore Drive.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The Richfield Police Department is committed to ensuring equity and inclusivity in our
Page 13 of 187
work. In some instances, equity considerations may not directly apply; however, staff
review of policy and processes will always consider DEI principles.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
Richfield City Code Section 1202.05 requires all applicants to comply with all of the
provisions of this code, as well as the provisions of Minnesota Statue Chapter 340A.
CRITICAL TIMING ISSUES
The sale of intoxicating liquor in the parking lot must cease no later than 9:00 pm on
October 4, 2025.
FINANCIAL IMPACT
The required licensing fees have been received.
LEGAL CONSIDERATIONS
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(S)
The Council could deny the requested license; however, that would mean the applicant
would not be able to serve alcohol outside to the public during the event on October 4.
ATTACHMENTS
None
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City Council Meeting 8/26/2025
Agenda Section: Consent Calendar
Agenda Item: 7.d.
Report Prepared By:
Jennifer Anderson, Support Services Manager
Department Director:
Jay Henthorne, Police Chief
Item for Consideration:
Consider approval of a request for temporary expansions of the licensed
premises for Thompson's Fireside Pizza, Inc. d/b/a Fireside Foundry located at
6736 Penn Avenue South, and Sandy's Tavern located at 6612 Penn Avenue
South, to allow for the outside service of beer and malt beverages in their parking
lot on Sunday, September 21, 2025, in conjunction with Richfield's Penn Fest
event.
EXECUTIVE SUMMARY
On August 14, 2025, Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry requested
permission to serve beer and malt beverages outside in the parking lot area of their
licensed establishment in conjunction with Richfield's Penn Fest event. While Fireside
Foundry is currently licensed to sell intoxicating liquor, their license is only valid for the
interior and outside patio areas, and their license does not allow alcohol service beyond
their patio area.
On August 18, 2025, Sandy's Tavern requested permission to serve beer and malt
beverages outside in the parking lot area of their licensed establishment in conjunction
with Richfield's Penn Fest event. While Sandy's Tavern is currently licensed to sell
intoxicating liquor, their license is only valid for the interior and outside patio areas, and
their license does not allow alcohol service beyond their patio area.
This request for a temporary expansion of the licensed premises for Fireside Foundry
and Sandy's Tavern would allow for the service of beer and malt beverages only, and
would be valid only on Sunday, September 21, 2025, from 1:00 p.m. to 5:00 p.m. during
Richfield's Penn Fest event.
All required information and documents have been provided. The Director of Public
Safety has reviewed all required information and documents and has found no basis for
denial.
HISTORICAL CONTEXT
The following requirements have been met:
• The City has been provided with a written narrative and drawing of the parking
area showing how Fireside Foundry and Sandy's Tavern will control the flow of
patrons purchasing beer and how they will be contained and monitored.
• Proof of liquor liability insurance covering the exterior of the premises has been
Page 15 of 187
provided, showing Mid-Century Insurance Company affording the coverage for
Fireside Foundry and Society Insurance affording coverage for Sandy's Tavern.
• The applicants have contacted food sanitarians from the City of Bloomington to
ensure proper food handling practices are followed.
RECOMMENDED ACTION
By motion: Approve the request for a temporary expansion of the licensed
premises for Thompson's Fireside Pizza, Inc. d/b/a Fireside Foundry located at
6736 Penn Avenue South, and Sandy's Tavern located at 6612 Penn Avenue
South, to allow for the outside service of beer and malt beverages in their parking
lot on Sunday, September 21, 2025, in conjunction with Richfield's Penn Fest
event.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The Richfield Police Department is committed to ensuring equity and inclusivity in our
work. In some instances, equity considerations may not directly apply; however, staff
review of policy and processes will always consider DEI principles.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
Richfield City Code Section 1202.05 requires all applicants to comply with all of the
provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A.
CRITICAL TIMING ISSUES
Penn Fest takes place on September 21, 2025, so approval by the City Council is
needed at the regular meeting on August 26, 2025.
FINANCIAL IMPACT
This is a temporary expansion for the premises of their current alcohol license, so no
fee is required.
LEGAL CONSIDERATIONS
Minnesota Statute 340A.410, Subd. 7, states a licensing authority may issue a retail
alcoholic beverage license only for a space that is compact and contiguous and the
retail alcoholic beverage license is only effective for the licensed premises specified in
the approved application which, in this case, is the interior of their business only. In
previous years, the City attorney has advised the staff that the Council would need to
approve an expansion beyond the interior walls of any establishment not already
licensed for outdoor service.
ALTERNATIVE RECOMMENDATION(S)
The Council could deny the request for the temporary expansion of the licensed
premises Fireside Foundry and Sandy's Tavern. This would mean the applicants would
not be able to serve beer and malt beverages outside in the parking lot area of their
establishments during Richfield's Penn Fest event.
ATTACHMENTS
None
Page 16 of 187
City Council Meeting 8/26/2025
Agenda Section: Consent Calendar
Agenda Item: 7.e.
Report Prepared By:
Jennifer Anderson, Support Services Manager
Department Director:
Jay Henthorne, Police Chief
Item for Consideration:
Consider approval of the first reading of an ordinance amending subsection
905.40 of the Richfield City Code pertaining to the feeding of wildlife.
EXECUTIVE SUMMARY
The proposed update to the code addresses problems with the feeding of wildlife in the
city, and not just deer and raccoons as currently written. A significant increase in
complaints among neighbors has driven the need to create a new definition of deer and
raccoons and suggest a prohibition on feeding wildlife in general.
HISTORICAL CONTEXT
Over the past several years, there have been increasing complaints from neighbors
about properties with excessive feed (grains, corn, etc.) being intentionally placed on
the ground, attracting abnormally large numbers of wildlife to yards. This has caused
long-term, repeated complaints, unsuccessful mediation between residents and the
inability of the city to enforce the current code referring to just raccoons and deer.
Wildlife are better off not being fed by humans as it can be detrimental to their health
and well-being, and can also create health and safety hazards for both humans and
animals, according to the Minnesota DNR. By broadening the current definition of deer
and raccoons to wildlife in general, this allows the city to address chronic feeding of
wildlife on private property.
RECOMMENDED ACTION
By Motion: Approve the first reading of an ordinance amending city code
subsection 905.40 addressing the feeding of wildlife.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The Richfield Police Department is committed to ensuring equity and inclusivity in our
work. In some instances, equity considerations may not directly apply; however, staff
review of policy and processes will always consider DEI principles.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
This will amend subsection 905.40 to create a new definition of wildlife and the
prohibition of feeding across the city.
CRITICAL TIMING ISSUES
There are no critical timing issues
Page 17 of 187
FINANCIAL IMPACT
There is no financial impact
LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved the contents of the staff report.
ALTERNATIVE RECOMMENDATION(S)
The City Council could deny the first reading of the ordinance and direct staff on how to
proceed.
ATTACHMENTS
1. 2025-XX Wild Animals Ordinance
Page 18 of 187
1
DOCSOPEN\RC160\3\1031825.v2-6/5/25
BILL NO. 2025-_____
AN ORDINANCE AMENDING SUBSECTION 905.40 OF THE
RICHFIELD CODE OF ORDINANCES PERTAINING TO
FEEDING WILD ANIMALS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 905.40 of the Richfield Code of Ordinances is hereby
amended as follows:
905.40 – Feeding of deer and raccoons wild animals prohibited.
Subdivison 1. Prohibition. No person shall provide liquids or edible material to deer or
raccoons within the boundaries of the City.
Definitions. For the purposes of this subsection the terms defined have the meanings
given them:
a. “Wild animal” is an animal that lives in its natural habitat and is not domesticated
nor relies on humans for survival, such as but not limited to raccoons, deer,
turkeys, ducks, squirrels, rabbits, geese, and other similar animals.
b. “Feed” is providing non-birdseed or birdseed mixtures, grain, fruit, vegetables, hay,
mineral salt or other food source, either at ground level or at a height of less than
five (5) feet above any surface, including retaining walls, decks, and patios.
Subd. 2. Exception. This subsection does not apply to veterinarians, City animal
wardens, or county, state or federal game officials who in the course of their duties have
deer or raccoons in their custody or under their management.
Subd 2. Prohibition. No person shall feed any wild animal within the boundaries of the
City or maintain any conditions on their property that would encourage or openly invite a
wild animal to feed, such as, but not limited to excessive spillage from bird feeders onto
the open ground.
Subd. 3. Penalty. A violation of this subsection shall be deemed a public nuisance.
Subd. 4. Exception. This subsection does not apply to veterinarians, authorized City
officials, bird feeders above five (5) feet off any surface, fowl licensees, or county, state,
or federal game officials who in the course of their duties have wild animals in their
custody or under their management.
Subd. 5. This subsection is subject to any county, state, or federal temporary feeding
ban.
Section 2. This ordinance will be effective in accordance with Section 3.09 of
the City Charter.
Page 19 of 187
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DOCSOPEN\RC160\3\1031825.v2-6/5/25
Adopted by the City Council of the City of Richfield on this ____ day of ________ 2025.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 20 of 187
City Council Meeting 8/26/2025
Agenda Section: Consent Calendar
Agenda Item: 7.f.
Report Prepared By:
Jennifer Anderson, Support Services Manager
Department Director:
Jay Henthorne, Police Chief
Item for Consideration:
Consider approval of a first reading of an ordinance amending sections 1135 and
925 of the Richfield City Code of Ordinances pertaining to temporary outdoor
portable storage containers.
EXECUTIVE SUMMARY
The city has taken an increasing number of resident complaints over the past couple of
years regarding portable hard-sided storage containers on private property for months
on end, and in some cases, years. In a typical situation, a portable storage container is
appropriate when remodeling or moving in or out of a home. The container may be
onsite for a couple of weeks and then picked up. Staff suggest proposed changes to
address the length of time a container can be onsite, along with a few other
requirements.
HISTORICAL CONTEXT
In the cases highlighted, enforcement staff are seeing containers on driveways for
months and in a few cases, years, being used as an accessory dwelling unit and
permanent storage. Resident complaints highlight the aesthetics of the container in a
residential driveway, the size of the container which creates safety issues of blocking
sight lines, and the time the container has been onsite. The proposed changes include
restriction of size, placement of container, a limit of one container at a time and a limit of
three 30-day periods per calendar year for containers to be on a property, with an
exception clause allowing a 6-month timeframe due to construction or remodeling and
the requirement that the homeowner and/or contractor submit a request in writing for the
extended placement.
RECOMMENDED ACTION
By Motion: Approve the first reading of an ordinance amending sections 1135 and 925
of the Richfield City Code of Ordinances pertaining to temporary outdoor portable
storage containers.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The Richfield Police Department is committed to ensuring equity and inclusivity in our
work. In some instances, equity considerations may not directly apply; however, staff
review of policy and processes will always consider DEI principles.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
Richfield's current city code does not address stipulations around outdoor portable
Page 21 of 187
storage pods.
CRITICAL TIMING ISSUES
There are no critical timing issues.
FINANCIAL IMPACT
There is no financial impact.
LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved the contents of the staff report.
ALTERNATIVE RECOMMENDATION(S)
The City Council could deny the first reading of the ordinance and direct staff on how to
proceed.
ATTACHMENTS
1. 2025-XX Temp Pod Containers Ordinance V2
Page 22 of 187
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BILL NO. 2025-_____
AN ORDINANCE AMENDING SECTIONS 1135 AND 925 OF THE
RICHFIELD CODE OF ORDINANCES PERTAINING TO
TEMPORARY OUTDOOR PORTABLE STORAGE CONTAINERS
Section 1. Subsection 1135.03 of the Richfield Code of Ordinances is hereby
amended as follows:
1135.03. – Definitions.
Subdivision 1. For the purposes of this section, the terms defined in this
subsection have the meaning given them.
Subd. 2. "Storage" means the placing or depositing of equipment, materials or
inventory in a storage enclosure for safekeeping pending further use.
Subd. 3. "Equipment", "materials" or "inventory" means equipment, material or
inventory owned or in possession in the course of business of an industrial or commercial
establishment regulated by this section; the term does not include utility trailers or trucks
stored or offered for sale by dealers licensed under section 1185, or new or used motor
vehicles stored or offered for sale by motor vehicle dealers licensed under section 1155.
(Correction, 12-22-89)
Subd. 4. "Merchandising" means the offering of goods for sale or rental to the
general public.
Subd. 5. "Permanent outdoor display" means merchandising by display on a
continuous, year-round basis.
Subd. 6. "Temporary outdoor display" means seasonal or intermittent
merchandising by display on less than a continuous, year-round basis.
Subd. 7. “Temporary outdoor portable storage container” means a structure or
enclosure used for the purpose of temporary storage of personal property.
Subd. 78. "Permanent outdoor display enclosure" means a structure, container or
device of a permanent nature, designed in conformance with applicable provisions of the
City building and fire prevention codes and this section, and used in display merchandise
for sale.
Subd. 89. "Director" means the Director of Public Safety.
Page 23 of 187
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Section 2. The Richfield Code of Ordinances is hereby amended to add the
following new subsection 1135.18:
1135.18 – Temporary outdoor portable storage containers.
Subdivision 1. Size and placement requirements. A temporary outdoor portable
storage container is permitted on property in a residential zone subject to all the following
requirements. The container:
(a) Must be no larger than 16x8x8 feet.
(b) Must be placed on a hard surface designed for parking such as concrete
pavement, asphalt or gravel.
(c) Must be placed as far back from any public street as reasonably possible.
(d) May not be placed in areas reserved for off-street parking or landscaping.
(e) May not unsafely obstruct the vision of drivers of automobiles entering onto the
premises it is located on.
(f) May not encroach on a public right-of-way or adjacent private property.
Subd. 2. Additional Requirements. The following additional requirements apply:
(a) No more than one temporary portable storage container may be placed on a
property at one time.
(b) A temporary outdoor storage container may not remain on a property longer
than thirty (30) consecutive days.
(c) Placement of a temporary outdoor storage container is limited to three 30-day
periods per calendar year on any single property.
(d) Temporary outdoor storage containers must be sourced from an established
and reputable company specializing in temporary outdoor storage.
Subd. 3. City approval required for longer storage period. A property owner may
use a temporary outdoor portable storage container on their property for a period longer
than allowed in subdivision 2, subject to all the following:
(a) The extended period shall be no longer than 180 days within a 12-month
period, starting on the date the container is first placed on the property.
(b) The need for the extended period is related to construction or remodeling
activity on the property.
Page 24 of 187
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(c) The continued use of the container does not create public safety concerns, in
the discretion of the City, or a public nuisance as defined by Section 925.
(d) The property owner, manager of the construction work on the property, or their
authorized representatives, must apply for a permit on a form provided by the
City and receive written approval from the Director, or their designee, of the
extended placement of the container.
Subd. 4. Public nuisance. Failure to comply with this subsection constitutes a
public nuisance under City Code subsection 925.01, subd. 4.
Section 3. Subsection 925.01, subd. 4 of the Richfield Code of Ordinances is
hereby amended to add a new paragraph (u):
925.01. – Public nuisances.
Subd. 4. Public nuisances affecting peace and safety. The following are declared
to be nuisances affecting peace and safety:
. . .
(u) Temporary outdoor portable storage containers that do not comply with the
standards and requirements as set forth in subsection 1135.18.
Section 4. This ordinance will be effective in accordance with Section 3.09 of
the City Charter.
Adopted by the City of Richfield this ___ day of _________, 2025.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 25 of 187
City Council Meeting 8/26/2025
Agenda Section: Consent Calendar
Agenda Item: 7.g.
Report Prepared By:
Jan Youngquist, Economic Development Manager
Department Director:
Melissa Poehlman, Community Development Director
Item for Consideration:
Consider approval of a Grant Compliance Agreement with MSP Lupe Richfield
LLC regarding a Tax Base Revitalization Account Seeding Equitable
Environmental Development Grant for 6501 Portland Avenue South.
EXECUTIVE SUMMARY
The former American Legion property located at 6501 Portland Avenue South
(Property) has been identified for redevelopment for several years. MSP Lupe Richfield
LLC (Property Owner) acquired the Property in December 2024 and is exploring options
to redevelop the Property with multifamily housing. One of the first steps in the planning
process is to identify any environmental issues with the building and the site.
Although a development project has not been approved, environmental investigation
and cleanup will be required for any future redevelopment of the Property. The
Metropolitan Council's Tax Base Revitalization Account Seeding Equitable
Environmental Development (TBRA-SEED) Program is intended for sites located within
equitable development areas with or without a specific development project underway
that show potential for future job growth or housing development. The Metropolitan
Council requires the city to be the applicant and administrator of TBRA-SEED Program
funds.
On June 25, the City was awarded a TBRA-SEED Grant (Grant) in the amount of
$35,000 from the Metropolitan Council for environmental investigations of the Property.
The Property Owner will undertake the activities and be reimbursed with the Grant
funds. The Grant Compliance Agreement lays out the terms and conditions for
reimbursing the Property Owner for these activities.
HISTORICAL CONTEXT
• The Property has been identified for redevelopment for several years. In 2021,
the City undertook a master planning process for the area surrounding Veterans
Memorial Park and identified the Property as an important site for future
redevelopment.
• MSP Lupe Richfield LLC purchased the Property in December 2024 and has
been exploring options to redevelop the Property with multifamily housing.
• On April 22, 2025, the City Council authorized staff to submit a TBRA-SEED
application to the Metropolitan Council for environmental investigations of the
Property.
Page 26 of 187
• On June 25, 2025, the Metropolitan Council awarded a $35,000 TBRA-SEED
Grant to the City.
RECOMMENDED ACTION
By motion: Approve a Grant Compliance Agreement with MSP Lupe Richfield LLC
regarding a Tax Base Revitalization Account Seeding Equitable Environmental
Development Grant for 6501 Portland Avenue South.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
• The Strategic Plan identifies a diversified tax base as a desired outcome.
Evaluating the environmental conditions of the site is the first step to preparing
the Property for redevelopment. Future redevelopment of the Property will help
contribute toward a diversified tax base.
• The Property is located within an equitable development area, as identified by
the Metropolitan Council. Evaluating the environmental conditions of the Property
will identify the type of environmental cleanup that is required, which will benefit
the residents in the equitable development area, as well as in the City overall.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
The City and the Metropolitan Council have executed a Grant Agreement that lays out
the terms of the Grant. The Grant Compliance Agreement conveys those terms and
conditions to MSP Lupe Richfield LLC.
CRITICAL TIMING ISSUES
• The Grant-funded activities may not commence until the Grant Compliance
Agreement has been executed by the City and the Property Owner.
• The Grant expires June 30, 2027.
FINANCIAL IMPACT
• The City was awarded $35,000 in Grant funds from the Metropolitan Council.
• The City intends to provide the Grant funds to the Property Owner.
LEGAL CONSIDERATIONS
• The City Attorney reviewed the Grant Compliance Agreement, which was
prepared by the HRA Attorney.
ALTERNATIVE RECOMMENDATION(S)
1. Decide not to approve the Agreement.
2. Approve the Agreement with changes.
Page 27 of 187
ATTACHMENTS
1. Grant Compliance Agreement
Page 28 of 187
GRANT COMPLIANCE AGREEMENT
This GRANT COMPLIANCE AGREEMENT (the “Agreement”) is made and entered into this ___ day of ______________, 2025, between the City of Richfield, Minnesota, a municipal corporation under the laws of the State of Minnesota (the “City”), and MSP Lupe Richfield LLC, a limited liability company (the “Property Owner”). RECITALS WHEREAS, the Property Owner owns the former American Legion site located at 6501 Portland Avenue South, Richfield, Minnesota (the “Property”), and is exploring developing multifamily housing on the Property; and
WHEREAS, to assist the Property Owner in obtaining financing for environmental investigations of the Property, the City submitted an application to the Metropolitan Council for funds available under the Tax
Base Revitalization Account Seeding Equitable Environmental Development Program (“TBRA-SEED”); and WHEREAS, the City was awarded and accepted a Tax Base Revitalization Account Seeding
Equitable Environmental Development Grant in the maximum amount of $35,000 from Metropolitan Council (the “TBRA-SEED Grant”); and WHEREAS, pursuant to the Tax Base Revitalization Account Seeding Equitable Environmental Development Grant Agreement (the “TBRA-SEED Grant Agreement”), proceeds of the TBRA-SEED Grant may be used for a Phase I Environmental Site Assessment (“ESA”), Phase II ESA, and related environmental investigation and oversight (the “Eligible Costs”); and WHEREAS, a copy of the TBRA-SEED Grant Agreement has been provided to the Property Owner; and
WHEREAS, the City intends to provide the proceeds of the TBRA-SEED Grant to the Property Owner to pay for Eligible Costs, and NOW, THEREFORE, IT IS HEREBY AGREED by and between the City and the Property Owner as follows:
1. The TBRA-SEED Grant Agreement is incorporated herein by reference. 2. The Property Owner has read the TBRA-SEED Grant Agreement and agrees to comply with all terms, conditions, and obligations of the City under the TBRA-SEED Grant Agreement, including but not limited to providing evidence of expenditures for Eligible Costs, establishing and maintaining records, consenting to audits, and providing project progress reports. 3. Pursuant to Section 2.05 of the TBRA-SEED Grant Agreement, the Property Owner shall not use any grant funds for loans or grants to any subrecipient at any tier unless the City obtains the prior written consent of the Metropolitan Council.
4. The Property Owner agrees to fully indemnify the City for any liability incurred by the City with respect to the TBRA-SEED Grant Agreement.
Page 29 of 187
S-1
IN WITNESS WHEREOF, the parties have executed this Grant Compliance Agreement
effective the date and year first written above.
CITY OF RICHFIELD, MINNESOTA By Its Mayor
By
Its City Manager
MSP LUPE RICHFIELD LLC
By Name Its
Page 30 of 187
City Council Meeting 8/26/2025
Agenda Section: Consent Calendar
Agenda Item: 7.h.
Report Prepared By:
Julie Urban, Assistant Community Development Director
Department Director:
Melissa Poehlman, Community Development Director
Item for Consideration:
Consider approval of a Loan Agreement with Penn Station Apartments, LLLP for
a Local Housing Initiatives Account Grant.
EXECUTIVE SUMMARY
The Metropolitan Council awarded the City a Local Housing Incentives Account (LHIA)
Grant in the amount of $850,000 for Penn Station Apartments LLLP (Developer) and the
development of 42 units of affordable housing at 6501-25 Penn Avenue South. The
development is using equity from federal Low Income Housing Tax Credits (LIHTC) to
finance the project, and the rules of LIHTC financing make it most beneficial to the
project if the LHIA funds are provided to the project in the form of a deferred loan. The
Loan Agreement, promissory note, and mortgage between the City and the Developer
lay out the terms of the loan, which are consistent with the requirements of the LHIA
Grant.
HISTORICAL CONTEXT
• In December 2024 the development was awarded $2.24 million in LIHTC.
• On June 10, 2025, the City Council approved land use entitlements for the
development.
• On June 16, 2025, the City's Housing and Redevelopment Authority (HRA)
approved a Contract for Private Redevelopment with the Developer to sell HRA-
owned property located at 6501-25 Penn Avenue South for the development of
42 units of affordable housing.
RECOMMENDED ACTION
By motion: Approve a Loan Agreement and related documents with Penn Station
Apartments LLLP for a Local Housing Initiatives Account Grant.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
• The project provides housing that meets several of the City's Strategic Plan and
equity goals including providing three and four bedroom housing units, housing
affordable at 30% of the Area Median Income, and housing for people with
disabilities.
Page 31 of 187
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
• LIHTC rules make it most beneficial to the development if the LHIA Grant is
provided to the development as a deferred loan.
CRITICAL TIMING ISSUES
Approval of the loan documents by the City will help the Developer to submit the
documents to Minnesota Housing for approval and meet the goal of closing on all
financing sometime this Fall.
FINANCIAL IMPACT
• The $850,000 Grant is provided by the Metropolitan Council. The City provides a
small amount of in-kind staff time to administer the Grant.
LEGAL CONSIDERATIONS
• The loan documents were prepared by the City Attorney's office.
• The term of the loan is 30 years. At that time the Developer will be required to
repay the loan to the City. In accordance with the terms of the City's Grant
Agreement with the Metropolitan Council, the City agrees to do one of the
following with the proceeds:
o 1. Repay proceeds to the Metropolitan Council;
o 2. Make the Grant funds available to the development for "an extended
use period" (i.e., extension of the affordability period beyond 30 years),
or;
o 3. Redeploy the Grant funds in compliance with the Livable Communities
Act or affordable housing goals.
ALTERNATIVE RECOMMENDATION(S)
1. Approve the loan documents with modifications.
2. Decide not to approve the loan documents.
ATTACHMENTS
1. LHIA Loan - Loan Agreement - (Penn Station)
2. LHIA Loan - Mortgage - (Penn Station)
3. LHIA Loan - Note - (Penn Station)
4. Penn Station Grant Agreement with Met Council
Page 32 of 187
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Error! Unknown document property name.
LOAN AGREEMENT
(LHIA)
THIS LOAN AGREEMENT (the “Agreement”) is made and entered into as of this ___
day of ____________, 2025 (the “Effective Date”), between the City of Richfield, a municipal
corporation under the laws of Minnesota (the “City”), and Penn Station Apartments LLLP, a
limited liability limited partnership under the laws of Minnesota (the “Borrower”). The Effective
Date is the date this Agreement is executed by the second party to sign.
WITNESSETH:
WHEREAS, the Borrower proposes to acquire and redevelop the property located at 6501-
6525 Penn Avenue South in the City and legally described in Exhibit A attached hereto (the
“Redevelopment Property”) and construct thereon a multifamily housing project consisting of
approximately 42 units meeting certain affordability levels (the “Project”); and
WHEREAS, to assist with the costs of the Project, the City, on behalf of the Borrower,
applied for and received a Local Housing Incentives Account (“LHIA”) grant in the total sum of
$850,000 (the “LHIA Grant”) from the Metropolitan Council (the “Council”); and
WHEREAS, on June 2, 2025, the Council and the City entered into a Metropolitan Livable
Communities Act Grant Agreement (the “Grant Agreement”), with an expiration date of December
31, 2027, as may be extended pursuant to Section 5.03 of the Grant Agreement, as more
specifically described herein and which is attached hereto as Exhibit B; and
WHEREAS, the proceeds of the LHIA Grant may be used for eligible project activities of
the Project to be constructed on the Redevelopment Property and as further described in the Grant
Agreement (the “Grant-Eligible Activities”), which amounts may be reallocated pursuant to
Section 2.09 of the Grant Agreement; and
WHEREAS, the City desires to loan the proceeds of the LHIA Grant in the principal
amount of $850,000 to the Borrower (the “Loan”) to provide financing for a portion of the Grant-
Eligible Activities with respect to the construction of the Project on the Redevelopment Property;
and
WHEREAS, the City believes that the development of the Project, and fulfillment
generally of this Agreement, are in the vital and best interests of the City and the health, safety,
morals, and welfare of its residents, and in accord with the public purposes and provisions of the
applicable Minnesota and local laws and requirements under which the Project has been
undertaken and is being assisted; and
WHEREAS, the City and the Borrower desire to enter into this Agreement for the purpose
of setting forth their respective responsibilities with respect to the Loan.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
Page 33 of 187
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Error! Unknown document property name.
ARTICLE I
DEFINITIONS
As used in this Agreement, the following terms shall have the following meaning:
Borrower Documents: any and all documents and instruments in connection with the
Project as reasonably requested by the City.
Disbursement Request Form: the form, substantially in the form attached hereto as
Exhibit C, to be submitted to the City when a disbursement of the Loan is requested and which is
referred to in Article VI hereof, together with such other request forms as may be reasonably
required from the Council and the City.
Grant Agreement: the Metropolitan Livable Communities Act Grant Agreement No. SG-
22863 between the Council and the City for the Penn Station Project, attached hereto as Exhibit
B.
Grant-Eligible Activities: the activities on the Redevelopment Property funded in full or
in part by the LHIA Grant, as set forth in Exhibit A of the Grant Agreement.
Loan: the sum of $850,000 to be loaned by the City to the Borrower under this Agreement.
Loan Documents: collectively, this Agreement, the Mortgage, and the Note.
Mortgage: the Combination Mortgage and Security Agreement of even date herewith from
the Borrower to the City securing repayment of the Note in the form approved by the City.
Note: the Note of even date herewith from the Borrower to the City in the amount of the
Loan evidencing Borrower’s obligation to repay the Loan in the form approved by the City.
Plans and Specifications: the final plans and specifications for the construction and
installation of the Grant-Eligible Activities which have been approved by the City.
Project: the Penn Station Project including approximately 42 units of affordable
multifamily residential housing.
Project Costs: the costs of the Grant-Eligible Activities eligible to be reimbursed with the
proceeds of the LHIA Grant under the Grant Agreement and as authorized by law.
Redevelopment Property: the property legally described in Exhibit A attached hereto.
Page 34 of 187
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Error! Unknown document property name.
ARTICLE II
TERM OF AGREEMENT
This Agreement shall take effect and be in force from and after the Effective Date, and
shall remain in effect until the Borrower has performed all of its obligations under this Agreement,
the Loan Documents, and the Grant Agreement, unless earlier terminated as provided in this
Agreement or the Grant Agreement.
ARTICLE III
THE LOAN
Subject to the terms and conditions of this Agreement, the City will make the Loan to the
Borrower to be used for payment of Project Costs, which Loan shall be disbursed pursuant to this
Agreement. In consideration for the Loan, the Borrower agrees to perform all of its obligations
under this Agreement. The Loan shall be evidenced by the Note payable by the Borrower to the City
which shall be dated as of the date of closing on the Loan (the “Loan Closing Date”). Proceeds of the
Loan shall be disbursed in accordance with Articles V and VI hereof.
ARTICLE IV
STATEMENT OF WORK
Proceeds of the Loan may be used to construct any of the improvements described as Grant-
Eligible Activities in the Grant Agreement in accordance with the terms set forth herein. In
accordance with the Grant Agreement, the Borrower will commence construction of the Grant-
Eligible Activities and pay the Project Costs with respect to the Project Improvements prior to
December 31, 2027. The grant expires on December 31, 2027. If the Borrower finds it necessary
to request an extension of the Grant Agreement from the Metropolitan Council, the Borrower must
provide written notice to the City at least 120 days prior to the expiration date of the grant for the
City to have sufficient time to request an extension of the Grant Agreement under Section 5.03 of
the Grant Agreement.
ARTICLE V
CONDITIONS OF DISBURSEMENT
The obligation of the City to make or cause to be made disbursements of the proceeds of
the Loan pursuant to Article VI hereof shall be subject to the conditions precedent that it shall have
received on or before the date of the disbursement hereunder the following:
a. the Borrower Documents, the Mortgage, and the Note, duly executed and
delivered by the Borrower;
b. evidence satisfactory to the City that the Grant-Eligible Activities and the
construction and contemplated use thereof are permitted by and comply in all material
respects with all applicable restrictions and requirements in prior conveyances, zoning
ordinances, subdivision and platting requirements and other laws and regulations;
Page 35 of 187
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Error! Unknown document property name.
c. all other conditions specified in the authorizing City approvals and
entitlements and the Grant Agreement shall have been duly satisfied by the Borrower or
waived in writing by the City or the Council, as applicable;
d. no uncured Event of Default (as defined in Article VIII hereof), and no event
which with the giving of notice or the lapse of time or both would constitute an Event of
Default, shall have occurred and be continuing and all representations and warranties made
by the Borrower in Article VII hereof shall continue to be, in all material respects, true and
correct as of the date of such disbursement;
e. if required by the City, the City shall have been furnished with a statement
of the Borrower and of any contractor, in form and substance acceptable to the City, to the
extent reasonably available, setting forth the names, addresses and amounts due or to
become due as well as the amounts previously paid to every contractor, subcontractor,
person, firm or corporation furnishing materials or performing labor in connection with the
construction of any part of the Grant-Eligible Activities; and
f. the Borrower shall have provided to the City such documentation and
information reasonably necessary to evidence its compliance with all of the provisions of
this Agreement, including without limitation the provisions of the Grant Agreement
applicable to the Borrower, as the City may reasonably request.
ARTICLE VI
REQUESTS FOR DISBURSEMENT
6.01. Disbursement. The City and the Borrower agree that, on the terms and subject to the
conditions hereinafter set forth and the conditions set forth in the Grant Agreement, including the
reallocation of Project Costs among the Grant-Eligible Activities pursuant to Section 2.09 of the
Grant Agreement, the Loan shall be disbursed from the City to the Borrower, or the Borrower’s
agent or designee, in disbursements, with the last disbursement being made upon one hundred
percent (100%) completion of the Grant-Eligible Activities. Disbursements of the Loan shall not
be made more often than monthly. Notwithstanding anything to the contrary contained herein, the
City shall only be obligated to make the disbursements hereunder to pay Project Costs in an amount
up to or equal to the lesser of the amount of the Loan or the amount actually disbursed by the
Council to the City under the Grant Agreement and such obligation is further subject to the
conditions of Article V hereof.
6.02. Disbursement Request.
a. When the Borrower desires to obtain a disbursement of the Loan, the
Borrower shall submit to the City the Disbursement Request Form, together with any
additional documents reasonably required by the City or the Council, duly signed by the
Borrower.
The Disbursement Request Form shall be submitted by the Borrower at least 45
days prior to the date of the requested disbursement. The Disbursement Request Form
Page 36 of 187
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Error! Unknown document property name.
shall constitute a representation and warranty by the Borrower to the City that all
representations and warranties of the Borrower set forth in the Borrower Documents are
true and correct as of the date of such Disbursement Request Form, except for such
representations and warranties which, by their nature, would not be applicable as of the
date of such Disbursement Request.
b. At the time of submission of the Disbursement Request Form, the Borrower
shall also submit the following to the City:
1. a written lien waiver from the general contractor for work done and
materials supplied by it which were paid or a conditional lien waiver from the
general contractor for work done and materials supplied by it which are to be paid
pursuant to the current Disbursement Request Form and from each subcontractor
for work done and materials supplied by it which were paid or are to be paid for
pursuant to the prior Disbursement Request Form;
2. evidence satisfactory to the City that the Grant-Eligible Activities
completed as of the date of the Disbursement Request Form have been constructed
in accordance with the Plans and Specifications in all material respects;
3. an executed Sworn Construction Statement, in form and substance
acceptable to such parties, signed by the Borrower showing all costs and expenses
of any kind theretofore actually paid or incurred in constructing the Grant-Eligible
Activities; and
4. a certified statement of the Borrower reflecting the use to which the
proceeds of the Loan have been applied in addition to those uses reflected in the
Sworn Construction Statement referred to in clause (b)(3) above.
c. Upon receipt of the Disbursement Request Form, if the City has determined
that all the conditions set forth in Articles V and VI hereof have been satisfied, a request for
disbursement shall be submitted to the Council. The adequacy of the request for disbursement
shall be determined by the City and the Council in their sole discretion, such determination
not to be unreasonably withheld, conditioned, or delayed. After submission of the
Disbursement Request Form, if the Borrower has performed all of its agreements and
complied with all requirements to be performed or complied with under this Agreement and
the Grant Agreement, including satisfaction of all applicable conditions precedent contained
in Article V hereof, the City shall make a disbursement to the Borrower, or the Borrower’s
agent or designee, in the amount of the requested disbursement or such lesser amount as shall
be approved, within 45 days after the date of the City’s receipt of the Disbursement Request
Form, or, if later, upon receipt of grant proceeds from the Council. Each disbursement shall
be paid from the proceeds of the LHIA Grant, subject to the City’s and the Council’s
determination that the relevant Project Cost is payable from the LHIA Grant under the Grant
Agreement. The City is under no obligation to disburse any proceeds of the Loan until it
receives a disbursement of the LHIA Grant from the Council. Notwithstanding anything to
the contrary herein, if the Project Costs of the Grant-Eligible Activities exceeds the amount
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to be reimbursed under this Agreement, such excess shall be the sole responsibility of the
Borrower.
ARTICLE VII
BORROWER’S COVENANTS, REPRESENTATIONS, WARRANTIES AND
AGREEMENTS
The Borrower covenants, represents, warrants and agrees that:
a. The Borrower is a limited liability limited partnership duly organized and
validly existing under the laws of Minnesota, is duly authorized to operate in Minnesota,
has the power to enter into and execute this Agreement and by appropriate action has
authorized the execution and delivery of this Agreement.
b. The Borrower Documents will not result in any breach of or constitute a
default under any other mortgage, lease, loan, grant or credit agreement, organizational
documents, or other instrument to which the Borrower is a party or by which it may be
bound or affected.
c. The Loan Documents will constitute valid, legal and binding obligations of
the Borrower enforceable against the Borrower.
d. The Borrower has or will have all necessary approvals, licenses and permits
required for construction and operation of the Project except those which cannot be
obtained until completion of the Grant-Eligible Activities or the Project, as the case may
be.
e. The Borrower shall permit the City, upon reasonable notice, during normal
business hours, and in a manner that does not unreasonably interfere with Borrower’s
operations, to examine all books, records, contracts, plans, permits, bills and statements of
account pertaining to the Grant-Eligible Activities and to make copies as the City may
require.
f. The Borrower shall obey and comply with all federal, state and local laws,
rules and regulations in connection with the Project.
g. The City’s actions in approving the Loan shall not be construed as an
approval by the City of providing any additional funds for the Project or other
improvements related to the Project.
h. The Borrower agrees to pay for all of the costs incurred to construct the
Grant-Eligible Activities including any cost overruns. There are no public funds for the
Grant-Eligible Activities except for the Loan.
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ARTICLE VIII
DEFAULT
Any one or more of the following shall constitute an event of default (an “Event of
Default”) under this Agreement:
a. The Borrower shall herein default in the performance or observance of any
agreement, covenant or condition required to be performed or observed by the Borrower
under the terms of this Agreement or the Grant Agreement, to the extent such obligations
exist, and such default shall not be remedied within 60 days after written notice to the
Borrower from the City specifying such default.
b. The Borrower shall be in default of any term of any other agreement relating
to the Grant-Eligible Activities which is not cured within 60 days after written notice from
the City or if the default cannot be cured within 60 days within such reasonable time as is
required to cure the default, provided that the Borrower is diligently pursuing a cure.
c. Any representation or warranty made by the Borrower herein or any
document or certificate furnished to the City shall prove at any time to be materially
incorrect or misleading as of the date made.
d. The Borrower engages in any illegal activities.
e. The Borrower uses any of the Loan funds contrary to this Agreement or the
Grant Agreement which is not cured within 60 days after written notice from the City.
f. The Borrower shall fail to obtain and/or keep in force insurance only of the
types and in the amounts as specified within this Agreement, or shall fail to indemnify and
hold harmless the City as set forth herein which is not cured within 10 business days after
written notice from the City, or such longer period as may be reasonably required to obtain
such insurance provided Borrower is diligently pursuing the same.
g. The failure to repay any principal of the Loan when due.
ARTICLE IX
REMEDIES
Whenever any Event of Default shall have happened and is continuing beyond any
applicable cure period, any one or more of the following remedial steps may be taken by the City:
a. The City may terminate this Agreement;
b. The City may suspend or terminate any further disbursements to be made
under this Agreement;
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c. The City may suspend its performance under this Agreement during the
continuance of the Event of Default; and/or
d. The City may take whatever action at law or in equity, consistent with
applicable law and subject to the limitations herein, as may be necessary or appropriate to
seek repayment or reimbursement of the Loan funds disbursed to the Borrower, to enforce
performance and observance of any obligation, agreement, covenant, representation or
warranty of the Borrower under this Agreement, or any related instrument; or to otherwise
compensate the City for any damages on account of such Event of Default.
No remedy conferred upon or reserved to the City is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any right or power accruing upon any
Event of Default shall impair any such right or power, nor shall be construed to be a waiver thereof,
but any such right and power may be exercised from time to time and as often as may be deemed
expedient. To entitle the City to exercise any remedy reserved to it in this Article, it shall not be
necessary to give any notice, other than such notice as may be herein expressly required or be
required by law.
ARTICLE X
ADDITIONAL PROVISIONS
a. Indemnity, Hold Harmless. The Borrower shall and does hereby agree to
indemnify against and to hold the City, and its officers, council members, agents, and
employees including the independent contractors, consultants and legal counsel, servants
and employees thereof (hereinafter, for purposes of this section, collectively the
“Indemnified Parties”), harmless of and from any and all liability, loss, or damage to the
extent caused by Borrower’s acts or omissions that it or they may incur under or by reason
of this Agreement and against any loss or damage to property or any injury to or death of
any person occurring at or about or resulting from any defect in the Grant-Eligible
Activities or the Project, and of and from any and all claims and demands whatsoever that
may be asserted against one or more of the Indemnified Parties by reason of any alleged
obligations or undertakings on the Borrower’s part to perform or discharge any of the
terms, covenants, or agreements contained herein.
Except for any willful misrepresentation or any willful, wanton, or grossly
negligent misconduct of the Indemnified Parties, the Borrower agrees to protect and defend
the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless
from any claim, demand, suit, action or other proceeding whatsoever by any person or
entity whatsoever under this Agreement, the Grant Agreement or the transactions
contemplated hereby or the acquisition, construction, installation, ownership, and
operation of the Project or the Grant-Eligible Activities.
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This indemnification and hold harmless provision shall survive the execution,
delivery, and performance of this Agreement and the creation and repayment of any
indebtedness to City under this Agreement.
b. Independent Contractor. For the purpose of this Agreement, the Borrower
shall be deemed an independent contractor and not an employee or agent of the City. Any
and all employees or agents of the Borrower shall not be considered employees or agents
of the City.
c. Compliance With Minnesota Laws. All of the data created, collected,
received, stored, used, maintained or disseminated by the Borrower with respect to the
Grant-Eligible Activities are subject to the requirements of Minnesota Statutes, Chapter 13,
(the “Minnesota Government Data Practices Act” or “MGDPA”) and, except as provided
in Section 13.05, subdivision 11(b) of the MGDPA, the Borrower agrees to comply with
those requirements under the MGDPA to the extent applicable. The remedies in Section
13.08 of the MGDPA may apply to the Borrower. If any provision of this Agreement is in
conflict with the MGDPA or other Minnesota State laws, state law shall control. The
Borrower shall comply with the conflict of interest provisions of Minnesota Statutes,
Sections 471.87 through 471.88.
d. Contractor and Subcontractor Compliance. The Borrower shall comply
with and shall cause all contractors and subcontractors to comply with all applicable state
and federal laws, and to the extent applicable to the Borrower, the Grant Agreement. The
Borrower shall require all contractors and subcontractors performing work covered by the
Loan to obtain all required permits, licenses and certifications and comply with all
applicable state and federal Occupational Safety and Health Act regulations.
e. Site Compliance. The Borrower shall meet or require to be met all
applicable requirements of:
(1) Federal and state laws relating to stormwater discharges including, without
limitation, any applicable requirements of Code of Federal Regulations, title 40, parts 122
and 123; and
(2) The Council’s 2030 Water Resources Management Policy Plan and the
City’s local water management plan applicable to the Redevelopment Property and the
Project.
f. Fair Housing Compliance. The Borrower shall comply in all respects with
the affordability and fair housing marketing plan requirements set forth in Article 3 of the
Grant Agreement.
g. Environmental Site Assessment. The Borrower shall ensure that a Phase I
Environmental Site Assessment or other environmental review of the Project will be
carried out if appropriate for the scope and nature of the Project.
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ARTICLE XI
INSURANCE
With respect to the Project, the Borrower shall maintain all insurance required by the Grant
Agreement.
ARTICLE XII
RECORDS AND REPORTS
Upon request, the Borrower shall submit to the City a full account of the status of the
activities undertaken as part of this Agreement. The following records shall be maintained by the
Borrower, copies of which shall be submitted in such form as City may prescribe:
a. All receipts and invoices relating to expenditure of Loan funds.
b. Records shall be sufficient to reflect all costs incurred in performance of the
Loan. The books, records, documents, and accounting procedures, relevant to the Loan
shall be subject to examination by the City, the Council and state agencies and the
legislative auditor.
ARTICLE XIII
AMENDMENT
This Agreement shall not be amended or modified without the prior written approval of the
City and the Borrower.
ARTICLE XIV
INCORPORATION OF GRANT AGREEMENT
The Borrower acknowledges and agrees that all terms, conditions and obligations
contained in the Grant Agreement are incorporated herein, and made a part of this Agreement. In
addition to the terms, conditions and obligations described herein, the Borrower further
acknowledges, accepts and assumes all of the City’s obligations described in the Grant Agreement,
unless such obligations can only be reasonably performed by the City, including but not limited
to, the obligation to repay the LHIA Grant if required by the Council. For purposes of enforcing
this Agreement, the Borrower acknowledges, accepts and agrees that the City shall inure to, and
possess the rights and authority of the Council as described in the Grant Agreement.
ARTICLE XV
MISCELLANEOUS
a. Notices. All notices provided for herein shall be in writing and shall be
deemed to have been given when delivered personally or when deposited in the United
States mail, registered or certified, postage prepaid, addressed as follows:
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(a) Name and Address of the Borrower:
Penn Station Apartments LLLP
510 Brunson Street, Suite 100
St. Paul, MN 55130
Attn: Johnny Opara, President and CEO
With a copy to: Winthrop & Weinstine, P.A.
225 South 6th St, Suite 3500
Minneapolis, MN 55402
Attn: Jon L. Peterson
(b) Name and Address of the City:
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
Attn: Community Development Director
With a copy to: Kennedy & Graven, Chartered
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
Attention: Ronald H. Batty
or addressed to either party at such other address as such party shall hereafter
furnish by notice to the other party as above provided.
b. Binding Effect; Waiver. The provisions of this Agreement shall inure to the
benefit of and be binding upon the Borrower and the City and their respective successors
and assigns. No delay on the part of the City in exercising any right, power or privilege
shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power
or privilege constitute such waiver nor exhaust the same, which shall be continuing. The
rights and remedies of the City specified in this Agreement shall be in addition to and not
exclusive of any other right and remedies which the City, by operation of law, would
otherwise have.
c. Survival of Agreements, Representations and Warranties. All agreements,
representations and warranties made in this Agreement by the Borrower shall survive its
termination.
d. Governing Law. This Agreement and the attachments are to be construed
and enforced according to and governed by the laws of Minnesota.
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e. Counterparts, Electronic Signatures. This Agreement may be executed in
any number of counterparts, all of which shall constitute a single agreement, any one of
which bearing signatures of all parties shall be deemed an original. An electronic or
facsimile signature is deemed to be the same as an original signature.
f. Time. Time is of the essence in the performance of this Agreement.
g. Entire Agreement. This Agreement contains the entire agreement of the
parties hereto on the matters covered herein. No other agreement, statement or promise
made by either party or by any employee, officer or agent of either party hereto that is not
in writing and signed by both parties to this Agreement shall be binding.
h. No Joint Venture. The relationship between the City and the Borrower is
solely that of grantor and grantee and the relationship by and between the City and the
Borrower is not, nor shall it be deemed to create, a partnership or joint venture in the
Project.
i. Venue. All matters whether sounding in tort or in contract, relating to the
validity, construction, performance, or enforcement of this Agreement shall be controlled
by and determined in accordance with the laws of Minnesota, and the Borrower agrees that
all legal actions initiated by the Borrower with respect to or arising from any provision
contained in this Agreement shall be initiated, filed and venued exclusively in District
Court in Hennepin County, Minnesota.
j. Attorneys’ Fees and Expenses. In the event the Borrower should default
under any of the provisions of this Agreement and the City should employ attorneys or
incur other expenses for the collection of amounts due hereunder or the enforcement of
performance of any obligation or agreement on the part of the Borrower, the Borrower will
on demand pay to the City the reasonable fee of such attorneys and such other expenses so
incurred, but only in the event the City prevails in pursuing such claims and as awarded by
a court of competent jurisdiction.
k. Assignment. This Agreement may not be assigned by the Borrower without
the prior written consent of City, which consent shall be in the sole discretion of the City.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the parties have caused this Loan Agreement to be executed
the day and year first above written.
PENN STATION APARTMENTS LLLP, a
Minnesota limited liability limited partnership
By: Penn Station Apartments LLC, a Minnesota
limited liability company
Its: General Partner
By: JO Companies, LLC,
a Minnesota limited liability company
Its Sole Member
By: Johnny Opara
Its Manager
Dated:
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CITY OF RICHFIELD, MINNESOTA
By
Mary B. Supple, Mayor
Dated:
By
Katie Rodriguez, City Manager
Dated:
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EXHIBIT A
LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY
The Redevelopment Property is legally described as follows:
[to be completed]
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EXHIBIT B
GRANT AGREEMENT
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B-4
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EXHIBIT C
DISBURSEMENT REQUEST FORM
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
Attn: Community Development Director
The undersigned, Penn Station Apartments LLLP, a Minnesota limited liability limited
partnership (the “Borrower”), pursuant to that certain Loan Agreement, dated as
__________________ (the “Loan Agreement”), between the City of Richfield, Minnesota (the
“City”), and the Borrower, hereby requests payment of the expenses listed on the attached Expense
Listing.
The total amount to be disbursed for this draw is $_________________.
In connection with this draw, the undersigned hereby represents as follows:
a. each obligation listed in the attached Exhibit A has been incurred and is a
Project Cost related to the Grant-Eligible Activities,
b. no license or permit necessary for construction of the Grant-Eligible
Activities previously issued has been revoked or the issuance thereof
subjected to challenge before any court of other governmental authority
having or asserting jurisdiction thereover;
c. no event has occurred and is continuing which, but for the giving of notice,
the expiration of any cure period, or both, would constitute an event of
default under the Loan Agreement or the Grant Agreement;
d. all funds of the Borrower’s match, if any, have been fully disbursed for the
payment of Project Costs; and
e. ______% of the Grant-Eligible Activities have been completed.
Penn Station Apartments LLLP
By: Penn Station Apartments, LLC
Its: General Partner
By: ____________________________
Name: Johnny Opara
Its: President and CEO
Approved:
CITY OF RICHFIELD, MINNESOTA
By
Its Community Development Director
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Exhibit A
Expense Listing
Expense Description Amount
40283240v2
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RC160-5-1038670.v3
COMBINATION MORTGAGE AND SECURITY AGREEMENT
(LHIA)
THIS MORTGAGE SECURES A LOAN MADE UNDER AN AFFORDABLE HOUSING
PROGRAM BY A STATE OR LOCAL GOVERNMENT AGENCY, AND AS SUCH IS
EXEMPT FROM MORTGAGE REGISTRATION TAX PURSUANT TO MINNESOTA
STATUTES, SECTION 287.04(6).
THIS COMBINATION MORTGAGE AND SECURITY AGREEMENT (hereinafter
referred to as the “Mortgage”) is made and given as of the ___ day of ___________, 2025, by Penn
Station Apartments LLLP, a Minnesota limited liability limited partnership (the “Mortgagor”), in
favor of the City of Richfield, a municipal corporation under the laws of Minnesota (the
“Mortgagee”).
RECITALS:
WHEREAS, the Mortgagor hereby mortgages and conveys to the Mortgagee the real
property and improvements situated in the County of Hennepin, State of Minnesota, and legally
described on Exhibit A attached hereto and made a part hereof, the leases and rents with respect
to the real property and improvements and all personal property and equipment, and all products
and proceeds thereof owned by Mortgagor and used in the operation of the Project (as defined in
the hereinafter-described Loan Agreement) (herein, collectively the “Property”); and
WHEREAS, this Mortgage, together with the Loan Agreement of even date herewith (the
“Loan Agreement”) between the Mortgagor and the Mortgagee and all other documents securing
the Loan as defined below (collectively, the “Loan Documents”) are given in consideration of and
as security for the payment of $850,000 (the “Loan”), receipt of which is hereby acknowledged
and which is made to enable the Mortgagor to complete the Grant-Eligible Activities (as defined
in the Loan Agreement). The Loan is evidenced by a Note (the “Note”) in the amount of $850,000
executed by the Mortgagor, to the order of the Mortgagee, of even date herewith. The unpaid
principal sum shall be due and payable by the Mortgagor in full on December 31, 2055 unless
forgiven in accordance with the Note (the “Maturity Date”).
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RC160-5-1038670.v3
AGREEMENTS:
NOW, THEREFORE, to secure (a) the due and punctual payment of principal on the Note
and the obligations of the Mortgagor under the Loan Agreement and all renewals, extensions and
modifications thereof any agreements or obligations issued in substitution therefore (provided the
principal amount secured by this Mortgage shall not exceed $850,000) and (b) the performance of
all the covenants and agreements of the Mortgagor herein, in the Loan Agreement and in any other
agreement now or hereafter entered into between the Mortgagor and Mortgagee in connection with
the Loan Agreement or the Grant-Eligible Activities contemplated therein (the payment and other
obligations evidenced by the Loan Agreement, this Mortgage and all such other agreements are
hereinafter collectively referred to as the “Indebtedness”), the Mortgagor does hereby mortgage,
grant, bargain, sell, assign, transfer and convey unto the Mortgagee forever, with power of sale the
following:
I.
All of the Mortgagor’s right, title and interest in and to the Property and the buildings,
structures, other improvements, fixtures and personal property now standing or at any time
hereafter constructed or placed upon the Property (the “Improvements”), including but not limited
to (i) all building materials, supplies and equipment now or hereafter located on the Property and
suitable or intended to be incorporated in any Improvements located or to be erected on the
Property; (ii) all heating, plumbing and lighting apparatus, motors, engines and machinery,
electrical equipment, incinerator apparatus, air-conditioning equipment, water and gas apparatus,
pipes, faucets, and all other fixtures of every description which are now or may hereafter be placed
or used upon the Property or in any of the Improvements now or hereinafter located thereon;
(iii) all additions, accessions, increases, parts, fittings, accessories, replacements, substitutions,
betterments, repairs and proceeds to and of any and all of the foregoing; (iv) all hereditaments,
easements, appurtenances; estates, and other rights and interests now or hereafter belonging to or
in any way pertaining to the Property or to any of the Improvements now or hereafter located
thereof; and (v) all tangible personal property owned by the Mortgagor and now or at any time
hereafter located on or relating to the Property.
II.
All rents, issues, profits, condemnation awards, revenues and income arising from the
ownership, operation or sale of the Property and the Improvements and all proceeds and products
thereof (herein collectively called “Revenues and Income”).
To Have and To Hold the Property and the Improvements (together, the “Mortgaged
Property”), and the Revenues and Income unto the Mortgagee forever; provided, nevertheless, that
this Mortgage is granted upon the express condition that if the Mortgagor shall cause to be paid to
the Mortgagee as and when due and payable the Indebtedness, and shall also keep and perform
each and every covenant and agreement of the Mortgagor herein contained, then this Mortgage
and the estate hereby granted shall cease and be and become void and shall be released of record
at the expense of the Mortgagor; otherwise this Mortgage shall be and remain in full force and
effect.
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RC160-5-1038670.v3
The Mortgagor represents, warrants and covenants to and with the Mortgagee that
Mortgagor is lawfully seized of the Property and has good right and full power and authority to
execute this Mortgage and to mortgage the Mortgaged Property; that the Mortgagor owns the
Mortgaged Property free from all liens; security interests and encumbrances except as agreed to
by the Mortgagee; that the Mortgagor will warrant and defend the title to the Mortgaged Property
and the lien and priority of this Mortgage against all claims and demands of all persons
whomsoever, whether now existing or hereafter arising, except (i) as agreed to by the Mortgagee,
(ii) listed on Exhibit B attached hereto and made a part hereof, and (iii) the regulatory agreement
or land use restriction agreement to be entered into relating to low-income housing tax credits
(collectively, the “Permitted Encumbrances”). The covenants and warranties of this paragraph
shall survive foreclosure of this Mortgage and shall run with the Property.
The Mortgagor further covenants and agrees as follows:
1. Payment of the Indebtedness and Compliance with Other Agreements.
(a) The Mortgagor will cause the principal on the Indebtedness to be duly and
punctually paid in accordance with the terms of the Note, the Loan Agreement and this
Mortgage, when and as due and payable. The provisions of the Note and Loan Agreement
are hereby incorporated by reference into this Mortgage as fully as if set forth at length
herein.
(b) Mortgagor will duly and punctually perform each and every obligation
under the Loan Agreement and any other agreement on or hereafter entered into by the
Mortgagor and Mortgagee in connection with the Loan Agreement or the Grant-Eligible
Activities contemplated therein.
2. Payment of Taxes, Assessments and Other Charges; Escrow. Subject to
paragraph 6 relating to contests, the Mortgagor shall pay before a penalty might attach for
nonpayment thereof, all taxes and assessments and all other charges whatsoever levied upon or
assessed or placed against the Mortgaged Property, except that assessments may be paid in
installments so long as no fine or penalty is added to any installment for the nonpayment thereof.
The Mortgagor shall likewise pay all taxes, assessments and other charges, levied upon or assessed,
placed or made against, or measured by, this Mortgage, or the recordation hereof, or the
Indebtedness secured hereby, provided that the Mortgagor shall not be obliged to pay such tax,
assessment or charge if such payment would be contrary to law or would result in the payment of
an unlawful rate of interest on the Indebtedness secured hereby; and provided further that nothing
herein contained shall be construed as requiring the Mortgagor to pay any net income, profits or
revenues taxes of the Mortgagee. The Mortgagor shall promptly furnish to the Mortgagee all
notices received by the Mortgagor of amounts due under this paragraph and shall furnish receipts
evidencing such payments within 10 days after such payments are made.
3. Payment of Utility Charges. Subject to paragraph 6 relating to contests, the
Mortgagor shall pay all charges made by utility companies, whether public or private, for
electricity, gas, heat, water, or sewer, furnished or used in connection with the Mortgaged Property
or any part thereof, and will upon written request of the Mortgagee, furnish proper receipts
evidencing such payment.
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RC160-5-1038670.v3
4. Liens. Subject to paragraph 6 hereof relating to contests, the Mortgagor shall not
create, incur or suffer to exist any lien, encumbrance or charge on the Mortgaged Property or
Revenues and Income or any part thereof which may have priority over the lien hereof, other than
the lien of current real estate taxes and installments of special assessments with respect to which
no penalty is yet payable, and other than any lien granted in connection with the current financing
secured by the Property including without limitation the Permitted Encumbrances. Subject to
paragraph 6 relating to contests, the Mortgagor shall pay, when due, the claims of all persons
supplying labor or materials to or in connection with the Mortgaged Property.
5. Compliance with Laws. Subject to paragraph 6 relating to contests, the Mortgagor
shall comply, in all material respects, with all present and future statutes, laws, rules, orders,
regulations and ordinances affecting the Mortgaged Property, any part thereof or the use thereof.
The Mortgagor shall not use or occupy nor permit the use and occupancy of the Property without
a current Certificate of Occupancy issued by the City of Richfield, Minnesota.
6. Permitted Contests. The Mortgagor shall not be required to (i) pay any tax,
assessment or other charge referred to in paragraph 2 hereof, (ii) pay any charges referred to in
paragraph 3 hereof, (iii) discharge or remove any lien, encumbrance or charge referred to in
paragraph 4 hereof, or (iv) comply with any statute, law, rule, order, regulation or ordinance
referred to in paragraph 5 hereof, so long as the Mortgagor shall (a) contest, in good faith, the
existence, or the validity thereof, the amount of damages caused thereby or the extent of the
Mortgagor’s liability therefor, by appropriate proceedings which shall operate during the pendency
thereof to prevent (A) the collection of, or other realization upon the tax, assessment, charge or
lien, encumbrance or charge so contested, (B) the sale, forfeiture or loss of the Mortgaged Property
or any part thereof, and (C) any interference with the use or occupancy of the Mortgaged Property
or any part thereof, and (b) shall give such security to the Mortgagee as may be reasonably
demanded by the Mortgagee to insure compliance with the foregoing provisions of this
paragraph 6. Mortgagor shall give prompt written notice to Mortgagee of the commencement of
any contest referred to in this paragraph 6.
7. Insurance. The Mortgagor shall keep the improvements now existing or hereafter
erected on the Mortgaged Property insured against loss by fire and any other hazards for which the
Mortgagee requires insurance for full replacement value of the improvements. This insurance
shall be maintained only in the amounts and for the periods as required under the terms of the Loan
Agreement. If the Mortgagor fails to maintain coverage described above, the Mortgagee may, at
the Mortgagee’s option, obtain coverage to protect the Mortgagee’s rights in the Mortgaged
Property in accordance with paragraph 6.
All insurance policies and renewals shall be reasonably acceptable to the Mortgagee and
shall include a standard mortgage clause. If the Mortgagee requires, the Mortgagor shall, upon
reasonable notice, give to the Mortgagee all receipts of paid premiums and renewal notices. In the
event of loss, the Mortgagor shall give prompt notice to the insurance carrier and the Mortgagee.
The Mortgagee may make proof of loss if not made promptly by the Mortgagor.
If the Mortgaged Property is acquired by the Mortgagee, the Mortgagor’s rights to any
insurance policies and proceeds resulting from damage to the Mortgaged Property prior to the
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acquisition shall pass to the Mortgagee to the extent of the sums secured by this Mortgage
immediately prior to the acquisition.
8. Preservation and Maintenance of Mortgaged Property. The Mortgagor (i) shall
keep the buildings and other Improvements hereafter erected as part of the Project on the Property
in safe and good repair and condition, ordinary wear and tear and damage by insured casualty
excepted (provided that the Mortgagor may proceed to demolish the existing buildings when
vacant), (ii) shall reasonably maintain the parking and landscaped areas of the Mortgaged Property,
(iii) shall not commit waste or permit impairment or deterioration of the Mortgaged Property, and
(iv) shall not remove from the Property any of the fixtures and personal property included in the
Mortgaged Property unless the same is immediately replaced with like property of at least equal
value and utility (provided that Mortgagor may proceed to demolish and remove all existing
personal property and fixtures located on the Property).
9. Inspection. The Mortgagee, or its agents, shall have the right at all reasonable
times, upon not less than two (2) business days’ prior written notice to Mortgagor, to enter upon
the Mortgaged Property for the purposes of inspecting the Mortgaged Property or any part thereof,
which inspection shall not interfere with the use or occupancy of the Mortgaged Property. The
Mortgagee shall, however, have no duty to make such inspection.
10. Protection of Mortgagee’s Security. Subject to the rights of the Mortgagor under
paragraph 6 hereof, if the Mortgagor fails to perform any of the covenants and agreements contained
in this Mortgage or if any action or proceeding is commenced which affects the Mortgaged Property
or the interest of the Mortgagee therein, or the title thereto, then the Mortgagee, at the Mortgagee’s
option, upon advance written notice to the Mortgagor, may perform such covenants and agreements,
defend against and/or investigate such action or proceeding, and take such other action as the
Mortgagee deems necessary to protect the Mortgagee’s interest. The Mortgagee shall be the sole
judge of the legality, validity and priority of any claim, lien, encumbrance, tax assessment, charge
and premium paid by it and of the amount necessary to be paid in satisfaction thereof. The
Mortgagee is hereby given the irrevocable power of attorney (which power is coupled with an
interest and is irrevocable) effective upon the occurrence of an Event of Default, to enter upon the
Mortgaged Property as the Mortgagor’s agent in the Mortgagor’s name to perform any and all
covenants and agreement to be performed by the Mortgagor as herein provided. Any amounts
disbursed or incurred by the Mortgagee pursuant to this paragraph 10 shall become additional
Indebtedness of the Mortgagor secured by this Mortgage. Unless the Mortgagor and the Mortgagee
agree in writing to other terms of repayment, such amounts shall be immediately due and payable.
The Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other lien discharged
in whole or in part by the Indebtedness or by the Mortgagee under the provisions hereof, and any
such subrogation rights shall be additional and cumulative security for this Mortgage. Nothing
contained in this paragraph 10 shall require the Mortgagee to incur any expense or do any act
hereunder, and the Mortgagee shall not be liable to the Mortgagor for any damages or claims arising
out of action taken by the Mortgagee pursuant to this paragraph 10.
11. Condemnation.
(a) The Mortgagor hereby irrevocably assigns to the Mortgagee any award or
payment which becomes payable by reason of any taking of the Mortgaged Property, or
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any part thereof, whether directly or indirectly or temporarily or permanently, in or by
condemnation or other eminent domain proceedings or by reason of sale under threat
thereof, or in anticipation of the exercise of the right of condemnation or other eminent
domain proceedings (hereinafter called “Taking”). Forthwith upon receipt by Mortgagor
of notice of the institution of any proceeding or negotiations for a Taking, the Mortgagor
shall give notice thereof to the Mortgagee. The Mortgagee may appear in any such
proceedings and participate in any such negotiations and may be represented by counsel.
The Mortgagor, notwithstanding that the Mortgagee may not be a party to any such
proceeding, will promptly give to the Mortgagee copies of all notices, pleadings,
judgments, determinations, and other papers received by the Mortgagor therein. The
Mortgagor will not enter into any agreement permitting or consenting to the Taking of the
Mortgaged Property, or any part thereof, or providing for the conveyance thereof in lieu of
condemnation, with anyone authorized to acquire the same in condemnation or by eminent
domain unless the Mortgagee shall first have consented thereto in writing, which consent
will not be unreasonably withheld. All Taking awards shall be adjusted jointly by the
Mortgagor and the Mortgagee. All awards payable as a result of a Taking shall be paid to
the Mortgagee, which shall, after first deducting the Mortgagee’s expenses incurred in the
collection thereof, be applied to the repair or restoration of the Mortgaged Property. To the
extent that restoration or repair is not economically feasible, which determination shall be
made in Mortgagor’s sole discretion, any remaining proceeds may be applied by the
Mortgagee against the Indebtedness in such order of application as the Mortgagee may
determine. Any application of Taking awards to principal of the Indebtedness shall not
extend or postpone the due date of any installments payable under the Indebtedness or
change the amount of such installments.
(b) If the Taking involves a taking of any building or other Improvements now
or hereafter located on the Property, the Mortgagor shall proceed, with reasonable
diligence, to demolish and remove any ruins and complete repair or restoration of the
Mortgaged Property as nearly as possible to its size, type and character immediately prior
to the Taking, but only to the extent that the condemnation awards are available or adequate
to complete such repair or restoration.
(c) The Mortgagor shall promptly reimburse the Mortgagee upon demand for
all of the Mortgagee’s expense, including reasonable attorneys’ fees, incurred in the
collection of awards.
12. Information; Books and Records. The Mortgagor will prepare or cause to be
prepared at the Mortgagor’s expense and deliver to the Mortgagee immediately upon becoming
aware of the existence of any condition or event which constitutes, or which after notice or lapse
of time or both would constitute, an Event of Default, written notice specifying the nature and
period of existence thereof and what action the Mortgagor has taken, is taking or proposes to take
with respect thereto. The Mortgagor shall keep and maintain at all times at the Mortgagor’s
address stated below or at such other place as the Mortgagee may approve in writing, complete
and accurate books of accounts and records in sufficient detail to correctly reflect the receipts and
expenses in connection with the acquisition, construction, operation and/or sale of the Mortgaged
Property and copies of all written contracts, leases and other instruments which affect the
Mortgaged Property. Such books, records, contracts, leases and other instruments shall be subject
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to examination and inspection by the Mortgagee or its representative during ordinary business
hours.
13. Indemnification by the Mortgagor. The Mortgagor shall bear all loss, expense
(including reasonable attorneys’ fees) and damage in connection with, and agrees to indemnify
and hold harmless the Mortgagee and its agents, servants and employees (the “Indemnified
Parties”) from, all claims, demands and judgments made or recovered against the Indemnified
Parties because of bodily injuries, including death at any time resulting therefrom, and/or because
of damages to property of the Mortgagee or others (including loss of use) from any cause
whatsoever, arising out of, incidental to, or in connection with the construction and/or operation
of the Improvements prior to appointment of a receiver or foreclosure of this Mortgage or arising
by reason of the presence of hazardous or toxic substances on the Property or in the Improvements
or releases thereof from the Mortgaged Property, whether or not due to any act of omission or
commission, including negligence of the Mortgagor or the Mortgagor’s employee, servants or
agents. The Mortgagor’s liability hereunder shall not be limited to the extent of insurance carried
by or provided by the Mortgagor or subject to any exclusion from coverage in any insurance policy.
The obligations of the Mortgagor under this paragraph shall survive the payment of the Note;
provided, however, that Mortgagor shall not be required to indemnify, defend, and hold harmless
the Indemnified Parties from and against any of the foregoing if such claims, demands, losses,
expenses, and/or judgements made or recovered against or suffered by the Indemnified Parties are
the result of the gross negligence, willful misconduct, or breach of this Mortgage or the Loan
Agreement by such Indemnified Parties.
14. Security Interest. This Mortgage shall constitute a security agreement with respect
to (and the Mortgagor hereby grants the Mortgagee a security interest in) the tangible personal
property and fixtures included in the Mortgaged Property, as more particularly described in
Granting Clause I of this Mortgage, and the Revenues and Income, as more particularly described
in Granting Clause II. The Mortgagor will from time to time, at the request of the Mortgagee,
execute any and all financing statements covering such personal property and fixtures (in a form
satisfactory to the Mortgagee) which the Mortgagee may reasonably consider necessary or
appropriate to perfect its interest.
15. Events of Default. Each of the following occurrences shall constitute an event of
default hereunder (herein called an “Event of Default”):
(a) The Mortgagor shall fail to duly and punctually pay any obligation payable
under the Note or Loan Agreement which is not cured within 10 business days after written
notice from the Mortgagee.
(b) The Mortgagor shall fail duly to perform or observe any of the covenants or
agreements contained in this Mortgage (other than default in the performance, or breach,
of any covenant of the Mortgagor in paragraph 1(a) hereof) and such failure shall continue
for a period of 60 days after the Mortgagee has given written notice to the Mortgagor
specifying such default or breach. If such failure cannot reasonably be cured within 60
days, no Event of Default shall occur so long as Mortgagor commences cure within such
60-day period and diligently prosecutes such cure to completion.
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(c) The Mortgagor shall make assignment for the benefit of the Mortgagor’s
creditors, or shall admit in writing the Mortgagor’s inability to pay the Mortgagor’s debts
as they become due, or shall file a petition in bankruptcy, or shall become or be adjudicated
bankrupt or insolvent, however defined, or shall file a petition seeking any reorganization,
dissolution, liquidation, arrangement, composition, readjustment or similar relief under any
present or future bankruptcy or insolvency statute, law or regulation or shall file an answer
admitting to or not contesting the material allegations of petition filed against the
Mortgagor in such proceedings, or shall not, within 120 days after the filing of such petition
against the Mortgagor, have same dismissed or vacated, or shall seek or consent to or
acquiesce in the appointment of any trustee, receiver or liquidator of a material part of the
Mortgagor’s properties or of the Mortgaged Property or shall not, within 90 days after the
appointment, without the Mortgagor’s consent or acquiescence, of a trustee, receiver or
liquidator of any material part of the Mortgagor’s properties or of the Mortgaged Property,
have such appointment vacated.
(d) An Event of Default under the Loan Agreement (as defined in the Loan
Agreement) or Note shall have occurred and be continuing or the Mortgagor shall be in
default under any other agreement now or hereafter entered into by the Mortgagor and the
Mortgagee in connection with the Loan Agreement or the Grant-Eligible Activities
contemplated therein after expiration of any applicable cure periods.
16. Remedies. Whenever any Event of Default shall have occurred and be continuing,
the Mortgagee may, at its option, exercise one or more of the following rights and remedies (and/or
any other rights and remedies available to it), subject to the rights of the Senior Lender (hereinafter
defined) pursuant to the terms and conditions of the Subordination Agreement (hereinafter
defined):
(a) The Mortgagee may, by written notice to the Mortgagor, declare
immediately due and payable all Indebtedness secured by this Mortgage, and the same shall
thereupon be immediately due and payable, without further notice or demand, provided
that Mortgagee has first given written notice of the Event of Default and afforded
Mortgagor any applicable cure period set forth herein or in the Loan Agreement.
(b) The Mortgagee shall have and may exercise with respect to all personal
property and fixtures which are part of the Mortgaged Property and with respect to the
Revenues and Income all the rights and remedies accorded upon default to a secured party
under the Uniform Commercial Code, as in effect in Minnesota. If notice to the Mortgagor
of the intended disposition of such property is required by law in a particular instance, such
notice shall be deemed commercially reasonable if given to the Mortgagor in the manner
specified in paragraph 20 at least 10 calendar days prior to the date of intended disposition.
The Mortgagor shall pay on demand all costs and expenses incurred by the Mortgagee in
exercising such rights and remedies, including without limitation, reasonable attorneys’
fees and legal expenses.
(c) The Mortgagee may (and is hereby authorized and empowered to) foreclose
this Mortgage by action or advertisement, pursuant to the statutes of Minnesota in such
case made and provided, power being expressly granted to sell the Mortgaged Property at
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public auction and convey the same to the purchaser in fee simple the Mortgagor’s interest
in the Property at the time of such sale and, out of the proceeds arising from such sale, to
pay all Indebtedness secured hereby, and all legal costs and charges of such foreclosure
and the maximum attorneys’ fees permitted by law, which costs, charges and fees the
Mortgagor agree to pay.
THE MORTGAGOR HEREBY CONSENTS TO AND ACKNOWLEDGES THE RIGHT
OF THE MORTGAGEE, AT MORTGAGEE’S OPTION, TO ACT TO FORECLOSE THIS
MORTGAGE BY ACTION OR ADVERTISEMENT PURSUANT TO MINNESOTA
STATUTES, CHAPTER 580 OR 581. A POWER OF SALE BEING HEREIN EXPRESSLY
GRANTED WHICH SHALL ALLOW THE MORTGAGEE TO SELL AT PUBLIC AUCTION
AFTER SERVICE OF NOTICE THEREOF UPON THE OCCUPANT OF THE MORTGAGED
PROPERTY, THE MORTGAGOR ACKNOWLEDGES THAT SUCH SERVICE NEED NOT
BE MADE ON THE MORTGAGOR PERSONALLY UNLESS THE MORTGAGOR IS AN
OCCUPANT OF THE MORTGAGED PROPERTY AND THAT NO HEARING IS REQUIRED
IN CONNECTION WITH THE SALE. MORTGAGOR EXPRESSLY WAIVES ANY AND ALL
RIGHTS TO PRIOR NOTICE OF SALE AND ANY AND ALL RIGHTS TO PRIOR HEARING
IN CONNECTION WITH THE SALE. OUT OF THE PROCEEDS OF SUCH SALE THE
PRINCIPAL AMOUNT OF THE LOAN SHALL BE PAID TOGETHER WITH ALL LEGAL
COSTS AND CHARGES OF FORECLOSURE WITH MAXIMUM ATTORNEYS’ FEES
PERMITTED BY LAW. NOTHING HEREIN SHALL WAIVE ANY RIGHT THAT CANNOT
BE WAIVED UNDER APPLICABLE LAW, AND THIS PARAGRAPH SHALL BE
INTERPRETED AND ENFORCED CONSISTENT WITH SUCH LAW.
(d) The Mortgagee shall be entitled, without notice and without any showing of
waste of the Mortgaged Property, inadequacy of the Mortgaged Property as security for the
Indebtedness, or insolvency of the Mortgagor, to the appointment of a receiver of the rents
and profits of the Mortgaged Property, including those past due.
(e) The Mortgagee may pursue one or more of the remedies provided for in the
Loan Agreement or any other agreement now or hereafter entered into between the
Mortgagor and the Mortgagee in connection with the Loan Agreement or the Grant-
Eligible Activities contemplated herein.
17. Estoppel Certificate. The Mortgagor agrees at any time and from time to time, upon
not less than 15 days’ prior notice by the Mortgagee, to execute, acknowledge and deliver, without
charge, to the Mortgagee or to any person designated by the Mortgagee, a statement in writing
certifying, to the best of its knowledge, that this Mortgage is unmodified (or if there have been
modifications, identifying the same by the date thereof and specifying the nature thereof), the
principal amount then secured hereby, that the Mortgagor has not received any notice of default or
notice of acceleration or foreclosure of this Mortgage (or if the Mortgagor has received such a
notice, that it has been revoked, if such be the case), that to the knowledge of the Mortgagor no
Event of Default exists hereunder (or if any such Event of Default does exist, specifying the same
and stating that the same has been cured, if such be the case), the Mortgagor to the Mortgagor’s
knowledge have no claims or offsets against the Mortgagee (or if the Mortgagor have any such
claims, specifying the same), and the dates to which the principal and the other sums and charges
payable by the Mortgagor pursuant to the Loan Agreement have been paid. In the event the
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Mortgagor fails to execute, acknowledge and deliver such statement within the time above
required, the Mortgagor hereby appoint and constitute the Mortgagee as the Mortgagor’s attorney-
in-fact to do so (which power of attorney is coupled with an interest and is irrevocable), the
Mortgagor shall be fully bound by any such statement executed by the Mortgagee on the
Mortgagor’s behalf to the same extent as if the Mortgagor had executed, acknowledged and
delivered the same. The Mortgagee agrees to provide statements of the principal balance payable
pursuant to the Note from time to time upon request of the Mortgagor.
18. Forbearance Not a Waiver, Rights and Remedies Cumulative. No delay by the
Mortgagee in exercising any right shall be deemed a waiver of or preclude the exercise of such
right or remedy, and no waiver by the Mortgagee of any particular provision of this Mortgage shall
be deemed effective unless in writing signed by the Mortgagee. All such rights and remedies
provided for herein or which the Mortgagee may have otherwise, at law or in equity, shall be
distinct, separate and cumulative and may be exercised concurrently, independently or
successively in any order whatsoever, and as often as the occasion therefor arises. The
Mortgagee’s taking action pursuant to paragraph 10 or receiving proceeds, awards or damages
pursuant to paragraph 7 or 11 shall not impair any right or remedy available to the Mortgagee
under paragraph 16 hereof. Acceleration of maturity of the Indebtedness, once claimed hereunder
by the Mortgagee, may, at the option of Mortgagee, be rescinded by written acknowledgment to
that effect by the Mortgagee, but the tender and acceptance of partial payments alone shall not in
any way affect or rescind such acceleration of maturity of the Indebtedness.
19. Successors and Assigns Bound; Number; Gender; Agents; Captions. The
covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the
respective heirs, legal representatives, successors and assignees of the Mortgagee and the
Mortgagor. Wherever used, the singular number shall include the plural, and the plural the
singular, and the use of any gender shall apply to all genders. In exercising any rights hereunder
or taking any actions provided for herein, the Mortgagee may act through its employees, agents or
independent contractor as authorized by Mortgagee. The captions and headings of the paragraphs
of this Mortgage are for convenience only and are not to be used to interpret or define the
provisions hereof.
20. Notice. Any notice from the Mortgagee to the Mortgagor under this Mortgage shall
be deemed to have been given by the Mortgagee and received by the Mortgagor when mailed by
certified mail by the Mortgagee or its agents to the Mortgagor at the address set forth in
paragraph 26(a) below or at such other address as the Mortgagor may designate in writing to the
Mortgagee.
21. Governing Law; Severability. This Mortgage shall be governed by the laws of
Minnesota. In the event that any provision or clause of this Mortgage conflicts with applicable law,
such conflict shall not affect other provisions of this Mortgage which can be given effect without
the conflicting provisions and to this end the provisions of the Mortgage are declared to be
severable.
22. Counterparts. This Mortgage may be executed in any number of counterparts, each
of which shall be an original, but all of which together shall constitute one instrument.
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23. Waiver of Marshaling. To the fullest extent permitted by law and subject to the
rights of the senior lenders, the Mortgagor, any party who consents to this Mortgage, and any party
who now of hereafter acquires a lien on the Mortgaged Property and who has actual or constructive
notice of this Mortgage hereby waives any and all right to require the marshaling of assets in
connection with the exercise of any of the remedies permitted by applicable law or provided herein
and waives any right to have the Mortgaged Property sold in separate tracts pursuant to Minnesota
Statutes, Section 580.08.
24. Construction Mortgage. This Mortgage secures an obligation incurred for the
construction of an improvement on land and is a construction mortgage.
25. Application of Rents. Notwithstanding anything to the contrary herein, all Rents
collected by the Mortgagee or any receiver each month shall be applied as determined by
Mortgagor, or as otherwise determined by applicable law.
26. Fixture Filing. From the date of its recording, this Mortgage shall be effective as a
financing statement filed as a fixture filing with respect to all goods constituting part of the
Mortgaged Property (as more particularly described in Granting Clause I of this Mortgage) which
are or are to become fixtures related to the real estate described herein. For this purpose, the
following information is set forth:
(a) Name and Address of the Mortgagor:
Penn Station Apartments LLLP
510 Brunson Street, Suite 100
St. Paul, MN 55130
Attn: Johnny Opara, President and CEO
With a copy to: Winthrop & Weinstine, P.A.
225 South 6th St, Suite 3500
Minneapolis, MN 55402
Attn: Jon L. Peterson
(b) Name and Address of the Mortgagee:
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
Attn: Community Development Director
With a copy to: Kennedy & Graven, Chartered
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
Attention: Ronald H. Batty
This document covers goods which are or are to become fixtures.
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27. Additional Provisions.
(a) The Mortgagee agrees, notwithstanding any other provision herein to the
contrary, that in the event of a foreclosure of the Property, that no tenant may be evicted or
tenancy terminated (other than for good cause), and the rent on no apartment unit may be
increased, for the three year period following foreclosure if such eviction, termination of
tenancy or increase in rent would be contrary to the provisions of Section 42(h)(6)(E) of
the Internal Revenue Code of 1986, as amended. This Mortgage is expressly subordinate
to this provision.
(b) This Mortgage and the Note shall be construed according to the laws of
Minnesota.
(c) In the event of any fire or other casualty to the Project or eminent domain
proceedings resulting in condemnation of the Project or any part hereof, the Mortgagor
shall have the right to rebuild the Project, and to use all available insurance or
condemnation proceeds therefor, provided that no material default then exists under the
Loan Documents. If the casualty or condemnation affects only part of the Project and total
rebuilding is infeasible, then proceeds may be used for partial rebuilding and partial
repayment of the Loan in a manner that provides adequate security to the Mortgagee for
repayment of the remaining balance of the Loan.
(d) The Mortgagor will permit the Mortgagee’s authorized representatives to
enter the Property at all times during normal business hours upon not less than two (2)
business days’ prior written notice for the purpose of inspecting the same, which
inspections shall not unreasonably interfere with use or occupancy of the Property;
provided the Mortgagee shall have no duty to make such inspections and shall not incur
any liability or obligation for making or not making any such inspections .
(e) The Mortgagor hereby agrees to defend, indemnify, and hold harmless
Mortgagee from and against any and all claims, losses, damages, liabilities, costs, and
expenses, including without limitation reasonable attorneys’ fees, incurred by the
Mortgagee as a result of any hazardous materials or substances which are on the Property
in violation of applicable environmental laws at any time during which the Mortgagor shall
be in custody or control of the Property. This indemnification shall remain in full force
and effect and shall survive the repayment of the Loan and the exercise of any remedy by
the Mortgagee hereunder including a foreclosure of the Mortgage or the acceptance of a
deed in lieu of foreclosure.
(f) The Mortgagor shall have the right and privilege, but not the obligation, to
borrow additional funds and to further encumber the security and collateral given and
pledged to the Mortgagee hereunder at any time, from time to time, and as often as the
Mortgagor shall determine, but only with the prior written consent of the Mortgagee, which
consent shall not be unreasonably withheld, delayed and conditioned, except for the
Permitted Encumbrances set forth in Exhibit B.
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(g) If the Mortgagor fails to perform any of the covenants and agreements
contained in this Mortgage, subject to any applicable cure periods, or if any action or
proceeding is commenced which effects the Property or the interest of the Mortgagee
therein, or the title thereto, then the Mortgagee, at Mortgagee’s option, upon 60 days
advance written notice to the Mortgagor, may perform such covenants and agreements to
defend against and/or investigate such action or proceeding, and take such other action as
the Mortgagee deems necessary to protect the Mortgagee’s interest. The Mortgagee shall
be the sole judge of the legality, validity and priority of any claim, lien, encumbrance, tax
assessment, charge and premium paid by it and of the amount necessary to be paid in
satisfaction thereof. The Mortgagee is hereby given the irrevocable power of attorney
(which power is coupled with an interest and is irrevocable) effective 60 days after written
notice, to enter upon the Property as the Mortgagor’s agent in the Mortgagor’s name to
perform any and all covenants and agreements to be performed by the Mortgagor as herein
provided. Any amounts disbursed or incurred by the Mortgagee pursuant to this paragraph
shall become additional indebtedness of the Mortgagor secured by this Mortgage. Unless
the Mortgagor and the Mortgagee agree in writing to other terms of repayment, such
amounts shall be immediately due and payable. The Mortgagee shall, at its option, be
subrogated to the lien of any mortgage or other lien discharged in whole or in part by the
indebtedness or by the Mortgagee under the provisions hereof, and any such subrogation
rights shall require the Mortgagee to incur any expense or do any act hereunder, and the
Mortgagee shall not be liable to the Mortgagor for any damages or claims arising out of
action taken by the Mortgagee pursuant to this paragraph.
THE MORTGAGOR ACKNOWLEDGES THAT THIS IS A LEGAL DOCUMENT AND THAT
BEFORE SIGNING THE MORTGAGOR HAS FULLY UNDERSTOOD THE TERMS AND
CONDITIONS HEREIN, AND THE RIGHTS WAIVED HEREBY AND THE EFFECT OF
SUCH WAIVER OR HAS SOUGHT LEGAL COUNSEL TO EXPLAIN SUCH TERMS AND
CONDITIONS, RIGHTS AND THE WAIVER OF SUCH RIGHTS.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the Mortgagor has caused this Mortgage to be duly executed
as of the day and year first above written.
PENN STATION APARTMENTS LLLP, a
Minnesota limited liability limited partnership
By: Penn Station Apartments LLC, a Minnesota
limited liability company
Its: General Partner
By: JO Companies, LLC, a Minnesota limited
liability company
Its Sole Member
By:
Johnny Opara, Its Manager
Dated:
STATE OF MINNESOTA )
) ss
COUNTY OF __________________)
The foregoing instrument was acknowledged before me this _____ day of _______________,
2025 by Johnny Opara, the Manager of JO companies, LLC, a Minnesota limited liability
company, the Sole Member of Penn Station Apartments LLC, a Minnesota limited liability
company, the General Partner of Penn Station Apartments LLLP, a Minnesota limited liability
limited partnership, on behalf of the Mortgagor.
___________________________________
Notary Republic
This document drafted by:
Kennedy & Graven, Chartered (RHB)
150 South Fifth Street
Minneapolis, MN 55402-1299
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EXHIBIT A
LEGAL DESCRIPTION
[to be completed]
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RC160-5-1038670.v3
EXHIBIT B
PERMITTED ENCUMBRANCES
[to be completed]
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NOTE
(LHIA)
$850,000 Richfield, Minnesota
______________, 2025
FOR VALUE RECEIVED, the undersigned (herein called the “Borrower”), promises to
pay to the order of the City of Richfield, a municipal corporation under the laws of Minnesota, or
its assigns (the “Lender”), the sum of $850,000 (the “Loan”). Said sum was made available to the
Borrower pursuant to the terms of a Loan Agreement of even date herewith (the “Loan
Agreement”) between the Lender and the Borrower to enable the Borrower to undertake the
development of the Grant-Eligible Activities (as defined in the Loan Agreement) on Property (as
defined in the Loan Agreement) located in the City of Richfield, Minnesota.
1. This Note shall not bear interest.
2. The principal of the Loan shall be due and payable in one lump sum on the earliest
of: (a) December 31, 2055, (b) the sale of any portion of the Property by the Borrower without
the Lender’s prior written consent, or (c) the Borrower’s material default under the Loan
Agreement or Combination Mortgage and Security Agreement of even date herewith (the
“Mortgage”) from the Borrower to the Lender (the “Maturity Date”), at which time all unpaid
principal and sums paid or advanced by the Lender is due and payable. This Note may also be
required to be repaid in whole or in part in accordance with Article IX of the Loan Agreement.
The Note may be prepaid in whole or in part at any time without penalty.
3. If suit is instituted by Lender, or its successors or assigns, to recover on this Note,
the Borrower agrees to pay all costs of such collection actually incurred, awarded by a court of
competent jurisdiction, and reasonably documented, including reasonable attorneys’ fees and court
costs. If this Note be reduced to judgment, such judgment shall bear the lawful interest rate
pertaining to judgments, but not to exceed six percent (6%) per annum.
4. The Borrower hereby waives presentment, demand, protest and notice of demand,
protest and nonpayment of this Note.
5. This Note is given pursuant to the Loan Agreement and the Mortgage delivered by
the Borrower. If either the Loan Agreement or the Mortgage is found to be invalid due to a material
breach, misrepresentation, or act of the Borrower, such invalidity shall constitute an Event of
Default hereunder. This Note is secured by the Mortgage and such Mortgage describes the rights
of the Lender as to the acceleration of the indebtedness evidenced by this Note.
All of the agreements, conditions, covenants, provisions, and stipulations contained in the
Loan Agreement, the Mortgage, or any other instrument securing this Note are hereby made a part
of this Note to the same extent and with the same force and effect as if they were fully set forth
herein. It is agreed that time is of the essence of this Note. If an Event of Default occurs under
the Loan Agreement, the Mortgage, or any other instrument securing this Note, then the Lender
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may at its right and option, after giving any written notice and allowing any applicable cure period
provided in the Loan Agreement or Mortgage, declare immediately due and payable the principal
balance of this Note and sums paid or advanced by the Lender, together with reasonable attorneys’
fees and expenses, to the extent awarded to Lender by a court of competent jurisdiction, incurred
by the Lender in collecting or enforcing payment hereof and all other sums due hereunder or any
instrument securing this Note.
6. The remedies of the Lender as provided herein and in the Loan Agreement, the
Mortgage, or any other instrument securing this Note shall be cumulative and concurrent and may
be pursued singly, successively, or together, and, at the sole discretion of the Lender, may be
exercised, subject always to the nonrecourse limitations in paragraph 9 and applicable law, as often
as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no
event be construed as a waiver or release thereof.
The Lender shall not be deemed, by any act of omission or commission, to have waived
any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender
and then only to the extent specifically set forth in the writing. A waiver with reference to one
event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a
subsequent event. This Note may not be amended, modified, or changed except only by an
instrument in writing signed by the party against whom enforcement of any such amendment,
modifications, or change is sought.
7. If any term of this Note, or the application thereof to any person or circumstances,
shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of
such term to persons or circumstances other than those to which it is invalid or unenforceable shall
not be affected thereby, and each term of this Note shall be valid and enforceable to the fullest
extent permitted by law.
8. This Note shall be governed by and construed in accordance with the laws of
Minnesota.
9. Neither the Borrower nor any partner shall have any personal liability for the
Borrower’s obligations hereunder, it being recognized by the Lender the obligations of the
Borrower hereunder are non-recourse obligations and that the remedies of the Lender are limited
to the collateral security provided in connection with the Loan.
10. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things
required to exist, happen, and be performed precedent to or in the issuance of this Note do exist,
have happened, and have been performed in regular and due form as required by law.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the
date and year first written above.
PENN STATION APARTMENTS LLLP, a
Minnesota limited liability limited partnership
By: Penn Station Apartments LLC, a Minnesota
limited liability company
Its: General Partner
By: JO Companies, LLC, a Minnesota limited
liability company
Its Sole Member
By:
Johnny Opara, Its Manager
Dated:
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LOCAL HOUSING INCENTIVES ACCOUNT GRANT PROGRAM
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GRANTEE: City of Richfield GRANT NO. SG-22863
PROJECT: Penn Station
GRANT AMOUNT: $ 850,000.00 FUNDING CYCLE: 2024
COUNCIL ACTION: 01/08/2025 EXPIRATION DATE: 12/31/2027
METROPOLITAN LIVABLE COMMUNITIES ACT GRANT AGREEMENT
THIS GRANT AGREEMENT (“Agreement”) is made and entered into by the Metropolitan Council (“Council”) and the Municipality or Development Authority identified above as “Grantee.”
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act (“LCA”) and the policies of the Council’s Metropolitan Development Guide; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.254 establish within the Metropolitan Livable Communities Fund a Local Housing Incentives Account and require the Council to annually distribute funds in the account to Participating Municipalities that have not met their affordable and life-cycle housing goals and are actively funding projects designed to help meet the goals, or to Development Authorities for projects located in Participating Municipalities; and
WHEREAS, the Grantee is a Municipality that has negotiated affordable and life-cycle housing goals pursuant to Minnesota Statutes section 473.254, subdivision 2, and has elected to participate in the Local Housing Incentives Account program, or is a Development Authority; and
WHEREAS, the Grantee seeks funding in connection with an application for Local Housing Incentives Account funds submitted in response to a consolidated Request for Proposals with Minnesota Housing
for the “Funding Cycle” identified above and will use the grant funds made available under this Agreement to help fund the “Project” identified in the application; and
WHEREAS, the Council awarded Local Housing Incentives Account grant program funds to the Grantee subject to any terms, conditions, and clarifications stated in its Council Action, and with the understanding that the Project identified in the application will proceed to completion in a timely
manner, all grant funds will be expended prior to the “Expiration Date” identified above and Project construction will have “commenced” before the Expiration Date.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the Grantee and the Council agree as follows:
I. DEFINITIONS
1.01. Definition of Terms. The terms defined in this section have the meanings given them in this section unless otherwise provided or indicated by the context.
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(a) Commenced. For the purposes of Sections 2.09 and 5.03, “commenced” means significant physical improvements have occurred in furtherance of the Project (e.g., a foundation is being
constructed or other tangible work on a structure has been initiated). In the absence of significant physical improvements, visible staking, engineering, land surveying, soil testing, cleanup site investigation, or pollution cleanup activities are not evidence of Project commencement for the purposes of this Agreement.
(b) Council Action. “Council Action” means the action or decision of the governing body of the
Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by which the Grantee was awarded Local Housing Incentives Account funds.
(c) County. “County” means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties.
(d) Development Authority. “Development Authority” means a housing and redevelopment
authority, economic development authority, or port authority.
(e) Metropolitan Area. “Metropolitan Area” means the seven-county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2.
(f) Municipality. “Municipality” means a statutory or home rule charter city or town in the Metropolitan Area.
(g) Participating Municipality. “Participating Municipality” means a Municipality electing to participate in the Local Housing Incentives Account program under Minnesota Statutes section 473.254.
(h) Project. Unless clearly indicated otherwise by the context of a specific provision of this Agreement, “Project” means the development or redevelopment project identified in the
application for Local Housing Incentives Account funds for which grant funds were requested. Grant-funded activities typically are components of the Project.
(i) Redeployment of Repaid Grant Funds. “Redeployment of Repaid Grant Funds” means Grantee redeployment of Repaid Grant Funds to continue supporting affordable housing
components of the Project or implement or support projects that will help the Grantee (or the
Participating Municipality within which the Project is located) meet its affordable and life-cycle housing goals. (j) Repaid Grant Funds. “Repaid Grant Funds” means repaid loan principal and interest grant
funds made available to the Grantee and disbursed to the Project Owner in the form of a loan
pursuant to Sections 2.06 and 2.07 of this Agreement.
II. GRANT FUNDS
2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are
from the Local Housing Incentives Account of the Metropolitan Livable Communities Fund. The
grant funds are derived from property taxes authorized by Minnesota Statutes sections 473.249, 473.253 and 473.254, subdivision 5, and are not from state or federal sources.
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2.02 Total Grant Amount. The Council will grant to the Grantee the “Grant Amount” identified at Page 1 of this Agreement. Notwithstanding any other provision of this Agreement, the Grantee
understands and agrees that any reduction or termination of Local Housing Incentives Account funds made available to the Council, or any reduction or termination of the dollar-for-dollar match amount required under Section 2.03, may result in a like reduction in the Grant Amount made available to the Grantee.
2.03. Match Requirement. Pursuant to Minnesota Statutes section 473.254, subdivision 6, the
Grantee shall match on a dollar-for-dollar basis the total Grant Amount received from the Council under Section 2.02. The source and amount of the dollar-for-dollar match are identified in the Project Summary attached to and incorporated into this Agreement as Attachment A. With prior approval of the Council’s grant administrator the Grantee may change the source of the required match without a formal amendment to this Agreement, provided the change of match source is memorialized in a
revised Project Summary.
2.04. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under this Agreement shall be used only for the purposes and Project activities described in the application for Local Housing Incentives Account funds. A Project Summary that identifies eligible uses of the grant funds as approved by the Council is attached to and incorporated into this Agreement as
Attachment A. Grant funds must be used for purposes consistent with Minnesota Statutes section 473.25(a), in a Participating Municipality.
2.05. Ineligible Uses. Grant funds must be used for eligible costs directly associated with the Project activities for which the Council awarded grant funds. A detailed list of ineligible and eligible costs is available from the Community Development/Metropolitan Transportation Services Finance and
Administration Department. Grant funds also shall not be used by the Grantee or others to supplant or replace: (a) grant or loan funds obtained for the Project from other sources; (b) Grantee contributions to the Project, including financial assistance, real property or other resources of the Grantee; or (c) funding or budgetary commitments made by the Grantee or others prior to the Council Action,
unless specifically authorized by the Council. The Council shall bear no responsibility for cost
overruns which may be incurred by the Grantee or others in the implementation or performance of the Project activities. The Grantee agrees to comply with any “business subsidy” requirements of Minnesota Statutes sections 116J.993 to 116J.995 that apply to the Grantee’s expenditures or uses of the grant funds.
2.06. Loans for Low-Income Housing Tax Credit Projects. If consistent with the application
and the Project activities described or identified in Attachment A, or if requested in writing by the Grantee, the Grantee may structure the grant assistance to the Project as a loan so the Project Owner can take advantage of federal and state low-income housing tax credit programs. The Grantee may use the grant funds as a loan for a low-income housing tax credit Project, subject to the terms and
conditions stated in Sections 2.04 and 2.05 and the following additional terms and conditions:
(a) The Grantee covenants and represents to the Council that the Project is a rental housing project that received or will receive an award of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, and the low-income housing tax credit program administered by the Minnesota Housing Finance Agency or a program administered
by the Minneapolis/Saint Paul Housing Finance Board or another designated housing credit
agency that sub-allocates low-income housing tax credits in the Metropolitan Area.
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(b) The Grantee will execute a loan agreement with the Project Owner. Prior to disbursing any grant funds for the Project, the Grantee will provide to the Council a copy of the loan
agreement between the Grantee and the Project Owner.
(c) Notwithstanding the Expiration Date identified at Page 1 of this Agreement and referenced in Section 5.01, when the Grantee receives Repaid Grant Funds and elects Redeployment of Repaid Grant Funds the Grantee shall report Redeployment of Repaid Grant Funds in the next annual Housing Policy and Production Survey.
(d) The grant funds made available to the Grantee and disbursed to the Project Owner by the Grantee in the form of a loan may be used only for the grant-eligible activities and Project components for which the Grantee was awarded the grant funds. For the purposes of this Agreement, the term “Project Owner” means the current Project Owner and any Project Owner successor(s).
(e) Pursuant to Section 2.05, the grant funds made available to the Grantee and disbursed to the Project Owner in the form of a loan shall not be used by the Grantee, the Project Owner or others to supplant or replace: (1) grant or loan funds obtained for the Project from other sources; or (2) Grantee contributions to the Project, including financial assistance, real property or other resources of the Grantee; or (3) funding or budgetary commitments made by
the Grantee or others prior to the Council Action, unless specifically authorized by the Council. The Council will not make the grant funds available to the Grantee in a lump sum payment but will disburse the grant funds to the Grantee on a reimbursement basis pursuant to Section 2.12.
(f) By executing this Agreement, the Grantee: (1) acknowledges that the Council expects the loan
will be repaid so the grant funds may be used to help fund other activities consistent with the requirements of the Metropolitan Livable Communities Act; (2) covenants, represents and warrants to the Council that the Grantee’s loan to the Project Owner will meet all applicable low-income housing tax credit program requirements under Section 42 of the Internal
Revenue Code of 1986, as amended (the “Code”), and the low-income housing tax credit
program administered by the Minnesota Housing Finance Agency or a program administered by the Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency that sub-allocates low-income housing tax credits in the Metropolitan Area; and (3) agrees to administer its loan to the Project Owner consistent with federal and state low-
income housing tax credit program requirements.
(g) The Grantee will, at its own expense, use diligent efforts to recover loan proceeds: (1) whenever the Project Owner becomes obligated to repay the Grantee’s loan or defaults on the Grantee’s loan; (2) when the initial thirty-year “compliance period” expires, unless the Council agrees in writing that the Grantee may make the grant funds available as a
loan to the Project Owner for an “extended use period”; and (3) if noncompliance with low-
income housing tax credit program requirements or some other event triggers the Project Owner’s repayment obligations under its loan agreement with the Grantee. Except as otherwise provided in this Paragraph (g), the Grantee must repay to the Council all loan repayment amounts the Grantee receives from the Project Owner. The Grantee shall not be obligated to
repay the grant funds to the Council except to the extent the Project Owner repays its loan to the
Grantee, provided the Grantee has exercised the reasonable degree of diligence and used
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administrative and legal remedies a reasonable and prudent housing finance agency would use to obtain payment on a loan, taking into consideration (if applicable) the subordinated nature of
the loan.
As an alternative to such loan proceeds recovery, the Grantee may elect Redeployment of Repaid Grant Funds. If the Grantee elects Redeployment of Repaid Grant Funds, the Grantee shall report such Redeployment of Repaid Grant Funds in its next annual Housing Policy and Production Survey. Upon the Council’s review of any Redeployment of Repaid Grant Funds
identified in the Grantee’s Housing Policy or Production Survey or otherwise, the Council reserves the right to request return of such funds if, after review, the Council determines such Redeployment of Repaid Grants Funds does not comply with the Livable Communities Act program requirements, or affordable and life-cycle housing goals. Upon the Council’s request, the Grantee shall promptly return the Repaid Grant Funds.
(h) If the Grantee earns any interest or other income from its loan agreement with the Project Owner, the Grantee must repay to the Council all interest or other income the Grantee receives from the Project Owner. Alternatively, the Grantee may elect redeployment of interest or other income received from the Project Owner. If the Grantee elects redeployment of such interest or other income so received, the Grantee shall report such redeployment in its next
annual Housing Policy and Production Survey. Upon the Council’s review of any such redeployment identified in the Grantee’s Housing Policy or Production Survey or otherwise, the Council reserves the right to request return of such interest or other funds if, after review, the Council determines such redeployment of does not comply with the Livable Communities Act program requirements, or affordable and life-cycle housing goals. Upon the Council’s
request, the Grantee shall promptly return the interest or other income received from the Project Owner. The Grantee is not obligated to earn any interest or other income from its loan agreement with the Project Owner, except to the extent required by any applicable law.
2.07. Revolving or Deferred Loans. If consistent with the application and the Project Summary
or if requested in writing by the Grantee, the Grantee may use the grant funds to make deferred loans
(loans made without interest or periodic payments), revolving loans (loans made with interest and periodic payments) or otherwise make the grant funds available on a “revolving” basis for the purposes of implementing the Project activities described or identified in Attachment A.
As an alternative to such loan proceeds recovery for revolving loans, the Grantee may elect
Redeployment of Repaid Grant Funds. If the Grantee elects Redeployment of Repaid Grant Funds,
the Grantee shall report such Redeployment of Repaid Grant Funds in its next annual Housing Policy and Production Survey. Upon the Council’s review of any Redeployment of Repaid Grant Funds identified in the Grantee’s Housing Policy or Production Survey or otherwise, the Council reserves the right to request return of such funds if, after review, the Council determines such Redeployment
of Repaid Grants Funds does not comply with the Livable Communities Act program requirements,
or affordable and life-cycle housing goals. Upon the Council’s request, the Grantee shall promptly return the Repaid Grant Funds.
2.08. Restrictions on Grants and Loans by Subrecipients. The Grantee shall not permit any subgrantee, subrecipient, or contractor to use the grant funds for grants or loans to any subgrantee or
subrecipient at any tier unless the Grantee obtains the prior written consent of the Council. The
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requirements of this Section 2.08 shall be included in all subgrants, subrecipient agreements, and contracts.
2.09. Project Commencement and Changes. The Project for which grant funds were requested must be “commenced” prior to the Expiration Date. The Grantee must promptly inform the Council in writing of any significant changes to the Project for which the grant funds were awarded, as well as any potential changes to the grant-funded activities described or identified in Attachment A. Failure to inform the Council of any significant changes to the Project or significant changes to grant-
funded components of the Project, and use of grant funds for ineligible or unauthorized purposes, will jeopardize the Grantee’s eligibility for future LCA awards. Grant funds will not be disbursed prior to Council approval of significant changes to either the Project or to grant-funded activities described or identified in Attachment A.
2.10. Budget Variance. The Grantee may reallocate up to twenty percent (20%) of the Grant
Amount among the grant-funded activities, provided: (a) the grant funds may be used only for Project activities for which the Council awarded the grant funds; (b) the reallocation does not significantly change the Project deliverables; and (c) the Grantee receives written permission from Council staff prior to reallocating any grant funds. Council staff may administratively approve budget reallocation requests that exceed twenty percent (20%) of the Grant Amount only if the reallocation does not
significantly change the Project deliverables. Notwithstanding the aggregate or net effect of any variances, the Council’s obligation to provide grant funds under this Agreement shall not exceed the Grant Amount identified at Page 1 of this Agreement.
2.11. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds, including any grant funds that are not expended prior to the Expiration Date
identified at Page 1 of this Agreement; any grant funds that are not used for the authorized purposes; any grant funds that are not matched on a dollar-for-dollar basis as required by Section 2.03; and any interest earnings described in Section 2.13 that are not used for the purposes of implementing the grant-funded Project activities described or identified in Attachment A. For the purposes of this
Agreement, grant funds are “expended” prior to the Expiration Date if the Grantee pays or is obligated
to pay for expenses of eligible grant-funded Project activities that occurred prior to the Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or unused grant funds and other funds remitted to the Council shall revert to the Council’s Local Housing Incentives Account for distribution through application processes in future Funding Cycles or as otherwise
permitted by law.
2.12. Payment Requests, Documentation, and Disbursements. The Council will disburse grant funds in response to payment requests submitted by the Grantee through the Council’s online grant management system and reviewed and approved by the Council’s Authorized Agent. The Council will make the final determination whether the expenditures are eligible for reimbursement under this
Agreement, and verify the total amount requested from the Council. Reimbursement of any costs does
not constitute a waiver by the Council of any Grantee noncompliance with this Agreement.
The Council shall disburse grant funds for all grant-eligible expenditures within thirty-five (35) days of the receipt of satisfactory documentation from the Grantee. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 2.12, THE COUNCIL WILL NOT DISBURSE ANY
GRANT FUNDS TO THE GRANTEE UNLESS THE PARTICIPATING MUNICIPALITY
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WITHIN WHICH THE PROJECT IS LOCATED HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY SECTION 3.04.
2.13. Interest Earnings. If the Grantee earns any interest or other income from the grant funds received from the Council under this Agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the Project activities described or identified in Attachment A.
2.14. Effect of Grant. Issuance of this grant neither implies any Council responsibility for contamination, if any, at the Project site nor imposes any obligation on the Council to participate in
any pollution cleanup of the Project site if such cleanup is undertaken or required.
2.15. Resale Limitations. The Grantee must impose resale limitations regarding the disposition of any equity realized by the purchasers of “affordable” units if grant funds received from the Council under this Agreement are used for homeownership affordability gap financing in the Project described or identified in Attachment A. The intent of this resale limitation is to protect the public investment
in the Project and ensure that a proportion of the affordability gap provided by the public investment in the form of grant funds received from the Council is recaptured for reuse in conjunction with other affordable housing efforts and does not become a windfall for any purchaser who might sell the home prior to expiration of a predetermined resale limitation period. If a purchaser sells the “affordable” home prior to expiration of the resale limitation time period, an equitable proportion of the
affordability gap filled by grant funds received from the Council under this Agreement must be recaptured by the Grantee within twenty-four (24) months of the triggering resale event and applied to a similar affordable housing project within the Participating Municipality or returned to the Council. Unless otherwise agreed to by the Council and the Grantee, the length of the resale limitation time period and the proportion of the affordability gap to be recovered will be consistent with resale
limitation time periods and repayment schedules stated in the Project application. These resale limitations do not apply when the grant funds are used for homeownership value gap financing.
III. AFFORDABILITY; AFFIRMATIVE FAIR HOUSING
3.01. Affordability Term. If the Project for which the grant funds were awarded includes
affordable housing units, the Grantee shall, through written instruments or otherwise, ensure the
affordable units will remain affordable for a minimum period of fifteen (15) years. The Grantee’s obligation under this section may be satisfied if other Project funding sources (e.g., the Minnesota Housing Finance Agency or the U.S. Department of Housing and Urban Development (“HUD”)) or state or federal laws (e.g., low-income housing tax credit programs) require an affordability term of
at least fifteen (15) years. For the purposes of this section, “affordable housing unit” means a unit
that is affordable to households at eighty percent (80%) or less of the Area Median Income (“AMI”), as established by HUD, unless the Grantee’s application stated an affordability standard lower than eighty percent (80%) of AMI, in which case the Grantee’s lower affordability standard shall apply. The affordability requirements of this section shall survive the expiration or termination of this
Agreement. If the affordable housing units are made available for homeownership then they are
subject to the resale limitations specified in Section 2.15 and the affordability requirements of this section only apply if Council grant funds pay more than half of the housing unit’s affordability gap stated in the Project application.
3.02. Affirmative Fair Housing Marketing Plans. If the Project for which the grant funds were
awarded is a housing project or includes housing units (whether market rate or affordable), the
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Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent owner(s)) adopts and implements an affirmative fair housing marketing plan for all Project housing
units. For the purposes of this section, “affirmative fair housing marketing plan” means an affirmative fair housing marketing plan that substantially conforms to affirmative fair housing marketing plans published by the U.S. Department of Housing and Urban Development (“HUD”) or sample affirmative fair housing marketing plans published by the Minnesota Housing Finance Agency. The affirmative fair housing marketing plan requirement under this section shall continue for the
minimum affordability term specified in Section 3.01 and shall survive the expiration or termination of this Agreement.
3.03. Section 8 Housing Choice Vouchers. If the Project is a housing project, or includes housing units (whether market rate or affordable) and the Grantee stated in its application that the Project housing units would be made available to households participating in the federal Housing Choice
Voucher program, the Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent owner(s)) adopts and implements a policy under which the Project owner will not refuse to lease Project units to households or individuals participating in the Housing Choice Voucher program because those households or individuals are Housing Choice Voucher program participants. The Housing Choice Voucher requirement under this section shall continue for the
minimum affordability term specified in Section 3.01 and shall survive the expiration or termination of this Agreement.
3.04. Fair Housing Policy. If the Project will include a housing component, the governing body of the Participating Municipality within which the Project is located must have adopted a Fair Housing Policy. For the purposes of this section, the term “Fair Housing Policy” means a written statement
regarding the Participating Municipality’s commitment to fair housing that substantively includes at least the following elements: a purpose statement; procedures for responding to fair housing concerns and complaints; and a designated individual or staff position responsible for fair housing issues. A best practices guide, as well as a copy of a model local fair housing policy is available at:
https://metrocouncil.org/Handbook/Files/Resources/Best-Practices/Fair-Housing-Policy-
Guide.aspx.
IV. ACCOUNTING, AUDIT, AND REPORT REQUIREMENTS
4.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from
the Council. Notwithstanding the expiration and termination provisions of Sections 5.01 and 5.02,
such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the completion of the Project activities described or identified in Attachment A or six (6) years following the expenditure of the grant funds, whichever occurs earlier. For all expenditures of grant funds received pursuant to this Agreement, the Grantee will keep proper financial records
and other appropriate documentation sufficient to evidence the nature and expenditure of the dollar-
for-dollar match funds required under Section 2.03. Accounting methods shall be in accordance with generally accepted accounting principles.
4.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the
Grantee’s premises or otherwise by individuals or organizations designated and authorized by the
Council at any time, following reasonable notification to the Grantee, for a period of six (6) years
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following the completion of the Project activities or six (6) years following the expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5,
the books, records, documents and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years.
4.03. Reporting and Continuing Requirements. The Grantee will report to the Council on a semi-annual basis by January 31 (for the period of July 1 through December 31) and July 31 (for the period
January 1 through June 30) of each calendar year during the term of this Agreement. The Grantee reports shall describe the status of the Project activities described or identified in Attachment A. The report shall also describe the Project spending for the current reporting period and projected spending for the future reporting periods. The Grantee also must complete and submit to the Council a Final Report before the final disbursement of grant funds will be approved. The form and content of the
semi-annual status reports and the Final Report will be determined by the Council. These reporting requirements and the reporting requirements of Sections 2.06 and 2.07 shall survive the expiration or termination of this Agreement.
4.04. Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental review has been or will be carried out, if such environmental
assessment or review is appropriate for the scope and nature of the Project activities funded by this grant, and that any environmental issues have been or will be adequately addressed.
V. AGREEMENT TERM
5.01. Term and Close Out. This Agreement is effective upon execution of this Agreement by the Council. Unless terminated pursuant to Section 5.02, this Agreement expires on the Expiration Date
identified at Page 1 of this Agreement. Failure of the Grantee to timely execute this Agreement does not extend the Expiration Date. The Grantee has 120 calendar days after the Expiration Date to provide documentation and information necessary to close out this Agreement and receive disbursements for eligible grant-funded Project activities as prescribed in Section 2.04. If the Grantee
fails to provide necessary documentation and information during this 120-day close out period, the
Grantee shall not be eligible to receive any unpaid grant funds and the Council will not disburse any unpaid grant funds to the Grantee. This 120-day close out period does not extend any Grantee reporting deadlines established in this Agreement or authorize the Grantee to expend or commit any grant funds after the Expiration Date.
5.02. Termination. This Agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities described or identified in Attachment A that have been completed prior to the termination.
Termination of this Agreement does not alter the Council’s authority to recover grant funds on the
basis of a later audit or other review and does not alter the Grantee’s obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this Agreement and the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect
the Council’s interests and may refuse to disburse additional grant funds and may require the Grantee
to return all or part of the grant funds already disbursed.
Page 92 of 187
LOCAL HOUSING INCENTIVES ACCOUNT GRANT PROGRAM
Page 10 of 13 Pages
SG-22863 rev.12/12/24
5.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by mutual agreement. Amendments or an extension of this Agreement shall be effective only on the
execution of written amendments signed by authorized representatives of the Council and the Grantee. If the Grantee needs a change to the Project, additional time within which to complete grant-funded activities and commence the Project, a change in the budget, or a change in the grant-funded activities the Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR DAYS PRIOR TO THE EXPIRATION DATE, a complete, written amendment request. All requirements must be met
for a request to be considered complete. THE EXPIRATION DATE MAY BE EXTENDED, BUT THE PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO (2) YEARS BEYOND THE ORIGINAL EXPIRATION DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT.
VI. GENERAL PROVISIONS
6.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local civil rights commission, disability, sexual orientation, or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training.
6.02. Conflict of Interest. The members, officers, and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions.
6.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest extent permitted by law, the Grantee shall defend, indemnify, and hold harmless the Council and its members, employees, and agents from and against all claims, damages, losses, and expenses, including
but not limited to attorneys’ fees, arising out of or resulting from the conduct or implementation of the Project activities funded by this grant, except to the extent the claims, damages, losses and expenses arise from the Council’s own negligence. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act
(MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42, sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code, title 42, sections 6901 et seq. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would
exist between the Council and the Grantee. The provisions of this section shall survive the expiration
or termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law.
6.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publications relating to
the Project. The acknowledgment will contain the following or comparable language:
Financing for this project was provided by the Metropolitan Council Metropolitan Livable Communities Fund.
Page 93 of 187
LOCAL HOUSING INCENTIVES ACCOUNT GRANT PROGRAM
Page 11 of 13 Pages
SG-22863 rev.12/12/24
Until the Project is completed, the Grantee shall ensure the above acknowledgment language, or alternative language approved by the Council’s Authorized Agent, is included on all signs (if any)
located at Project or construction sites that identify Project funding partners or entities providing financial support for the Project. The acknowledgment and signage should refer to the “Metropolitan Council” (not “Met Council” or “Metro Council”).
6.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any applicable local, state, or federal licenses, permits, bonds, authorizations, or approvals necessary to
perform or complete the Project activities described or identified in Attachment A. The Grantee and its developer(s), if any, must comply with all applicable licensing, permitting, bonding, authorization, and approval requirements of federal, state, and local governmental and regulatory agencies, including conservation districts.
6.06. Subgrantees, Contractors, and Subcontractors. The Grantee shall include in any subgrant,
contract, or subcontract for Project activities appropriate provisions to ensure subgrantee, contractor, and subcontractor compliance with all applicable state and federal laws and this Agreement. Along with such provisions, the Grantee shall require that contractors and subcontractors performing work covered by this Agreement comply with all applicable state and federal Occupational Safety and Health Act regulations. The Grantee’s subgrant agreement(s) shall expressly include the affordability
and affirmative fair housing marketing plan requirements of Sections 3.01 and 3.02.
6.07. Stormwater Discharge and Water Management Plan Requirements. If any grant funds are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require to be met all applicable requirements of:
(a) Federal and state laws relating to stormwater discharges including, without limitation, any
applicable requirements of Code of Federal Regulations, title 40, parts 122 and 123; and
(b) The Council’s 2040 Water Resources Policy Plan and the local water management plan for the jurisdiction within which the redevelopment site is located.
6.08. Authorized Agent. Payment requests, written reports, and correspondence submitted to the
Council pursuant to this Agreement shall be directed to the Authorized Agent named below or their
successor through the Council’s online grants administration portal or to the below contact information:
Attn: Kelly Nezworski Metropolitan Council
CD & MTS Finance and Administration
390 Robert Street North Saint Paul, Minnesota 55101-1805 kelly.nezworski@metc.state.mn.us
6.09. Non-Assignment. Minnesota Statutes section 473.254, subdivision 6, requires the Council
to distribute the grant funds to eligible “municipalities” or “development authorities” for projects in municipalities participating in the Local Housing Incentives Account program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee.
Page 94 of 187
LOCAL HOUSING INCENTIVES ACCOUNT GRANT PROGRAM
Page 12 of 13 Pages
SG-22863 rev.12/12/24
6.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee: (a) is the owner of any renderings, images, perspectives, sections, diagrams, photographs, or other
copyrightable materials (collectively, “copyrightable materials”) that are in the Grantee’s application or are submitted to the Council as part of the grant application review process or after grant award, or that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and (b) the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the Council has a nonexclusive royalty-free license and all necessary permissions to reproduce and
publish the copyrightable materials for noncommercial purposes, including but not limited to press releases, presentations, reports, and on the internet. The Grantee also agrees the Grantee will not hold the Council responsible for the unauthorized use of the copyrightable materials by third parties.
6.11. Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the Grantee and on behalf of the Council represent and warrant on the Grantee’s and the Council’s behalf
respectively that the individuals are duly authorized to execute this Agreement on the Grantee’s and the Council’s behalf respectively and that this Agreement constitutes the Grantee’s and the Council’s valid, binding, and enforceable agreements.
6.12. Counterparts. This Agreement may be executed in counterpart, each of which counterpart constitutes an original, but both of which together constitute one instrument.
6.13. Electronic Signatures. The electronic signatures of the Council’s and the Grantee’s
authorized representatives shall be valid as an original signature of the authorized representatives and
shall be effective to bind the Council and the Grantee under this Agreement. This Agreement
containing, or to which there is affixed, an electronic signature shall be deemed to: (a) be “written”
or “in writing”; (b) have been signed; and (c) constitute a record established and maintained in the
ordinary course of business and an original written record when printed from electronic files.
“Electronic signature” also means a manually signed original signature that is then transmitted by any
electronic means, including without limitation a faxed version of an original signature or an
electronically scanned and transmitted version (e.g., via PDF) of an original signature. The Council’s
or the Grantee’s failure to produce the original signature of any electronically transmitted signature
shall not affect the enforceability of this Agreement.
This space intentionally left blank. Signature page follows.
Page 95 of 187
LOCAL HOUSING INCENTIVES ACCOUNT GRANT PROGRAM
Page 13 of 13 Pages
SG-22863 rev.12/12/24
IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
CITY OF RICHFIELD METROPOLITAN COUNCIL
By: _______________________________ By: _____________________________ LisaBeth Barajas, Executive Director Title: _____________________________ Community Development Division
Date: _____________________________ Date: ___________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
Approved as to form:
By: _______________________________ City Attorney’s Office
Date: ___________________________________
Mary Tietjen (Jan 29, 2025 14:41 CST)
Mary Tietjen
01/29/25
Mayor of Richfield
01/29/25
City Manager
01/30/25
06/02/2025
Page 96 of 187
ATTACHMENT A
PROJECT SUMMARY
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the Project identified in the application for Local Housing Incentives Account grant funds submitted in
response to a consolidated Request for Proposals issued with Minnesota Housing for the Funding
Cycle identified at Page 1 of this Agreement. The summary reflects the proposed Project for which the Grantee was awarded grant funds by the Council Action, and may reflect changes in Project funding sources, changes in funding amounts, or minor changes in the proposed Project that occurred subsequent to application submission. The application is incorporated into this Agreement by
reference and is made a part of this Agreement as follows. If the application or any provision in the application conflicts with or is inconsistent with the Council Action, other provisions of this Agreement, or the Project summary contained in this Attachment A, the terms, descriptions, and dollar amounts reflected in the Council Action or contained in this Agreement and the Project Summary shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of
precedence is: (1) the Council Action; (2) this Agreement; (3) the Project Summary; and (4) the grant application.
Page 97 of 187
Livable Communities Project Summary
Grant # SG-22863
Type: Local Housing Incentives Account
Applicant: City of Richfield
Project Name: Penn Station
Project Location: 6501 & 6525 Penn Avenue South
Council District(s): 5 – John Pacheco, Jr.
Project Detail
Project Overview
New construction, 42-unit affordable housing development. Seven units
will be set aside for High Priority Homeless residents and another six will
be set aside for People with Disabilities. The project will include an on-site play area for children as well as ground floor amenity space for residents including on-site management, a fitness center, and a community room. Total housing units 42
Affordability Bands <30% AMI: 16 units 51-60% AMI: 26 units
Unit Sizes
One BR: 8 units Two BR: 22 units Three BR: 8 units Four BR: 4 units
Funding
LHIA Funds $850,000
LHIA Match Source City of Richfield Affordable Housing Trust Fund: $485,000
Reduced Sale Price from the City of Richfield: $1,000,000
Page 98 of 187
Grant No. 22863
Final Audit Report 2025-01-30
Created:2025-01-29
By:Latonia Dubois (LDubois@richfieldmn.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA_A11bfa4-OdA1IxMX_uh7jlIbuctoe6R
"Grant No. 22863" History
Document created by Latonia Dubois (LDubois@richfieldmn.gov)
2025-01-29 - 5:05:54 PM GMT
Document emailed to Mary Supple (msupple@richfieldmn.gov) for signature
2025-01-29 - 5:06:00 PM GMT
Document emailed to Katie Rodriguez (krodriguez@richfieldmn.gov) for signature
2025-01-29 - 5:06:00 PM GMT
Document emailed to Mary Tietjen (mtietjen@kennedy-graven.com) for signature
2025-01-29 - 5:06:01 PM GMT
Email viewed by Mary Tietjen (mtietjen@kennedy-graven.com)
2025-01-29 - 8:41:03 PM GMT
Document e-signed by Mary Tietjen (mtietjen@kennedy-graven.com)
Signature Date: 2025-01-29 - 8:41:59 PM GMT - Time Source: server
Email viewed by Mary Supple (msupple@richfieldmn.gov)
2025-01-29 - 8:46:11 PM GMT
Document e-signed by Mary Supple (msupple@richfieldmn.gov)
Signature Date: 2025-01-29 - 8:47:08 PM GMT - Time Source: server
Email viewed by Katie Rodriguez (krodriguez@richfieldmn.gov)
2025-01-30 - 3:42:00 PM GMT
Document e-signed by Katie Rodriguez (krodriguez@richfieldmn.gov)
Signature Date: 2025-01-30 - 3:43:00 PM GMT - Time Source: server
Agreement completed.
2025-01-30 - 3:43:00 PM GMT
Page 99 of 187
City Council Meeting 8/26/2025
Agenda Section: Proposed Ordinances
Agenda Item: 10.a.
Report Prepared By:
Sam Crosby, City Planner
Department Director:
Melissa Poehlman, Community Development Director
Item for Consideration:
First reading of ordinance changes related to multifamily development
regulations (MR-2 & MR-3 zoning district updates).
EXECUTIVE SUMMARY
During the 2018 Comprehensive Plan update, residents overwhelmingly identified
housing needs and affordability as a key concern. Recognizing that outdated zoning
regulations are one barrier to affordable housing, the City is updating the MR-2
(Multifamily) and MR-3 (High Density Multifamily) zoning districts to better facilitate a
variety of housing choices known as the “missing middle.” Missing middle housing
refers to moderately dense housing options such as triplexes, quadplexes, and small
apartment buildings. These types of homes can provide affordable and diverse living
options, filling the gap between single-family homes and large high-rise buildings.
It is important to note that the update focuses on regulations for multifamily housing
construction and does not involve the rezoning of any properties. For details on affected
areas, refer to the “Existing & Planned Multifamily Parcels Map."
Since August 2024, City planning staff and consultant TC2 have collaborated on this
effort (see “Historical Context” below). The proposed changes were carefully crafted
based on real-world examples, and tested by designers on typical parcel sizes to
ensure feasibility. Following an eight-month update process and close collaboration with
policymakers and stakeholders, staff have prepared seven related ordinances.
In summary, the proposed amendments found in the seven ordinances are intended to:
• Facilitate infill development of small-sized multifamily housing;
• Accommodate the density ranges prescribed by the 2040 Comprehensive Plan;
and
• Streamline the review and approval process.
HISTORICAL CONTEXT
▪ The City was awarded a Metropolitan Council Livable Communities Act (LCA)
Policy Development Grant in June 2024, and a contract with consultant TC2 was
finalized in August 2024.
▪ The project began in late 2024/early 2025 with research into best practices,
meetings with developers, and analysis of local project examples.
Page 100 of 187
▪ The first Administrative Review Committee (ARC) meeting was held on January
9, 2025.
▪ A joint Planning Commission and City Council work session on Tier I standards
was held on February 24, 2025.
▪ A second ARC meeting was held on March 13, 2025.
▪ The project website was launched and public outreach was initiated in April 2025:
1. Post cards were mailed to owners of parcels zoned MR-2 or MR-3, or guided for
multifamily (Medium or High Density).
2. The project website was promoted through social media, local newspapers, and
the Richfield Recap.
3. Stakeholder outreach included the following groups:
• Developers
• Minneapolis Association of Realtors
• Richfield Chamber of Commerce
• Regional Housing Policy Group
• Richfield Apartment Managers Association
▪ A joint Planning Commission and City Council work session on Tier II and Tier III
standards was held on May 13, 2025.
▪ A third ARC meeting was held on June 12, 2025.
▪ The project website was revised and a second round of public outreach took
place in June.
RECOMMENDED ACTION
By motion: Approve the first reading of seven ordinance amendments regarding
multifamily development regulations (MR-2 & MR-3 district updates).
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Affordability
The changes being considered support more than one of the Council’s strategic
outcomes. First and foremost, it will help maintain Richfield as an affordable place to
live.
Sustainability
The proposed changes will promote climate resiliency, as facilitating the construction of
infill housing helps mitigate sprawl and dependence on private automobiles. Smaller
dwellings have a lower per capita energy use. According to the American Council for
Energy Efficiency and Economics, shared walls and HVAC systems utilize far fewer
resources than detached dwellings.
Efficiency
The proposed increase in administrative project approvals will further the Community
Development strategic initiative to update development review processes and
procedures.
Equity
The proposed changes will help to reduce racial inequities and barriers to affordable
living for traditionally excluded groups. Middle housing has historically given working-
class families, which tend to have a greater population of people of color, access to
Page 101 of 187
more affordable homes. Facilitating the development of missing middle housing near
jobs, amenities, services and transit will make strides toward undoing past
discriminatory practices by providing more units that are attainable to communities of
color. Regardless of race or income, housing should be available for everyone;
arguments to the contrary are exclusionary.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
Several changes have been made to modernize and facilitate infill development on MR-
2 and MR-3 properties. Generally, changes include: reduced minimum lot sizes,
increased building and lot coverages, reduced setbacks, minor height changes, and
parking reductions in targeted transit and pedestrian-friendly areas. Building and site
design standards have been updated to ensure high-quality design and general
consistency with similar uses in other districts. The approval process has been modified
to allow some projects with administrative review only. (Projects of up to 16 units in MR-
2, and 32 units in MR-3, could be approved at a staff level provided all requirements are
met).
One change was added after the last work session (before the Planning Commission):
to apply Electric Vehicle charger requirements to multifamily the same way we apply
them to commercial sites - on a per stall basis, rather than a per unit basis. The
thresholds were also adjusted very slightly to be more equitable.
The Planning Commission voted unanimously (5-0) to recommend approval on July 28.
Staff pointed out an omission related to sidewalks, and after a public hearing, the
Commission approved the ordinances as presented, with the inclusion of the missing
sidewalk requirement, which can now be found under the “Additional Regulations”
section of both the MR-2 and MR-3 districts.
One more adjustment was made by staff since the Planning Commission meeting.
Regarding exterior material requirements in the “General Building and Performance
Standards” section, the amount of finished metal panels allowed above the ground floor
was increased from 20% to 40%. In reviewing the project examples again, staff feels
20% may be too restrictive. The material is budget-friendly; so long as the material is
not the predominant material used, the established residential character would be
maintained.
For a detailed summary of the changes proposed by the draft ordinances, see the Tier I,
II and III documents, attached.
Discretion
The City has a high level of discretion when reviewing a Zoning Code text amendment.
The Zoning Code is the main tool cities use to enact policies and development
standards they decide are appropriate for their community. However, the proposed
amendment must be consistent with the goals, policies and objectives of the
Comprehensive Plan.
Comprehensive Plan
The 2040 Comprehensive Plan (adopted in 2018) is the foundation for this work. See
the “Related Comp Plan Goals and Policies” document for a list of goals and policies
that support the code analysis and reform.
Page 102 of 187
CRITICAL TIMING ISSUES
• Metropolitan Council grant funds need to be used by the end of June 30, 2026.
• Staff hopes to complete the code updates by the end of September 2025, prior to
beginning the next comprehensive plan update, for which system statements are
released this fall.
FINANCIAL IMPACT
None.
LEGAL CONSIDERATIONS
▪ Notice of the Planning Commission’s public hearing was published in the Sun
Current newspaper on July 17, 2025.
▪ The Planning Commission unanimously recommended approval of the proposed
ordinances at its July 28 meeting.
▪ A second reading of the proposed ordinances is scheduled for Council
consideration on September 9, along with consideration of a summary
publication.
ALTERNATIVE RECOMMENDATION(S)
Approve the first reading of the ordinances with additions and or modifications;
Deny the first reading of the ordinance amendments regarding multifamily development
regulations (MR-2 & MR-3 district updates).
ATTACHMENTS
1. 507 & 509 - Definitions and General Provisions Ordinance Amendment
2. 525 - MR-2 District Ordinance Amendment
3. 527 - MR-3 District Ordinance Amendment
4. 541.25 - VPA Overlay Ordinance Amendment
5. 544 - General Bldg and Perf. Standards Ordinance Amendment
6. 547 - Administration Ordinance Amendment
7. Chapter 1310 - Repeal Res. Parking Permits Ordinance
8. Existing and Planned Multifamily Parcels Map 07-24-25
9. Tier I Final
10. Tier II Final
11. Tier III Final
12. Related Comp Plan Goals and Policies
Page 103 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Motion by: XX
Seconded by: XX
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE (APPENDIX B OF THE MUNICIPAL CODE)
TO MODIFY SECTION 507 “PURPOSE AND DEFINITIONS” AND
SECTION 509 “GENERAL PROVISIONS”
WITH CHANGES RELATED TO THE MR-2 & MR-3 ZONING CODE UPDPATES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 507.07 “Definitions” is revised at the following subdivisions to read as
follows; all other subdivisions to remain unchanged, except for being renumbered
accordingly:
Subd. 54 “Expanded 66th & Lyndale Area.” All parcels located on either side of
66th Street, between Rae Drive to the west and Stevens Avenue to the east; on
either side of Lyndale Avenue, between Highway 62 to the north and either 67th
Street W (along east side) or Lake Shore Drive (along west side) to the south;
and on either side of Nicollet Avenue, between 64th Street to the north and 67th
Street East/AHA Way to the south (as depicted on the “Residential Parking
Reduction Areas” map on file with the Community Development Department).
(Added Bill No. 2025-__)
Subd. 61. "Group housing Multi-building development." A housing development
located on a single lot that consists of two (2) or more buildings, each of which
contains three (3) or more dwelling units. (Amended Bill No. 2025-__)
Subd. 95. "Open space, Outdoor." Lawns and other natural areas and open
courtyards. Open space does not include driveways, parking areas or sidewalks.
(Repealed Bill No. 2025-__)
Subd. 96. "Open space, Usable." Specifically designated open space that is
easily accessible and intended to serve residents and/or employees as well as
visitors. This encompasses various types of open space for passive enjoyment
as well as active use and includes accessible green areas and hard-surfaced
urban plazas, linear pedestrian-oriented greenways, major pedestrian areas,
courtyards, pocket parks and outdoor recreation areas. Usable open space does
not include driveways, parking areas or required landscape setback areas,
unless these are specifically designed for resident, public or customer access
and use. (Amended Bill No. 2025-__)
Subd.142 “Transit Line, Frequently Operating” A bus service route having:
i. Weekday frequency of two (2) runs per hour between 7:00 a.m. and 6:30
p.m.;
ii.Regularly scheduled service weekdays after 6:30 p.m.; and
iii.Some Saturday, Sunday, and holiday service. (Relocated Bill No. 2025-__)
Page 104 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Subd.143 “Transit Line, High Frequency.” A north-south bus service route on an
arterial roadway, having stops with a 15-mintue headway or less. (Added Bill No.
2025-__)
Section 2 Subsection 509.07 “Lot provisions” is amended at to read as follows:
509.07. - Lot provisions.
Subdivision 1. One building and use. Except in the case of planned unit
developments, group housing multi-building developments, and developments in
the Mixed-Use Districts, only one (1) principal building and use may be located
on a lot. This subdivision is not intended to prohibit similar types of uses from
occupying a multi-tenant building if all other requirements of this Code are met.
(Amended Bill No. 2025-__)
Subd. 2 thru 5: unchanged.
Section 3 Subsection 509.11 “Not encroachments” is amended at to read as follows:
509.11. - Not encroachments.
The following shall not be considered as encroachments on setback
requirements in all zoning districts:
a) Principal building cornices, canopies, eaves, gutters, and other similar
features, provided they project not more than 30 inches into a required
yard. In no event shall such features be closer than 24 inches from any lot
line;
b) Principal building chimneys, flues, vents, and other similar features,
provided they project not more than 24 inches into a required yard and
are no more than five (5) feet in width. In no event shall such features be
closer than 30 inches from any lot line;
c) Principal building window wells and bay windows, provided they project
not more than 36 inches into a required yard. In no event shall they be
closer than 24 inches from any lot line; (Amended, Bill No. 2011-13)
d) In required front yards, principal building entry vestibules that extend a
distance of six (6) feet or less, provided such vestibule is not more than
eight (8) feet in width or more than one (1) story in height;
e) In required front yards, principal building balconies that extend a distance
of four (4) feet or less, provided they are seven (7) feet or more above
grade at the front building line;
Page 105 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Balconies attached to principal buildings may project up to four (4) feet
into required front yards and up to three (3) feet into required side and
rear yards, provided such side yards are not adjacent to properties guided
for low-density residential use. These projections are permitted only if the
balcony is located at least seven (7) feet above grade at the building line.
f) In front yards and street side yards, fire escapes attached to the principal
building that extend a distance of four (4) feet, six (6) inches or less;
g) In required front and rear yards, landings, steps, uncovered porches, and
other similar features attached to the principal building that extend a
distance of six (6) feet or less, provided such landing or uncovered porch
does not extend in elevation above the height of the ground floor level,
and in no case shall they be located more than 30 inches off the ground;
a railing enclosure no more than three (3) feet in height may be placed
around such landing or uncovered porch, unless prior approval for a
greater railing height is granted by the Director. In the MR-2 & MR-3
zoning districts, the feature may be covered.
h) In required side yards, uncovered porches attached to the principal
building that extend a distance of three (3) feet or less, provided they are
not more than 30 inches off the ground. In no event shall they be closer
than four (4) feet from any side lot line; and
i) In required side yards, principal building steps, stoops, handicap access
ramps, and other similar features that extend a distance of three (3) feet
or less. In no event shall they be closer than two (2) feet from a side lot
line.
Section 4 Subsection 509.13 “Central air conditioning units” is amended at to read as
follows:
509.13. - Central air conditioning units.
Central air conditioning units shall not be located forward of the front building
line, and shall not be located closer to any side lot line than the minimum side
setback requirement for the principal building.
Central air conditioning (AC) units shall be located in the rear yard
whenever feasible. Placement of AC units in a side yard is permitted only
when rear yard placement is determined to be infeasible by the City
Building Official. In such cases, units may be located in a side yard
provided they are not placed closer to any side lot line than the minimum
side setback requirement for the principal building, minus three (3) feet. AC
units shall not be located in the front yard unless placement in the rear or
side yard is not feasible. In such cases, the unit must be screened from
view by hardscape (e.g., fence or wall) and approved by the Director.
(Amended Bill No. 2025-__)
Page 106 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Section 5 Subsection 512.05 “Permitted, Conditional, Accessory and Prohibited uses in
Residential Districts” is amended at to read as follows:
Land Use R R-1 MR-2 MR-3
Residential
Single-family detached dwellings P P N N
Two-family dwellings P N P N P N
Multifamily dwellings and multi-building developments
(minimum 3 units)
N N P/C P/C
Cluster home developments C N P/C N
Section 6 This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Adopted by the City Council of the City of Richfield, Minnesota this __th day of September,
2025.
____________________
Mary B. Supple, Mayor
ATTEST:
___________________________
Michelle Friedrich, City Clerk
Page 107 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Motion by: XX
Seconded by: XX
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE (APPENDIX B OF THE MUNICIPAL CODE)
TO MODIFY THE “MULTIFAMILY RESIDENTIAL (MR-2)”
ZONING DISTRICT, SECTION 525
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 525.01 “Purposes” is amended to read as follows:
525.01. – Purposes.
The purposes of the MR-2 District regulations are to reserve appropriately
located areas for multifamily dwellings; preserve as many as possible of the
desirable characteristics of the single-family residential district while permitting
higher population densities; provide opportunities for infill cluster housing
development, thereby allowing greater intensities and a wider variety of housing
types; minimize traffic congestion and avoid the overloading of utilities by
preventing the construction of buildings of excessive size (or density) in relation
to the surrounding land, buildings, or infrastructure; and to provide multifamily
residential areas that are safe and attractive.
The purpose of the MR-2 District is to provide for multifamily development that is
diverse and attractive, and to facilitate context-sensitive infill and redevelopment,
by allowing a variety of buildings with multiple units. Characteristics of such
buildings include primary entrances and windows facing onto the street, with
secondary windows facing to the side and adjoining properties, human scaled
architectural elements, and green space that allows for tree canopy, water
filtration, and relaxation. Examples of such building types include stacked
triplexes and fourplexes, townhomes, courtyard cottages, courtyard apartments,
rowhomes, small (low-rise) multifamily buildings, multi-building and cluster home
developments. The district is not intended to allow more than one (1) full-sized
single-family detached unit on a lot (a full-sized home meaning 1,200 square feet
or bigger) or to allow slot homes. (Amended Bill No. 2025-__)
Page 108 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Section 2 Subsection 525.03 “Permitted Uses” is amended to read as follows:
525.03. - Permitted uses.
Subdivision 1. The uses listed in this subsection are permitted uses in the MR-2
District.
Subd. 2. Multifamily dwellings, multi-building developments and (excluding
cluster home developments) with eight (8) 16 or fewer units with administrative
site plan approval; and between 17 and 40 units with full site plan approval.
(Amended, Bill No. 1996-22 & Bill No 2025-__)
Subd. 3. State-licensed day care facility serving 14 or fewer children. Care
facilities located within the MR-2 District shall be subject to the same zoning
regulations as multifamily dwellings in the MR-2 District except that one
nonresident employee shall be permitted in accordance with State requirements.
(Amended, Bill No. 2016-3)
Subd. 4. State-licensed residential care facilities serving up to six (6) persons or
a housing with services establishment registered under M.S. 144D serving up to
six (6) persons. Care facilities located in the MR-2 District shall be subject to the
same zoning regulations as multifamily dwellings in the MR-2 District.
Section 3 Subsection 525.05 “Accessory building and use regulations” is amended to read
as follows:
Subdivision 1. The uses permitted in this subsection are allowable accessory
uses in the MR-2 District.
Subd.2: In addition to the general accessory building provisions of
Subsection 509.09, the following rules apply to accessory buildings in the MR-2
District.
a) The maximum height for accessory buildings shall be 15 feet;
b) For non-garage accessory structures, height is measured from the ground
level to the highest point of the roof. For garages, that measurement is taken
on the side of the building with the vehicle door; and
c) Accessory buildings, including garages:
i. shall not be located in the front or street side yard;
ii. must be set back 15 feet from the street side property line when in the
rear yard;
Page 109 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
iii. must be set back a minimum of 10 five (5) feet from any rear or
interior side lot line, except that if a vehicle access door faces a rear
or interior side lot line, such rear or interior side setback requirement
shall be not less than 20 feet;
iv. shall adhere to the same access requirements as for parking lots
required by Subd.3.b, below.
Subd. 3. Open parking or garages as approved through Site Plan Review
a) Location of parking.
i. Parking is not permitted in the front and street side yards.
ii. Parking is permitted in interior side yards only if the width of the
parking and access drive together does not exceed the width of the
principal building or 60 feet, whichever is less.
iii. Parking is permitted in rear yards and underground locations.
iv. Individual stalls are permitted head-in off an alley.
b) Access to parking.
i. If the parcel is adjacent to an alley, access shall be off the alley.
ii. If the parcel is not adjacent to an alley but is a corner lot or a through
lot, then driveway access shall be off the side street with the lower
functional class as defined by the comprehensive plan. If both
roadways are the same functional class, access may be off of either,
subject to approval of the jurisdictional agency.
iii. If the parcel is not adjacent to an alley nor a corner lot, driveway
access may be from the street.
iv. A driveway existing as of September 9, 2025 that does not meet the
above lot access standards can continue in the same location until the
property is redeveloped. Such driveway may be expanded if it is in
conformance with the City Code.
v. Shared access is highly encouraged but requires a written recorded
agreement with the neighboring property owner.
c) Parking lot setbacks and screening.
Page 110 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
i. Parking lots must be set back 15 feet from the street side property line
and eight (8) feet from all other rights-of-way.
ii. Parking lots must be set back five (5) feet from the side and rear
property lines.
iii. The perimeter planting requirements of 544.03, Subd.7 shall apply to
parking stalls located in interior side yards.
iv. All parking lots adjacent to Low-Density Residential (R), and Single-
Family Residential (R-1), districts must be screened along the side
and rear property lines with a four (4) foot-tall privacy fence, solid
evergreen hedge, architecturally compatible opaque wall, or a
combination of these, unless an alley is present, or the adjacent
property owner provides a written waiver.
(Amended Bill No. 2025-__)
Section 4 Subsection 525.07 “Conditional Uses” is revised at the following subdivisions to
read as follows; all other subdivisions to remain unchanged, except for being
renumbered accordingly:
525.07. - Conditional uses.
Subd. 2. Multifamily dwellings, multi-building developments and cluster home
developments with 9 to 25 units more than 40 units (Amended Bill No. 2025-__).
Subd. 3. Cluster home developments provided that the following conditions are
met:
a) The design of the development shall be in harmony with the
surrounding neighborhood in terms of building materials, architectural
design, scale and mass of the structure, or other similar urban design
characteristics;
b) Two off-street parking spaces, at least one of which must be enclosed
in a garage, shall be provided for each dwelling unit; (Added, Bill No.
2002-11,
c) The number and location of driveways and curb cuts shall minimize
conflict with vehicular traffic and should not adversely impact adjacent
land uses;
Page 111 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
d) The density of the development shall not exceed the density
recommended in the comprehensive plan. (Added, Bill No. 1996-22,
Repealed Bill No. 2025-__)
Section 5 Subsection 525.11 “Dimensional and parking regulations” is amended to read as
follows:
Subsection 525.11. - Dimensional and parking regulations for multifamily
structures (excluding cluster home developments). (Amended Bill No. 2025-__).
Subdivision 1. The standards set out in this subsection apply in the MR-2 District.
Minimum lot
size
15,000 sq. ft. 6,000 sq. ft.
Minimum lot
width
75 feet 50 feet
a) Efficiency: 400 square feet per unit.
b) One bedroom: 550 square feet per unit.
c) Two bedroom: 750 square feet per unit.
Minimum
floor area
d) More than two bedrooms: add 150 square feet per
bedroom to that required for a two bedroom dwelling unit.
Maximum
building
height
35 feet 3 stories or 36 feet, whichever is less
Maximum lot
coverage
(principal
structures)
30% 45%
a) Two or fewer bedrooms: 325 square feet minimum per
dwelling unit.
b) Three or more bedrooms: 425 square feet minimum per
dwelling unit.
c) Balconies and porches with at least 70 square feet and
seven feet in width which are directly accessible by individual
dwelling units may be counted as contributing 175 square feet
to the outdoor open space requirements listed above.
Outdoor
Minimum
Useable
open space
requirements
1, 2
10% of gross parcel area
a) Front: 30 feet. 15 feet
b) Side:
i) Interior: the height of building or 20 feet, whichever is
greater. 5 feet
ii) Street Side: 15 feet
ii) iii) Adjacent to Park: 15 feet
Minimum
setbacks
c) Rear: the height of building or 25 feet, whichever is greater
20 feet
Page 112 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Maximum
impervious
surface
coverage
70%
1 Unit-specific open spaces, such as balconies and porches, may not count for
more than 50% of the overall usable open space requirement.
2 Impervious surface coverages, such as rooftop amenities and patios, may not
count for more than 25% of the usable open space requirement. Shared rooftop
amenities that are a green roof may be exempt from this limit, subject to review
and approval by the City Engineer and Sustainability Coordinator.
(Amended Bill No. 2025-__)
Subd. 2. Minimum Parking for multifamily structures (excluding cluster home
developments).
a) A minimum of 1.25 off-street parking spaces shall be provided for
each dwelling unit. The Council may reduce the parking requirement
for senior housing complexes, or other similarly low-driving
populations, including but not limited to, households earning below 60
percent AMI, people who are neuro-diverse, and/or people with
disabilities. (Amended Bill No. 2024-08)
b) A minimum of half (0.5) an off-street parking stall shall be provided
per unit for residential buildings that are 40 units or less and are
located within one block* along either side of a High Frequency
Transit Line.
* One (1) block refers to the distance to the next north-south street, or to
the point where the next street would intersect if it were extended
through (as depicted on the “Residential Parking Reduction Areas” map
on file with the Community Development Department).
(Added Bill No. 2025-__)
Section 6 Subsection 525.13 “Dimensional and parking regulations for cluster home
developments” is repealed in its entirety:
Subsection 525.13 - Dimensional and parking regulations for cluster home
developments. (Repealed Bill No. 2025-__)
Subdivision 1. The standards set out in this subsection apply to cluster home
developments in the MR-2 District
Page 113 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
a) Three-unit structure in area not
designated as "High Density Single-
Family Residential" in the city's
comprehensive plan: 3,500 square
feet per unit.
b) Four-unit structure in area not
designated as "High Density Single-
Family Residential" in the city's
comprehensive plan: 3,000 square
feet per unit.
c) Three- or four-unit structure in area
designated as "High Density Single-
Family Residential" in the city's
comprehensive plan: 2,900 square
feet per unit.
Minimum lot area
d) Five or more unit structure: 2,500
square feet per unit. (Amended, Bill
No. 2002-11)
Minimum lot width 60 feet.
a) One bedroom: 650 square feet per
unit.
b) Two bedroom: 850 square feet per
unit.
Minimum floor area
c) Three or more bedrooms: 1,000
square feet per unit.
Maximum building height 35 feet.
Maximum lot coverage 35 percent.
a) Two or fewer bedrooms: 325
square feet minimum per dwelling
unit.
Outdoor open space requirements
b) Three or more bedrooms: 425
square feet minimum per dwelling
unit.
Page 114 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
c) Balconies, porches and decks with
at least 70 square feet in area and six
feet in width which are directly
accessible by individual dwelling units
may be counted as contributing 70
square feet to the outdoor open space
requirements listed above
Subd. 2. Setback requirements for cluster home developments (in feet).
Use Front Rear Interior Side Street Side
Cluster home
developments
in R-SFH
guided area
(but see
Subd. 3)
10 25 10 15
Cluster home
developments
in non-R-SFH
guided area.
(but see
Subd. 3)
30 25 20 30
Subd. 3. Setback reductions. the setback requirements for cluster home
developments may be reduced to 25 feet in the front, 5 feet for the side interior
and 12 feet in the rear if the following criteria are met:
a) The applicant can demonstrate that a superior design is achieved
through the reduced setback. Evidence of a superior design may include
but is not limited to the preservation of a natural feature, creation of an
amenity, creation of public open space, or incorporation of special
features to meet the needs of the target population;
b) The reduced setback does not adversely affect the surrounding
neighborhood in terms of a decrease in privacy, noise, overcrowding, or
other similar impacts;
Page 115 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
c) The impact of the reduced setback is minimized through the presence
of features such as landscaping or other means of buffering, a limited
number of building openings in the portion of the structure that infringes
upon the setback, building orientation, minimized garage door
dominance, or other similar features.
Subd. 4. Minimum parking for cluster home developments. Two off-street parking
spaces, at least one of which shall be in a garage, shall be provided for each
dwelling unit. The Council, at its discretion, may reduce the minimum required
parking to not less than 1.5 parking spaces per unit after consideration of factors
including but not limited to the present or future availability of transit services,
shared parking, pedestrian orientation, and occupancy characteristics. In
addition, the Council may further reduce the parking requirement for projects
designed to serve seniors. (Amended, Bill No. 1996-22)
Section 7 Subsection 525.17 “Additional Regulations” is amended at to read as follows:
525.17. – Additional regulations.
Subdivision 1. [Generally.] Developments shall be constructed and maintained in
accordance with the standards set out in this subsection.
Subd. 2. Limit to number of efficiency units. No more than 20 percent of the
dwelling units in any one building shall be efficiency dwelling units. Sidewalks are
required along all sides of a lot that abut a public street, design subject to
Subsection 500.21, Subd.6.
Subd. 3. Performance standards of Section 544. Developments shall be
constructed and maintained in accordance with the applicable performance
standards set out in Section 544 of this Code, unless they conflict with the
standards in this section, then this section shall prevail.
Subd. 4. Design or overlay districts. All property located within a design district or
corridor overlay district shall be subject to such district's additional requirements
and/or modifications. When in conflict herewith, the overlay district shall prevail.
(Amended Bill No. 2025-__)
Section 8 This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
VOTING AYE VOTING NAY
Page 116 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Adopted by the City Council of the City of Richfield, Minnesota this _th day of September, 2025.
____________________
Mary B. Supple, Mayor
ATTEST:
___________________________
Michelle Friedrich, City Clerk
Page 117 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Motion by: XX
Seconded by: XX
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE (APPENDIX B OF THE MUNICIPAL CODE)
TO MODIFY THE “HIGH-DENSITY RESIDENTIAL (MR-3)”
ZONING DISTRICT, SECTION 527
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 527.01 “Purposes” is amended at to read as follows:
527.01. – Purposes.
The purposes of the MR-3 District regulations are to reserve appropriately
located areas for family living in a variety of types of dwellings at a reasonable
range of population densities; preserve as many as possible of the desirable
characteristics of the single-family district, while permitting higher population
densities; provide space for semi-public facilities needed to complement urban
residential areas and space for institutions that require a residential environment;
minimize traffic congestion and avoid the overloading of utilities by preventing the
construction of buildings of excessive size in relation to the surrounding
infrastructure; and to provide multifamily residential areas that are safe and
attractive.
The purpose of the MR-3 District is to provide for multifamily development that is
diverse and attractive, and to facilitate context-sensitive infill and redevelopment,
by allowing a variety of buildings with multiple units. Characteristics of such
buildings include primary entrances and windows facing onto the street, with
secondary windows facing to the side and adjoining properties, human scaled
architectural elements, and green space that allows for tree canopy, water
filtration, and relaxation. Examples of such building types include multiplexes,
townhomes, courtyard apartments, rowhomes, mid-rise apartments and multi-
building developments. The district is not intended to allow slot homes.
(Amended Bill No. 2025-__)
Section 2 Subsection 527.03 “Permitted Uses” is amended at to read as follows:
527.03. - Permitted uses.
Subdivision 1. The uses listed in this subsection are permitted uses in the MR-3
District.
Subd. 2. Multifamily dwellings and multi-building developments with 20 32 or
fewer units, with administrative site plan approval; and between 33 and 100 units
with full site plan approval. (Amended Bill No 2025-__)
Page 118 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Subd. 3. State-licensed day care facility serving 14 or fewer children. Care
facilities located within the MR-3 District shall be subject to the same zoning
regulations as multifamily dwellings in the MR-3 District except that one
nonresident employee shall be permitted in accordance with State requirements.
(Amended, Bill No. 2016-3)
Subd. 4. State-licensed residential care facilities serving up to six (6) persons or
a housing with services establishment registered under M.S. 144D serving up to
six (6) persons. Care facilities located in the MR-3 District shall be subject to the
same zoning regulations as multifamily dwellings in the MR-3 District.
Section 3 Subsection 527.05 “Accessory building and use regulations” is amended to read
as follows:
Subdivision 1. The uses permitted in this subsection are allowable accessory
uses in the MR-3 District.
Subd.2: In addition to the general accessory building provisions of
Subsection 509.09, the following rules apply to accessory buildings in the MR-3
District:
a) The maximum height for accessory buildings shall be 15 feet;
b) For non-garage accessory structures, height is measured from the ground
level to the highest point of the roof. For garages, that measurement is taken
on the side of the building with the vehicle door; and
c) Accessory buildings, including garages:
i. shall not be located in the front or street side yard;
ii. must be set back 15 feet from the street side property line when in the
rear yard;
iii. must be set back a minimum of 10 five (5) feet from any rear or
interior side lot line, except that if a vehicle access door faces a rear
or interior side lot line, such rear or interior side setback requirement
shall be not less than 20 feet; and
iv. shall adhere to the same access requirements as for parking lots
required by Subd.3.b, below.
Subd. 3. Open parking or garages as approved through Site Plan Review
a) Location of parking.
i. Parking is not permitted in the front and street side yards.
Page 119 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
ii. Parking is permitted in interior side yards only if the width of the
parking and access drive together does not exceed the width of the
principal building or 60 feet, whichever is less.
iii. Parking is permitted in rear yards and underground locations.
iv. Individual stalls are permitted head-in off an alley.
b) Access to parking.
i. If the parcel is adjacent to an alley, access shall be off the alley.
ii. If the parcel is not adjacent to an alley, but is a corner lot or a through
lot, then driveway access shall be off the side street with the lower
functional class as defined by the comprehensive plan. If both
roadways are the same functional class, access may be off of either,
subject to approval of the jurisdictional agency.
iii. If the parcel is not adjacent to an alley nor a corner lot, driveway
access may be from the street.
iv. A driveway existing as of September 9, 2025 that does not meet the
above lot access standards can continue in the same location until the
property is redeveloped. Such driveway may be expanded if it is in
conformance with the City Code.
v. Shared access is highly encouraged but requires a written recorded
agreement with the neighboring property owner.
c) Parking lot setbacks and screening.
i. Parking lots must be set back 15 feet from the street side property line
and eight (8) feet from all other rights-of-way.
ii. Parking lots must be set back five (5) feet from the side and rear
property lines.
iii. The perimeter planting requirements of 544.03, Subd. 7 shall apply to
parking stalls located in interior side yards.
iv. All parking lots adjacent to Low-Density Residential, (R) and Single-
Family Residential (R-1), Districts must be screened along the side
and rear property lines with a four (4) foot-tall privacy fence, solid
evergreen hedge, architecturally compatible opaque wall, or a
combination of these, unless an alley is present, or the adjacent
property owner provides a written waiver.
Page 120 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
(Amended Bill No. 2025-__)
Section 4 Subsection 527.07 “Conditional Uses” is amended at to read as follows:
527.07. - Conditional uses.
Subdivision 1. The uses listed in this subsection are conditional uses in the MR-3
District, and are subject to the conditional use permit provisions outlined in
Section 547.09 of this Code.
Subd. 2. Multifamily dwellings and multi-building developments with more than 20
100 units. (Amended Bill No 2025-__)
Subd. 3 thru 12: unchanged.
Section 5 Subsection 527.11 Dimensional and parking regulations” is revised at the
following subdivisions to read as follows; all other subdivisions to remain
unchanged, except for being renumbered accordingly:
527.11. - Dimensional and parking regulations for multiple-family structures.
(Amended Bill No 2025-__)
Subdivision 1. The standards set out in this subsection apply in the MR-3 District.
Minimum lot
size
60,000 sq. ft. 6,000 sq. ft.
Minimum lot
width
150 feet 50 feet
a) Efficiency: 400 square feet per unit.
b) One bedroom: 550 square feet per unit.
c) Two bedroom: 750 square feet per unit.
Minimum
floor area
d) More than two bedrooms: add 150 square feet per
bedroom to that required for a two bedroom dwelling unit.
Maximum
building
height
a) 50 feet 5 stories, or 60 feet, whichever is less.
b) Proximity to Transit Stations: Buildings within one (1)
block of either side of a High Frequency Transit Line* or
within the Expanded Lyndale & 66th Area may extend
up to six (6) stories or 72 feet, whichever is less.
Page 121 of 187
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County of Hennepin
State of Minnesota
BILL NO. 2025-XX
c) When more than four (4) stories: Floors above the third
floor shall be stepped back a minimum of 15 feet when
adjacent to public streets and public land.
d) Transition Zones: Where a high-density residential zone
abuts the south side of a Low Density Residential
District (R or R-1), the height of buildings within 50 feet
of the boundary shall not exceed three (3) stories or 36
feet, whichever is less, in order to maintain a gradual
transition.
Maximum lot
coverage
(principal
structures)
30% 55%
a) Two or fewer bedrooms: 325 square feet minimum per
dwelling unit.
b) Three or more bedrooms: 425 square feet minimum per
dwelling unit.
c) Balconies and porches with at least 70 square feet and
seven feet in width which are directly accessible by individual
dwelling units may be counted as contributing 175 square feet
to the outdoor open space requirements listed above.
Outdoor
Minimum
useable
open space
requirements
1, 2
15% of gross parcel area
a) Front: 30 feet. 15 feet
b) Side:
i) Interior: the height of building or 20 feet, whichever is
greater. 8 feet
ii) Street Side: 15 feet.
ii) iii) Adjacent to a park: 15 feet.
Minimum
setbacks
c) Rear: the height of building or 25 feet, whichever is greater
20 feet
Maximum
impervious
surface
coverage
75%
* One (1) block refers to the distance to the next north-south street, or to the
point where the next street would intersect if it were extended through (as
depicted on the “Residential Parking Reduction Areas” map on file with the
Community Development Department).
1 Unit-specific open spaces, such as balconies and porches, may not count for
more than 50% of the overall usable open space requirement.
2 Impervious surface coverages, such as rooftop amenities and patios, may not
count for more than 25% of the usable open space requirement. Shared rooftop
Page 122 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
amenities that are a green roof may be exempt from this limit, subject to review
and approval by the City Engineer and Sustainability Coordinator.
(Amended Bill No. 2025-__)
Subd. 2. Minimum parking.
a. A minimum of 1.25 off-street parking spaces shall be provided for each
dwelling unit. The Council may reduce the parking requirement for senior
housing complexes or other similarly low-driving populations, including
but not limited to, households earning below 60 percent AMI, people who
are neuro-diverse, and/or people with disabilities. (Amended, Bill No.
2011-19; & Bill No. 2024-08, & Bill No. 2024-12)
b. A minimum of half (0.5) an off-street parking stall shall be provided per
unit for residential buildings that are 40 units or less and are located
within one block* along either side of a High Frequency Transit Line.
* One (1) block refers to the distance to the next north-south street, or to
the point where the next street would intersect if it were extended
through (as depicted on the “Residential Parking Reduction Areas” map
on file with the Community Development Department).
(Added Bill No. 2025-__)
Section 6 Subsection 527.15 “Additional Regulations” is revised at the following
subdivisions to read as follows; all other subdivisions to remain unchanged,
except for being renumbered accordingly:
527.15. - Additional regulations.
Subdivision 1. [Generally.] Developments shall be constructed and maintained in
accordance with the standards set out in this subsection.
Subd. 2. Limit to number of efficiency units. No more than 25 percent of the
dwelling units in any one (1) building shall be efficiency dwelling units. Sidewalks
are required along all sides of a lot that abut a public street, design subject to
Subsection 500.21, Subd.6.
Subd. 3. Performance standards of Section 544. Developments shall be
constructed and maintained in accordance with the applicable performance
standards set out in Section 544 of this Code, unless they conflict with the
standards in this section, then this section shall prevail.
Subd. 4. Design or overlay districts. All property located within a design district or
corridor overlay district shall be subject to such district's additional requirements
Page 123 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
and/or modifications. When in conflict herewith, the overlay district shall prevail.
(Amended Bill No 2025-__)
Section 7 This ordinance is effective in accordance with Section 3.09 of Richfield City
Charter.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Adopted by the City Council of the City of Richfield, Minnesota this __th day of September,
2025.
____________________
Mary B. Supple, Mayor
ATTEST:
___________________________
Michelle Friedrich, City Clerk
Page 124 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Motion by: XX
Seconded by: XX
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE (APPENDIX B OF THE MUNICIPAL CODE)
TO MODIFY SUBSECTION 541.25
“VETERANS PARK AREA (VPA) OVERLAY DISTRICT”
WITH CHANGES RELATED TO MR-2/MR-3 ZONING CODE UPDATES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 541.25. - Veterans Park Area (VPA) Overlay District is amended at
the following subsections to read as follows:
Subdivision 1 thru 3: unchanged.
Subd. 4. Bulk and dimensional standards. All bulk and dimensional standards
applicable in the underlying districts, as found in Subsections 525.11 (MR-
2), 527.11 (MR-3), and 534.11 (C-2) of this Code, shall apply in the VPA Overlay
District with the following additions, qualifications, and/or exceptions:
a) MR-2 in the VPA Overlay District:
• Front yard setback: The minimum front yard setback shall be 10
feet and the maximum shall be 25 feet along.
• Parking shall be located in the rear and/or side yards of the
building.
b) MR-3 in the VPA Overlay District:
• Building height: The principal building heights shall be a minimum
of 20 feet and up to a maximum of 55 feet or five (5) stories,
whichever is less.
• Building heights shall be measured from the building
footprint's average ground level elevation.
• Floors above the third floor shall be stepped back a
minimum of 15 feet when adjacent to public streets and
public land. Step backs may be adjusted depending on
specific site conditions and building placements, subject to
approval by the Council.
• Maximum building coverage: 40 percent.
Page 125 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
• Setbacks:
Front: The minimum setback shall be 15 feet, and
the maximum shall be 25 feet.
Side 1: Interior: The minimum setback shall be the
height of the building or 30 feet, whichever is
greater.
Street: The minimum setback shall be 40
feet.
Rear 1: The minimum setback shall be the height of
the building or 35 feet, whichever is greater.
1. When adjacent to Veterans Memorial Park, the required rear and
side yard setbacks shall prioritize greenspace and landscaping as a
transition/buffer to the Park.
(Amended Bill No 2025-__)
c) C-2 in the VPA Overlay District:
• Front yard setback: The minimum front yard setback shall be 15
feet and the maximum shall be 25 feet.
• Rear and side yard setbacks: When adjacent to Veterans
Memorial Park, the required rear and side yard setbacks shall
prioritize greenspace and landscaping as a transition/buffer to the
Park.
• Parking shall be located in the rear and/or side yards of the
building.
Subdivision 5 unchanged.
Section 2 This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Page 126 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Adopted by the City Council of the City of Richfield, Minnesota this __th day of September,
2025.
____________________
Mary B. Supple, Mayor
ATTEST:
___________________________
Michelle Friedrich, City Clerk
Page 127 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Motion by: XX
Seconded by: XX
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE - APPENDIX B OF THE MUNICIPAL CODE
TO MODIFY “GENERAL BUILDING AND PERFORMANCE STANDARDS”,
SECTION 544, WITH CHANGES RELATED TO THE MR-2/MR-3 CODE UPATES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 544.03. “Landscaping and screening requirements” is amended to
read as follows:
544.03. - Landscaping and screening requirements.
Subdivision 1 thru 4: unchanged
Subd. 5. Residential sites. Residential sites shall be landscaped to improve the
livability, beauty and value of housing; to screen and mitigate views of large
parking areas; to reduce the effect of traffic noise; to provide shade; and to help
protect water quality.
a) Quantities. These requirements are in addition to any plantings in the public
street right-of-way whether installed by the land developer or the City.
Single- and Two-
Family Dwellings
Multiple-Family
Dwelling
Overstory deciduous
trees
1 per dwelling unit 3 to 6 units:
1 tree per dwelling
unit
More than 6 units:
0.5 trees per dwelling unit.
Coniferous trees May be substituted on a one-for-one basis for the overstory deciduous trees.
Ornamental
deciduous trees
1 per dwelling unit None required. May be substituted on a 1.5-
for-one basis for a max of 25%
of the overstories planted on
site.
Understory shrubs Foundation plantings
are required in all
areas visible from the
public street.
Foundation plantings
are required in all
areas visible areas
from the public right-
of-way.
(Amended Bill No. 2025-__)
Page 128 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
b) Commercial edges. The density and initial size of plantings shall be increased
along nonresidential edges and may be combined with berms, walls and
fences to achieve the objective of protecting the values, quietude and privacy
of the housing. Landscaping on the adjacent nonresidential property may not
be substituted for plantings on the residential property.
(Amended Bill No. 2023-1)
Subdivision 6: unchanged
Section 2 Subsection 544.05. “Screening of refuse collection and utilitarian items” is
revised at the following subsections to read as follows; all other subsections to
remain unchanged:
544.05. - Screening of refuse collection and utilitarian items.
Refuse collection, recycling and utilitarian elements shall be designed into the
interior space of buildings, except for residential structures up to eight (8) units.
Buildings of nine (9) to 12 units are also exempt from the internal storage
requirement, but exterior storage must be screened by an enclosure. (Amended
Bill No. 2025-__)
All delivery and loading operations, HVAC equipment, and other utility and
service function shall be grouped and arranged away from the public right-of-way
and fully screened from ground level observation at any point on the property,
adjacent property, or from adjacent right-of-way. Plans for screening enclosures
must be shown on construction plans.
a) Materials. Required screening may be achieved with fences, walls, earth
berms, hedges, two (2) staggered rows of coniferous trees, a dense
deciduous hedge, or other landscape materials. Earth berms shall not
exceed a slope of 3:1 unless specially treated and approved. All walls and
fences shall be architecturally harmonious with the principal building. The
use of wood, in whole or in part, as a screening material for roof-top
equipment shall not be considered as being architecturally compatible
unless the building is constructed with a wood exterior. In cases where
roof-top equipment may be visible from above, the Director will determine
if the equipment must be painted to match the roof.
b) Locations. All required screening or buffering shall be located on the lot
occupied by the use, building, facility, or structure to be screened. No
screening shall be located on any public right-of-way or within eight (8) feet
of the traveled portion of any street or highway.
c) Site improvements or redevelopment consisting of less than a 100 percent
increase in gross floor area where the above requirements are impossible
Page 129 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
to meet based on site constraints as judged by the Director shall conform
to the following requirements:
i. All residential structures with more than three (3) eight (8) units and all
commercial, industrial, and institutional uses shall provide a screening
enclosure for required dumpsters. Such enclosures shall be high enough
to completely screen the dumpster from all property lines; (Amended,
Bill No. 2014-4 & Bill No 2025-__)
ii – v: no change.
Section 3 Subsection 544.07. “Architectural standards” is revised at the following
subdivisions to read as follows; all other subdivisions to remain unchanged,
except for being renumbered accordingly:
544.07. - Architectural standards.
Subdivision 1: unchanged
Subd. 2. Building orientation. Buildings shall be oriented so that at least one (1)
principal entrance faces the public street rather than the interior of the site. On
corner lots where the intersecting streets have different classifications, the
principal entrance shall face the street with the higher classification. Building
entrances shall:
a) Be architecturally emphasized and highly visible from the street; and
b) Utilize design features that protect pedestrians from the rain and sun,
such as awnings, canopies, or porticos;
See also Section 509.07, Subd.5 (Amended Bill No. 2025-__)
Subd. 3. Exterior Materials. The main exterior wall surfaces of all non-residential
structures shall be constructed of wood, brick, stone, cementitious planks (e.g.,
Hardiplank®), glass, architectural concrete textured surfaces or other materials of
high quality as approved by the Director.
The exterior wall surface for all residential structures shall be constructed of
wood, brick, stone, cementitious planks (e.g., Hardiplank®), glass or other
materials of high quality as approved by the Director. Finished metals shall be
used only above the ground floor and shall not exceed 40 percent of any exterior
wall surface and may not have a metallic finish.
For both residential and non-residential structures, uUnadorned pre-stressed
concrete panels, standard concrete block and unfinished metal, except naturally
weathering metals such as copper, shall not be permitted as exterior materials
Page 130 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
for buildings. This restriction shall apply to all principal structures and to all
accessory buildings, including parking ramps, except those accessory buildings
not visible from any exterior lot line. (Amended Bill No. 2025-__)
Subdivision 4: unchanged
Subd. 5. Window Treatment.
a) Windows or simulated windows for both residential and non-residential
structures shall at a minimum be used on the ground level of any wall parallel
to or nearly parallel to a street. The use of bars, chains or similar security
devices that are visible from a public street or sidewalk shall be prohibited.
(Amended Bill No. 2025-__)
b) Window requirements for residential structures shall include:
i. Each building wall that faces a public street, public sidewalk or public
pathway, must be comprised of no less than 30 percent windows on the
first floor and no less than 20 percent windows on each floor above the
first floor.
ii. Each building wall that faces any other direction must be comprised of
no less than 15 percent windows on each floor.
iii. False windows are prohibited.
Residential window requirements are not intended to require custom window
sizes or to increase building setbacks to comply with building code. They are
intended to apply in cases when the first floor is used for interior parking.
(Amended Bill No. 2025-__)
Subdivision 6 thru 8: unchanged
Subd. 9. Color. No residential structure may display more than ten (10) percent
of any elevation surface in bright, high intensity or pure tone primary or
secondary colors. No fluorescent or neon colors shall be used on any exterior
elevation surface. City-approved murals are exempt from this limitation. (Added
Bill No. 2025-__)
Subd. 10. Blank Walls. Residential building elevations shall consistently
incorporate elements that relate to the human scale. No wall shall be
uninterrupted for more than 25 feet in length as calculated per floor. Interruptions
may include doors and windows, projections, recessions, awnings and canopies,
decorative ornamentation or other architectural elements. This requirement may
also be addressed through art installation or living walls, subject to approval by
the Director. (Added Bill No. 2025-__)
Page 131 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Subd. 11. Building Mass. No residential building wall shall exceed 200 feet in
length. Every residential building wall length that exceeds the height of the
building shall incorporate full height offsets spaced at intervals equal to or less
than the building height. The offset shall be a minimum of one (1) foot in depth
and width per story of building height. An offset can be a projection or recess.
Building walls under 36 feet in length are exempt from this standard. (Added Bill
No. 2025-__)
Section 4 Subsection 544.09. “Exterior lighting” is revised at the following subdivisions to
read as follows; all other subdivisions to remain unchanged:
Subdivision 1. L Except decorative fixtures per Subd. 4, 8 and 11, all lighting
shall be downcast. All lighting shall be designed and arranged to restrict direct
illumination and glare onto abutting parcels.
Subdivisions 2 thru 3: unchanged
Subd. 4. Direct off-site views of the light source shall not be permitted except for
globe and/or ornamental light fixtures. Globe and ornamental fixtures shall only
be used if the developer can demonstrate that off-site impacts stemming from
direct views of the bulb are mitigated by the fixture design and/or location.
Subd. 5 and 6: unchanged
Subd. 7. Poles in non-residential parking lots shall have a maximum height of 24
feet measured from finished grade. Poles in residential parking lots shall have a
maximum height of 12 feet measured from finished grade. (Amended Bill No.
2025-__)
Subd. 8. Lighting fixtures mounted directly on structures shall be permitted when
utilized to enhance specific architectural elements or to help establish scale or
provide visual interest, except as otherwise noted in Subdivisions 9 and 10.
(Amended, Bill 2009-1)
Subd. 9. "Wall paks" shall be permitted only in loading and service areas and
shall be down-lit. (Amended, Bill 2009-1)
Subd. 10. Shielded illuminators or fixtures shall be permitted to light building
mounted signage, building facades, or pedestrian arcades if they are integrated
into a building's architectural design.
Subd. 11. Lighting should highlight entrances, art, terraces and special
landscape features.
Page 132 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Subd. 12. If installed, exterior lighting shall meet the functional needs of the use,
without adversely affecting adjacent properties, neighborhoods or public uses, as
determined by the City. Specific requirements are listed below; however, the City
reserves the right to adjust these requirements based on concerns regarding
safety, security and/or impacts on surrounding properties. Illumination
measurements shall be taken by positioning the meter horizontally at ground
level. (Amended, Bill 2009-1)
Open-air parking lots (including the roof level of multi-level parking structures):
Minimum: 0.2 fc
Maximum: 4.0 fc
Minimum uniformity ratio: 20:1
Primary building entrances/exits:
Multifamily Residential:
Minimum: 5.0 fc within five (5) feet of the entrance/exit
Maximum: Eight (8) foot-candles within five (5) feet of the
entrance/exit. (Amended Bill No. 2025-__)
Commercial/Industrial:
Minimum: 10.0 fc within five (5) feet of the entrance/exit
Subd. 13. Site lighting should provide consistent levels of illumination, avoiding
pockets of very high or low levels of illumination.
Subd. 14. All residential fixtures:
a. Must be dark sky complaint, except decorative fixtures per Subd. 4, 8 and
11, above; and
b. Must not exceed 3,000 Kelvin.
(Added Bill No. 2025-__)
Section 5 Subsection 544.13. “Vehicle parking and loading requirements” is revised at the
following subdivisions to read as follows; all other subdivisions to remain
unchanged:
Subsection 544.13. - Vehicle parking and loading requirements.
Page 133 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Subdivisions 1 thru 4: unchanged
Subd. 5. Parking Lot Setbacks. Unless otherwise noted elsewhere, parking lots
shall be set back in accordance with the following: (Amended, Bill No. 2011-19)
a) Parking lots must be set back eight (8) feet from the right-of-way,
b) Parking lots must be set back five (5) feet from adjacent commercial,
multifamily residential and mixed use property. (Amended, Bill No. 2011-
13; 2011-19)
c) Parking lots must be set back 15 feet from adjacent single-family and
two-family residential property with appropriate screening as required by
Subsection 544.03 Subd. 5 for residential sites or Subd. 6 for commercial.
(Amended, Bill No. 2011-19)
Subd. 6. Number of off-street spaces required. Off-street parking spaces shall be
provided according to the following minimum standards. Parking for land uses
not listed below shall be regulated according to the most similar use and/or
authoritative sources as determined by the City Planner.
No changes to the minimum number of off-street parking spaces required for
commercial uses.
1. Adjacent on-street parking may be counted toward the parking requirements for
triplex and fourplex residential uses if the following conditions are met:
a) The roadway width, measured from back of curb to back of curb, is at
least 36 feet;
b) The site includes sufficient driveway space to accommodate the full
parking requirement on-site during snow events (e.g., tandem parking in
driveways); and,
RESIDENTIAL USES
Single and Two Family For R "Low Density Residential" zones,
see Section 514.15, Subd.4 For R-1
"Single Family Residential" zones, see
Section 518.15, Subd.3
Multifamily Dwelling 1 1.25 per unit.
Group home (state licensed residential
facility)
2 per 5 beds offered for residence
purposes.
Nursing or convalescent home 5 plus one (1) per 5 beds offered for
residence purposes.
Expanded 66th/Lyndale Area A minimum of 0.5 off-street parking stalls
shall be provided for the first 40 units in a
residential building.
Page 134 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
c) The applicant agrees to notify future residents, through lease or sale
agreements, of snow emergency requirements mandating off-street
vehicle relocation prior to occupancy.
(Amended Bill No. 2025-__)
No changes to the minimum number of off-street parking spaces required for
Institutional/Public uses.
Subdivision 7 “Electric vehicle charger requirements” is revised as follows:
a) thru c) unchanged.
d) Minimum number of electric vehicle chargers required by land use are as
follows:
USE INSTALLED EV
CHARGING
STATIONS*
EV-READY
SPACES*
ADDITIONAL
REQUIREMENTS
Residential
uses with up to
3 units six (6)
parking spaces
At least one (1)
space shall support
L1 charging.
Residential
uses with 4
seven (7) to 14
units 20 parking
spaces
Ten (10) percent of
parking spaces
shall support L1
charging.
Two (2) spaces capable of
L2 or L3 charging. A
minimum of 50 percent of
remaining spaces capable
of L1 charging.
Residential
uses with 21 15
units or more
parking spaces
Ten (10) percent of
parking spaces
shall support L2
charging.
Twenty (20) percent of
spaces capable of L2 or
L3 charging. A minimum of
50 percent of remaining
spaces capable of L1
charging.
At least one ADA
parking space shall
have access to an
installed EV charger.
Non-residential
uses with up to
20 spaces
One (1) space
shall support L2 or
L3 charging
Ten (10) percent of
spaces capable of L2 or
L3 charging.
Page 135 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
USE INSTALLED EV
CHARGING
STATIONS*
EV-READY
SPACES*
ADDITIONAL
REQUIREMENTS
Non-residential
uses with 21 or
more off-street
parking spaces
Five (5) percent of
parking spaces
shall support L2 or
L3 charging.
Twenty (20) percent of
spaces capable of L2
charging. At least one (1)
space capable of L3
charging.
At least one ADA
parking space shall
have access to an EV
charger.
*If calculation results in a fraction, the next higher whole number shall be used,traditional rounding
applies, unless the result is zero (0), then at least one (1) is required.
e) Thisese numbers may be reduced by the Director if proof can be provided
that such spaces will not be used.
(Added, Bill No. 2022-3; Amended, Bill No. 2022-14, (Amended Bill No. 2025-__)
Subdivisions 8 thru 14: unchanged
Section 6 Subsection 544.23. “Solar access protection” is revised to read as follows:
No building shall be so tall that its shadow is cast across more than 50 percent of
land used guided for a single-family or two-family building between the hours of
9:00 a.m. and 3:00 p.m. on any day of the year. The Council may make
exceptions to this requirement if the applicant can prove to the Council's
satisfaction that measures have been taken to mitigate this solar access
requirement, which measures may include but are not limited to obtaining the
consent of the affected property owner(s).
Section 7 This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Adopted by the City Council of the City of Richfield, Minnesota this __th day of September,
2025.
Page 136 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
____________________
Mary B. Supple, Mayor
ATTEST:
___________________________
Michelle Friedrich, City Clerk
Page 137 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Motion by: XX
Seconded by: XX
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE (APPENDIX B OF THE MUNICIPAL CODE)
TO MODIFY “ADMINISTRATION”, SECTION 547,
TO ALLOW ADMINISTRATIVE APPROVALS ASSOCIATED
WITH CHANGES RELATED TO THE MR-2/MR-3 CODE UPATES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 547.11 “Variances” is amended at to read as follows:
547.11. – Variances.
Subdivision 1. Limitations. The following limitations apply to variances:
a) A variance may be granted from the literal provisions of this Code only
when all of the following criteria are found to exist:
i. The applicant establishes that there are practical difficulties
in complying with the official control. "Practical difficulties,"
as used in connection with the granting of a variance,
means that the property owner proposes to use the
property in a reasonable manner not permitted by an
official control. Economic considerations alone do not
constitute practical difficulties. Practical difficulties include,
but are not limited to, inadequate access to direct sunlight
for solar energy systems;
ii. Unusual or unique circumstances apply to the property
which do not apply generally to other properties in the
same zone or vicinity, and such circumstances were not
created by any persons presently having an interest in the
property;
iii. The variance, if granted, would not alter the character of
the neighborhood. The completed project would not impair
an adequate supply of light and air to adjacent properties,
or substantially increase the congestion of public streets,
or increase the danger of fire, or endanger the public
safety, or substantially diminish property values, or have a
detrimental or injurious impact on surrounding properties;
and
Page 138 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
iv. The variance requested is the minimum variance that
would alleviate the practical difficulty.
v. The variance requested will not alter the essential
character of the locality.
vi. The variance requested is in harmony with the general
purpose and intent of the ordinance and consistent with
the comprehensive plan.
b) Variances may not be granted for uses that are not allowed in the
zoning district where the subject property is located.
c) Conditions may be imposed in the granting of variances. Such
conditions must be directly related to and must bear a rough
proportionality to the impact created by the variances.
d) The Director may administratively approve a deviation of up to ten
percent (10%) from any dimensional standard without requiring a
variance, provided that:
i. The deviation arises from a unique or practical difficulty that
prevents full compliance with the standard;
ii. The deviation does not compromise the intent or purpose of
the zoning regulation, and is found to be in harmony with the
criteria listed above.
(Amended Bill No. 2025-__)
Section 2 Subsection 547.13 “Site Plan Approval” is revised at the following subdivisions to
read as follows; all other subdivisions to remain unchanged:
547.13. – Site plan approval.
Subdivision 1: unchanged
Subd. 2. Approval required. It shall be unlawful to do any of the following without
first obtaining site plan approval:
a) Construct a building;
b) Move a building to any lot within the City;
Page 139 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
c) Expand or change the use of a building or lot or modify a building, accessory
structure, or site or land feature (See Subd.11 for amendments to previously
approved plans); and (Amended, Bill No. 2011-17)
d) Take actions to prepare a lot for development, including grading or removing
or adding soils to a site, except in conformance with a permit or an approved plan
which complies with the City's comprehensive surface water management plan or
has received a variance from the appropriate water management organization as
necessary. (Amended, Bill No. 1998-2)
Subd. 3. Administrative site plan approval. Administrative approval of a site plan
may be granted by the Director for certain uses listed in this code, subject to the
following:
a) The application requirements (Subd. 4), general criteria and standards
(Subd. 8), and the terms of approval (Subd. 9) shall all apply. The
Director may impose conditions upon the approval to promote the intent
of the code, protect adjacent properties, or to bring nonconforming site
improvements into conformance according to Subsection 509.25 of the
code.
b) Notifications for Administratively Approved Residential Projects.
i. Timing of Notice. The building permit holder shall provide written
notice at least 15 business days prior to the start of demolition, or the
start of construction if the site is already vacant.
ii. Recipients of Notice. Notification must be mailed to all property
owners and tenants within 300 feet of the perimeter of the project site.
iii. Content of Notice: The written notice shall include a brief description
of the proposed demolition and construction activities, the name and
contact information of the building permit holder, the project site
address, and a City contact number for questions.
iv. Review of Notice. The notice must be submitted to City staff for review
and approval prior to distribution.
(Repealed, Bill No. 2011-17, Replaced Bill No. 2025-__)
Section 3 This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
VOTING AYE VOTING NAY
Page 140 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Adopted by the City Council of the City of Richfield, Minnesota this __th day of September,
2025.
____________________
Mary B. Supple, Mayor
ATTEST:
___________________________
Michelle Friedrich, City Clerk
Page 141 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Motion by: XX
Seconded by: XX
AN ORDINANCE AMENDING THE RICHFIELD
MUNICIPAL CODE, CHAPTER 13
“TRAFFIC, MOTOR VEHICLES, AND OTHER VEHICLES”
TO REPEAL RESIDENTIAL PARKING PERMITS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 1310 “Parking: Residential permits” is repealed in its entirety:
SECTION 1310. - PARKING: RESIDENTIAL PERMITS (Repealed Bill No. 2025-
__)
1310.01. - Findings: purposes.
The Council finds that streets in certain residential areas are congested because
of heavy residential and non-residential traffic and parking. It is the purpose of
this subsection to stem the flow of commuter traffic from institutional, commercial
and industrial districts into an adjoining residential neighborhood; to reduce air
pollution and other environmental effects of automobile commuting, and to
enhance the quality of life in the residential area by reducing noise, traffic
hazards and litter; to protect the residents from unreasonable burdens in gaining
access to their residences; to preserve the character of the residential district as
such; to promote efficiency in the maintenance of these streets in a clean and
safe condition; to preserve the value of property; to preserve the safety of
children and other pedestrians and traffic safety, and to promote the peace, good
order, comfort, convenience and welfare of the inhabitants of the City. The
provisions of this subsection, providing for parking by permit only, are deemed to
be in furtherance of such objectives.
1310.03. - Zone designation.
The Council shall from time to time by resolution designate certain streets as
"parking by permit only" parking zones, and cause them to be so posted.
Thereafter, no person in charge of any vehicle shall park or permit the vehicle to
be parked on posted streets unless the vehicle bears a permit as provided in this
subsection.
1310.05. - Permits.
Subdivision 1. Types. The City shall cause the following types of permits to be
available at the offices of the Director of Public Safety:
(a) resident permits for residents living on streets designated pursuant to
subsection 1310.03, one (1) for each car, owned or leased, currently
licensed and in operating condition and current use.
(b) visitor permits for each resident household: the number of visitor permits
which a resident household may obtain is determined from time to time by
resolution of the Council.
Page 142 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
Subd. 2. Serial number. Both resident and visitor permits shall bear a serial
number for the resident obtaining the permit. A record of residents who have
permits shall be kept by the City.
Subd. 3. Display. Resident permits shall be displayed in the lower rear corner of
the left side window closest to the rear of the vehicle. Visitor permits shall be
placed on the dashboard or other conspicuous place where they may be easily
seen by law enforcement personnel through the windshield.
Subd. 4. Fee. To cover the costs of administering the permit system, a fee may
be charged for each permit. The amount of such fee is fixed from time to time by
the City Council.
1310.07. - Transfer.
No resident parking permit may be used by or sold or transferred to a person not
living at the address for which the permit was issued in the household of the
person to whom the permit was issued. No visitor permit may be given or sold for
any purpose other than to permit parking by a visitor while actually visiting a
resident.
1310.09. - Service exemption.
This section does not apply to individuals who perform, or vehicles used in the
performance of, commercial services, repairs, or emergency assistance for any
resident, provided that such persons are then performing, or the vehicles are in
fact being used, in such services or assistance. This exemption terminates
immediately upon completion of the service or assistance.
1310.11. - Enforcement.
Except as specifically provided otherwise in this subsection, the general parking
regulations of the City shall be applicable within the areas designated "Parking by
Permit Only".
Section 2 This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Adopted by the City Council of the City of Richfield, Minnesota this __th day of September,
2025.
____________________
Mary B. Supple, Mayor
Page 143 of 187
City of Richfield Month XX, 2025
County of Hennepin
State of Minnesota
BILL NO. 2025-XX
ATTEST:
___________________________
Michelle Friedrich, City Clerk
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Existing & Planned Multifamily Parcels 0 0.2 0.4 0.6 0.80.1 Miles
±
07/24/2025 I:\GIS\Community Development\Staff\Assistant Planner\Ruby\Bus Service & MDR Maps\Bus Service Maps.aprx/MR2 & MR3 Zoned & Guided | Scale: 1:30,500 | Revision Date: 7/24/2025 | Author: RVillaMR-3 High-Density Residential
MR-2 Multifamily Residential MDR Medium Density Residential
HDR High Density Residential
2040 GuidingZoning
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Tier I, High Level - Recommended Standards
If a standard conflicts with an existing overlay district provision, the overlay district provision prevails.
1. Site Area
City Definition: Subd. 68."Lot area." The total horizontal area bounded by the front, side, and rear
lot lines. With respect to planned unit developments only, lot area may include, at the discretion of
the Director, areas of the right-of-way that are improved and integral to the design of the project.
(Amended, Bill No. 2014-4).
Purpose: A minimum lot size dictates how much land is required for different types of
development, ensuring appropriate density and promoting compatible land use.
Medium Density Standard
a) Existing MR-2: 15,000 sf (0.34 acres) min.
b) Proposed: 6,000 sf (0.13 acres) min.
High Density Standard
a) Existing MR-3: 60,000 sf (1.37 acres) min.
b) Proposed: 6,000 sf (0.13 acres) min.
Reasoning: The proposed standards are the same standard as the R zoning district. The goal is to
permit the smallest allowed use (3 units) on a standard-sized lot. This approach minimizes the
need for land assembly, which has been identified as a key obstacle for middle housing.
2. Lot Coverage
City Definition: Subd. 70. "Lot coverage." The total ground area covered by buildings on a lot,
excluding uncovered swimming pools, uncovered porches, or uncovered ground level landings.
Purpose: Lot Coverage limits help to control the ground cover of a project and the intensity of
development in a zoning district.
Medium Density Standard
a) Existing MR-2: 30% max.
b) Proposed: 45% max.
High Density Standard
a) Existing MR-3: 30% max.
b) Proposed: 55% max.
Reasoning: Lot coverage will naturally be limited by parking and impervious surface.
3. Impervious Surface
City Definition: Subd. 63. "Impervious surface." A surface that has been compacted or covered
with a layer of materials so that it is highly resistant to infiltration by water. It includes surfaces
such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs,
sidewalks, parking lots, and other similar surfaces. Open uncovered decks or porches are not
included.
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Propose: Limiting the amount of impervious surface helps regulate infiltration to reduce runoff
and flooding.
Medium Density Standard
a) Existing MR-2: N/A
b) Proposed: 70% max.
High Density Standard
a) Existing MR-3: N/A
b) Proposed: 75% max.
Reasoning: The proposed standards work with the minimum parking requirement. Mixed use
districts provide similar standards for impervious surface and open space requirements.
4. Site Width
City Definition: Subd. 76. “Lot line, front." On an interior lot, the lot line abutting a street; or, on a
corner lot, the shorter lot line abutting a street (or as otherwise designated by the Building
Official); or, on a through lot, the lot lines abutting the streets.
Purpose: A minimum lot width helps ensure that lots are wide enough to accommodate buildings,
driveways, and landscaping, promoting functional and accessible site design.
Medium Density Standard High Density Standard
a) Existing MR-2: 75 feet min. a) Existing MR-3: 150 feet min.
b) Proposed: 50 feet min. b) Proposed: 50 feet min.
Reasoning: The proposed standards are based on the prevalence of existing lots; again, helping to
avoid land assembly, which has been identified as a key obstacle.
5. Building Height
City Definition: Subd. 59. "Height of building." The vertical distance to the highest point of the roof
for flat roofs; to the deck line for mansard roofs; and to the average height between the highest roof
ridge and its associated eaves for gable, hip and gambrel roofs, as measured from the average
elevation of the lot adjoining the front building line.
Purpose: Building height limitations help to prevent overshadowing and to ensure compatibility
with surrounding structures.
Medium Density Standard
a) Existing MR-2: 35 feet max.
b) Proposed: 3 stories, 36 feet max.
Reasoning: Twelve feet per story provides sufficient design flexibility to accommodate up to three
(3) story buildings.
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High Density Standard
a) Existing MR-3: 50 feet max
b) Proposed: Minimum 3 stories; Maximum 5 stories, 60 feet
Additional building height standards include:
• Proximity to Transit Stations: Buildings within one (1) block east or west of a high frequency
transit line or within the expanded Lyndale/66th “Downtown” area (see map) may extend up
to six (6) stories (or 72 feet) to support transit-oriented development.
• When more than four (4) stories: Floors above the third floor shall be stepped back a
minimum of 15 feet when adjacent to public streets and public land. Step backs may be
adjusted depending on specific site conditions and building placements.
• Transition Zones: Where a high-density residential zone abuts the south side of a Low
Density Residential District (R or R-1), or a public park, the height of buildings within 50 feet
of the boundary shall not exceed three (3) stories (or 36 feet) to maintain a gradual
transition. (Simulates an MR-2 height building, for the width of the minimum lot width
requirement, when adjacent to single family, two family, or park.)
• Section 544.23 requires that no building shall be so tall that its shadow is cast across more
than 50% of land used guided for a single-family or two-family building between the hours
of 9:00 a.m. and 3:00 p.m. on any day of the year.
Reasoning: Provides adequate transition between R and MR zoning districts. Minimum height
requirement ensures the efficient use of land and promotes a pedestrian-friendly streetscape.
Maximum height is proportioned between the Medium Density Residential and the Mixed Use
Neighborhood zoning district (which is eight stories max).
6. Setbacks
City Definition: Subd. 116. "Setback." The minimum horizontal distance required between a
building, structure, parking lot or other site improvement and the related front, side or rear lot
lines.
Purpose: Setbacks provide a buffer from property lines, space to accommodate landscaping or
walkways, and to ensure adequate light, ventilation, and privacy for neighboring properties.
Medium Density Standard
Front Setback
a) Existing MR-2: 30 feet min.
b) Proposed: 15 feet min and allow 6 feet of encroachment for unenclosed front entry features,
(i.e., porches).
Side (Interior) Setback
a) Existing MR-2: 20 feet min. or building height
b) Proposed: 5 feet min, except if abutting a public park, then 15 feet.
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Side (Corner) Setback
a) Existing MR-2: 30 feet min.
b) Proposed: 15 feet min.
Rear Setback
a) Existing MR-2: 25 feet min. or building height
b) Proposed: 20 feet min.
Reasoning:
• Front Setback: Encroachment “allowance” encourages front entry features which are “see
through” (i.e., decks, porches) but nine (9) feet still allows enough space for front yard
trees.
• Side (Interior) Setback: There are two (2) story SFR with five (5) foot side yard setbacks, one
(1) more story is not a significant difference. In many cities, three (3) stories are allowed for
SFR as well.
• Side (Corner) Setback: A reduced setback aligns with the proposed front yard setback
while still supporting the maintenance of sight triangle and planting areas within the side
yard.
• Rear Setback: A reduced setback provides greater flexibility with shallower multifamily lots
and aligns with some existing medium density development.
High Density Standard
Front Setback
a) Existing MR-3: 40 feet min.
b) Proposed: 15 feet min and allow 6 feet of encroachment for unenclosed front entry features,
(i.e., porches).
Side (Interior) Setback
a) Existing MR-3: 30 feet min or building height
c) Proposed: 8 feet min, except if abutting a public park, then 15 feet.
Side (Corner) Setback
a) Existing MR-3: 40 feet min.
b) Proposed: 15 feet min.
Rear Setback
a) Existing MR-3: 35 feet min.
b) Proposed: 20 feet min.
Caveat: Retain the existing setbacks when adjacent to Vet’s Park (meaning move the current
requirements to the VPA overlay district.)
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Reasoning:
• Front Setback: Encroachment “allowance” encourages front entry features which are “see
through” (i.e., decks, porches) but nine (9) feet still allows enough space for front yard
trees.
• Side (Interior) Setback: Building height adjacent to side lot lines limited based on context –
see height section.
• Side (Corner) Setback: A reduced setback aligns with the proposed front yard setback
while still supporting the maintenance of sight triangle and planting areas within the side
yard.
• Rear Setback: A reduced setback provides greater flexibility with shallower lots.
7. Parking Requirements
City Definition: Subd.93 “Parking lot (area).” An authorized area not within a building where motor
vehicles are stored for the purpose of temporary, daily, or overnight off-street parking.
Purpose: Parking minimums provide adequate space for parking vehicles relative to anticipated
demand.
Medium & High Density Standard
a) Existing MR-2 and MR-3: 1.1 parking stalls per unit. (Based on 1.25 per unit with a 10% credit
for being within a 1/4-mile radius of a Frequently Operating Transit Line (FOTL), and a 5% credit
for extra bike parking.)
b) Proposed: Maintain existing standards and add the following:
• Reduce to 0.5 parking stalls per unit, only for buildings that are 40 units or less, for parcels
located 1 block* along either side of a High Frequency Transit Line. (HFTL).** A building of
41 units or more in size would need to meet existing parking requirements.
• Reduce to 0.5 parking stalls per unit for the first 40 units in a building, regardless of zoning
designation, if located within the expanded 66th/Lyndale “Downtown” area.*** The 41st
unit in a building, and above, would need to meet existing parking requirements.
• Reduce parking requirements for cluster developments in the MR-2 zoning district to 1.25
parking stalls per unit. (Missed during last year’s parking update.)
• If an alley is present, allow direct pull-in parking stalls off the alley.
• Allow on-street parking to count towards triplex and fourplex on-street parking
requirements only if:
o the roadway (back of curb to back of curb) is 36 feet wide or greater,
o sufficient driveway space exists such that the full parking requirement could be
parked on-site during a snow event (e.g., tandem stacked in driveway),
o the applicant agrees to provide notification to future residents through lease and/or
sale agreements, so that residents are aware of snow emergency requirements to
move cars off-street, prior to moving in, and
o The City adopts two (2) changes to the municipal code:
Add a clause that explicitly states that all on-street parking is public parking
and may be occupied by any vehicle regardless of vehicle ownership or
property ownership.
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Section 1310 regarding residential parking permits, which has never been
used, is deleted.
* One (1) block meaning to the next street east/west, - or to where the next street would cross if the
street went through – see attached map.
** To be defined as stops with a 15-minute headway or less.
***To be described as being located on: either side of 66th Street, between Rae Drive to the west and
Stevens Avenue to the east; on either side of Lyndale Avenue, between Highway 62 to the north and
either 67th Street W (along east side) or Lake Shore Drive (along west side) to the south; and on either
side of Nicollet Avenue, between 64th Street to the north and 67th Street East/AHA Way to the south.
Reasoning: The proposed standards facilitate infill development, and support Transit-Oriented
Development (TOD) and walkable/bikeable neighborhoods, while providing limited parking for
maintenance calls, deliveries, and shared car programs, etc.
The expanded 66th/Lyndale area is generally understood to be the downtown area, but since it has
not been formally defined, the term cannot yet be used. Once an official downtown area has been
adopted, the designated area can be adjusted accordingly. The off-street parking allowance
caveats are based on feedback from Engineering and Public Works.
8. Unit Sizes
City Definition: N/A
Purpose: A way of indirectly regulating housing density.
Medium & High Density Standard
a) Existing MR-2 and MR-3:
Eff: 400 sf min.
1 bed: 550 sf min.
2 bed: 750 sf min.
3+: add 150 sf for each bedroom over 2 beds
b) Proposed: Eliminate.
Reasoning: The building code already sets requirements for bedroom sizes, so having additional
regulations would be redundant and confusing. The focus should be on regulating the overall
structure, not its interior layout.
9. Open Space
City Definition: Subd.90 “Outdoor Open Space.” Lawns and other natural areas and open
courtyards. Open space does not include driveways, parking areas or sidewalks.
Purpose: Requiring a minimum amount of open space ensures that residents have readily
accessible areas for passive enjoyment. The City also has a definition for “Usable Open Space”
which is meant to be for more active enjoyment and does not include required landscape setback
areas unless intentionally designed for such.
Medium & High Density Standard
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a) Existing MR-2: Min. of 325 sf per unit / MR-3: Min. of 300 sf per unit
b) Proposed: Eliminate the “Outdoor Open Space” definition and instead use the “Usable Open
Space” definition, which is already used in the mixed-use districts. Require 10% of the lot for
MR-2 and 15% of the lot for MR-3, rather than a per unit calculation. Unit-specific open space,
such as balconies and porches, may not count for more than 50% of the overall open space
requirement. Impervious improvements, such as rooftop amenities and patios, may not be
more than 25% of the open space requirement. Shared rooftop amenities that are also a green
roof may be exempt from the 25% hard-surface limit, subject to review and approval by the
City Engineer and Sustainability Coordinator.
Reasoning: Both a single open space definition, and lot-based versus unit-based requirement, will
simplify and streamline the code. Richfield does not have a park dedication requirement, which is
typically 10% of a lot area and sometimes applies in addition to open space
requirements. Limiting the amount of open space dedicated to individual units helps preserve
shared open space that fosters a sense of community.
10. Number of Units by Bedrooms
City Definition: N/A
Purpose: Limits to the number of efficiency units was likely adopted (circa 1995) to ensure that a
variety of unit sizes were provided, to provide diversity in housing options. Smaller units tend to be
more affordable, while larger units tend to serve families. There is a benefit to having a variety of
unit sizes available, to serve a broad population, but at what proportion depends upon the
demographic of the rental community. Consequently, any one (1) unit size should not be severely
limited.
Medium & High Density Standard
a) Existing: Number of efficiencies limited to 20% of the units in MR-2, and 25% of the units in
MR-3.
b) Proposed: Eliminate.
Reasoning: Allow the market to determine the number of units. Similar to the rationale for unit size
standards, regulations should focus on the overall structure rather than its interior layout.
11. Approval Process
Purpose: To ensure proposals meet zoning rules and regulations consistently and in alignment
with the intent of the code.
Background: Currently, all commercial, industrial, multiple-family housing (3 or more units) and
institutional development applications are required to obtain full site plan approval. Full site plan
approval includes a public hearing, which takes at a minimum, two (2) months, and increases
project costs. The shift to an administrative site plan approval would not include a public hearing
process, can generally be processed in one (1) month, and the application fee is less expensive.
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Historically, Richfield allowed multi-building developments called “group housing development”.
Currently, the code defines group housing as: “A development located on a single lot that consists
of two or more buildings, each of which contains 3 or more dwelling units”. This is probably a relic
from before the PUD code was adopted.
Medium Density Standard
a) Existing MR-2: Up to 8 units = site plan approval, 9 to 25 units = conditional use permit, over 25
units = not allowed no matter the lot size.
b) Proposed: By administrative site plan approval (no PC or CC) – Up to 16 units. Full site plan
approval (with PC & CC) for between 17 to 40 units. Conditional Use Permit for over 40 units.
Allow cluster homes as a permitted use with the same thresholds.
Reasoning: Will help shorten the application process and avoid the uncertainty of unknown
conditions for smaller projects, a stated obstacle.
High Density Standard
a) Existing MR-3: up to 20 units = site plan approval, more than 20 units = conditional use permit.
b) Proposed: By administrative site plan approval (no PC or CC) up to 32 units. Full site plan
approval (PC & CC) for between 33 to 100 units. Conditional Use Permit for over 100 units.
Change the name of the term “Group Housing Development” to “Multi-Building Development”
to avoid confusion and add “Multi-Building Development” as a permitted use in both MR-2 &
MR-3 districts, subject to the same thresholds.
For all projects administratively approved (both MR-2 & MR-3), require courtesy notice to
immediate neighbors prior to construction. Following draft language is for policy only, not for
ordinance:
At least 15 business days before demolition commences – or before construction commences
if the site is already vacant - the permit holder must provide written notification to all property
owners and tenants within 300 feet of the perimeter of the site notifying them of the proposed
demolition and construction project. The notice must identify the nature of the project, the
permit holder, a contact name and phone number, and the site address. The notice must also
provide a city phone number to call with any questions, complaints or concerns. The notice
should be provided to city staff for review and approval prior to distribution.
Reasoning: For thresholds, same as for Medium Density. For multi-building development, this
would eliminate the need for a PUD if more than one (1) principal building is desired on one (1) lot.
(A PUD also triggers a rezoning and a conditional use permit.)
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06/27/2025
Residential Parking Reduction Areas
* A HFTL is defined as having stops with a 15-min headway or less.
** One block meaning to the next street, or to where the next street would cross if it went through.
0 0.2 0.4 0.6 0.80.1 Miles
±I:\GIS\Community Development\Staff\Assistant Planner\Ruby\Bus Service & MDR Maps\Bus Service Maps.aprx/Parking Reductions | Scale: 1:21,500 | Revision Date: 6/27/2025 | Author: RVillaPMU Planned Mixed Use
PMR Planned Multi-Family Half a stall per unit for thefirst 40 units. 1.25 stalls per
unit for the 41st unit &
above.
MU-R Mixed Use-
Regional
MU-N Mixed Use-
Neighborhood
MU-C Mixed Use-
Community
MR-3 High-Density
Multi-Family
MR-2 Multi-Family
R Low Density
Residential
High Frequency Transit
Line (HFTL)* Stop
All other highlighted parcels
shown; 1 block along either side
of a HFT line = 0.5 stalls/unit,
up to 40 units max.**
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Tier II, Mid-Level Recommended Standards
If a standard conflicts with an existing overlay district provision, the overlay district provision prevails.
1. Parking Location & Setbacks
Purpose: To locate parking predominantly behind the building to prioritize an active, pedestrian-
oriented street frontage.
Medium & High Density Standard
a) Existing:
i. Setbacks (Section 544.13, Subd. 5): Parking lots must be setback eight (8) feet from
the right-of-way; five (5) feet from adjacent commercial, multifamily and mixed-use
property; and 15 feet from single and two-family property with appropriate screening
as required by Section 544.03, Subd. 5
ii. Location: None
iii. Screening: Section 544.03, Subd 5, generally requires that “Residential sites shall be
landscaped to improve the livability, beauty and value of housing; to screen and
mitigate views of large parking areas; to reduce the effect of traffic noise; to provide
shade; and to help protect water quality.”
b) Proposed:
i. Setbacks: Retain the existing requirement for an 8 foot setback when adjacent to right-
of-way on side or rear, otherwise Parking stalls must be setback a minimum of five (5)
feet from the side and rear property lines.
ii. Location:
▪ Front yard and street side yards: not allowed
▪ Rear yard or underground: allowed
▪ Interior side yard: allowed, provided it is not more than the width of the
building, or 60 feet, whichever is less.
iii. Screening: Screening requirements only apply to parking lots. Parking lots adjacent to
Low-Density Residential, (R) and Single-Family Residential (R-1), Districts must be
screened along the side and rear property lines with a four (4) foot-tall privacy fence,
solid evergreen hedge, architecturally compatible opaque wall, or a combination of
these, unless:
1. An alley is present, or
2. The adjacent property owner provides a written waiver.
The perimeter planting requirements of 544.03, Subd. 6 shall apply to parking stalls
located in interior side yards, adjacent to all other zoning districts.
c) Reasoning: Reduced setbacks are mitigated by screening standards that minimize visual
impacts on neighboring properties. Locating parking at the rear or underground supports the
goal of maintaining active street frontages.
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2. Access
Purpose: To ensure orderly and efficient entry and exit for vehicles, to minimize curb cuts, and
enhance pedestrian safety.
Medium & High Density Standard
a) Existing: None.
b) Proposed:
i. If a parking lot is adjacent to an alley, access shall be off the alley.
ii. If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway
access shall be off the side street with the lower functional class as defined by the
comprehensive plan. If both roadways are the same functional class, access may be
off of either, subject to approval of the jurisdictional agency.
iii. If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the
street.
iv. A driveway existing as of [insert date] that does not meet the above lot access
standards can continue in the same location until the property is redeveloped. Such
driveway may be expanded if it is in conformance with the City Code.
v. Shared access is highly encouraged but requires a recorded agreement with the
neighboring property owner.
c) Reasoning: The proposed changes are intended to reduce the number of access points along
the streets by encouraging access from the side or rear of the property when possible. This
approach supports the creation of uninterrupted sidewalks and reduces potential conflict
points between pedestrians and vehicles.
3. Building Mass
Purpose: To prevent long, continuous unbroken building facades, and to use design elements to
create a vertical rather than horizontal building expression.
Medium & High Density Standard
a) Existing: None
b) Proposed:
i. Every building wall length that exceeds the height of the building shall incorporate a full
height offsets spaced at intervals equal to of the building height. The offset shall be a
minimum of 1 foot in depth and width per story of building height. An offset can be a
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projection or recess. All building walls under 36 feet in length are exempt from this
standard.
ii. No building wall shall exceed 200 feet in length.
c) Reasoning: The proposed standards are intended to divide a building’s mass into increments
that create an inviting, pedestrian-oriented streetscape.
4. Minimum Window Requirements
Propose: To humanize the appearance of a building, allow access to light and air.
Medium & High Density Standard
a) Existing: Standards for window treatments are prescribed in Section 544.07, Subd 5 and
require that “Windows or simulated windows shall at a minimum be used on the ground level
of any wall parallel to or nearly parallel to a street. The use of bars, chains or similar security
devices that are visible from a public street or sidewalk shall be prohibited.”
b) Proposed: Retain existing, and add:
i. Each building wall that faces a public street, public sidewalk or public pathway, must
be comprised of no less than 30% windows on the first floor and no less than 20%
windows on each floor above the first floor.
ii. Each building wall that faces any other direction must be comprised of no less than
15% windows on each floor.
iii. Window requirements are not intended to require custom window sizes, or to increase
building setbacks to comply with building code. They are intended to apply when the
first floor is used for interior parking.
iv. False windows are prohibited.
c) Reasoning: To push for design standards that exceed the minimum building code, within
reason.
5. Blank Wall Limits
Purpose: Promotes visual interest and variety in the building expression, making the building more
appealing - an added element to ensure attractive design enhancing confidence in project
outcomes.
Medium & High Density Standard
a) Existing Standards: There are no explicit requirements. However, window treatment
requirements under Section 544.07, Subd 5 (cited above) are typically applied.
b) Proposed:
i. Along a street frontage or side street, the bottom 25 feet of a building shall include
elements that relate to the human scale. These should include doors and windows,
projections, awnings and canopies, or decorative ornamentation. This requirement
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may also be addressed through art installation or a living wall subject to approval by
the Director.
ii. A blank wall (to be defined as an uninterrupted wall that does not include entries,
windows, recesses, projections, or other architectural elements, and exceeds 25 feet
in length) would be prohibited. Would be calculated per floor.
c) Reasoning: To ensure buildings are visually appealing, especially when the placement of
windows and balconies is limited by building code for various reasons. This regulation would
ensure building articulation in areas where other preferred elements are precluded.
6. Principal/Front Entry Emphasis
Purpose: A well-designed entrance has long been a defining feature of architectural character. It
plays a vital role in wayfinding, creates a welcoming atmosphere, and provides shelter from the
elements.
Medium & High Density Standard
a) Existing: Architectural standards under Section 544.07, Subd. 1, require buildings to be
oriented so that at least one (1) principal entrance faces the public street.
b) Proposed:
a) Building entrances shall
• face the front of the lot unless a corner lot where street classifications differ, then
the entrance shall face the street with the higher road classification;
• be architecturally emphasized, and highly visible from the street; and,
• utilize design features that protect pedestrians from the rain and sun, such as
awnings, canopies, or porticos.
c) Reasoning: Refer to the purpose statement above. These proposed requirements, which are
similar to the mixed-use district standards, are also appropriate for multifamily residential
7.Other Contextual Considerations:
Section 547 – Administration
Purpose: To provide administration approval for minor deviations that would trigger a variance.
a) Existing: None
b) Proposed: Ten (10) percent administrative approval of deviations.
c) Reasoning: This would remove the variance process for situations that require very minor
flexibility. This provision is intended for unique situations where the full requirement cannot
feasibly be met, but the difference would not be noticeable without measurement. For
example, ten (10%) percent deviation from the five (5) foot side yard setback in MR-2 is six (6)
inches. Staff would have the ability to deny the deviation, and require the variance process if
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staff finds the deviation warrants a greater review. As proposed, the provision would apply to
all site plan approvals and not just multi-family zoning districts.
Section 509.11. - Not Encroachments.
Purpose: To update provisions to clarify balcony encroachments.
a) Existing: In required front yards, principal building balconies that extend a distance of four (4)
feet or less, provided they are seven (7) feet or more above grade at the front building line.
b) Proposed: Retain existing and add in required side yards that are not adjacent to property
guided low density residential, principal building balconies that extend a distance of three (3)
feet or less, provided they are seven (7) feet or more above grade at the side building line.
c) Reasoning: To facilitate balconies where appropriate. In the MR-2 district, the side setback is
five (5) feet, so a balcony could be two (2) feet from the property line. In the MR-3 district, the
side setback is eight (8) feet, so a balcony could be five (5) feet from the property line.
Section 509.13. - Central Air Conditioning Units.
Purpose: To update provisions regarding the location and screening of central air conditioning
units.
a) Existing: Central air conditioning units shall not be located forward of the front building line
and shall not be located closer to any side lot line than the minimum side setback requirement
for the principal building.
b) Proposed: Central air conditioning (AC) units shall be located in the rear yard whenever
feasible. Placement of AC units in a side yard is permitted only when rear yard placement is
determined to be infeasible by the City Building Official. In such cases, units may be located in
a side yard provided they are not placed closer to any side lot line than the minimum side
setback requirement for the principal building, minus three (3) feet. AC units shall not be
located in the front yard unless placement in the rear or side yard is not feasible. In such
cases, the unit must be screened from view by hardscape (e.g., fence or wall) and approved by
the Director.
c) Reasoning: The front yard location requirement was an issue in both the Rya and Penn Place
Townhome projects. Allowing a three (3) foot encroachment enables placement of the A/C
unit within the side yard without requiring the entire building to be set further back. As
proposed, this provision would apply to all projects and not just those in multifamily
residential zoning districts. This regulation has posed challenges, particularly when retrofitting
A/C units for existing homes. The change would primarily impact residential properties and is
unlikely to affect new construction or larger commercial projects, as their units typically
exceed three (3) feet in size.
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Tier III, Ground Level Recommended Standards
If a standard conflicts with an existing overlay district provision, the overlay district provision prevails.
1. Exterior Materials & Color
Purpose: To guide the durability and residential character of a structure, maintain a high quality
appearance over time, and to fit within Richfield’s urban and suburban context.
Medium & High Density Standard
a) Existing:
i. Materials: Standards for exterior materials are prescribed in Section 544.07 Subd. 3 and
require “the main exterior wall surface of all buildings shall be constructed of wood,
brick, stone, cementitious planks (e.g. Hardiplank ®), glass, architectural concrete
textured surface or other materials of high quality as approved by the Director.
Unadorned pre-stressed concrete panels, standard concrete block and unfinished metal,
except for naturally weathering metals such as copper, shall not be permitted. All
buildings shall be constructed so that each exterior wall and roof surface is finished with
materials of consistent quality as those of the front wall and front roof.”
ii. Color: None
b) Proposed:
i. Materials: Modify the existing standard by removing the ability to use architectural
concrete textured surfaces and limit finished metals to above the ground floor and not
more than 40% of the wall area with the caveat that they must be matte finished. This
would apply to multifamily residential only.
ii. Color: No building may display more than ten (10%) percent of any elevation surface in
bright, high intensity or pure tone primary or secondary colors. No fluorescent or neon
colors shall be used on any exterior elevation surface, except for murals.
c) Reasoning: Finished metal is prone to denting and does not hold up well to the wear and tear
typically experienced at the ground level. Additionally, non-matte finishes can create reflective
glare from the setting sun, which can be a nuisance. Metal finishes and exposed concrete, even
when textured, are not traditionally used as exterior materials for housing and are generally
considered incompatible with residential settings. Similarly, building colors that are overly
bright, harsh, or otherwise out of character with the traditional neighborhood aesthetic should be
prohibited to maintain the area's cohesive appearance.
2. Exterior Lighting
Purpose: To promote environmentally sensitive lighting, to limit glare onto abutting parcels and right-
of-way, while allowing sufficient nighttime illumination at levels appropriate for a residential are
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Medium & High Density Standard
a) Existing: Standards for exterior lighting are prescribed in Section 544.09, Subd. 1 and require
“lighting to be designed and arranged to restrict direct illumination and glare onto abutting
parcels.” Section 544.09, Subd 2 – 13 provide additional lighting requirements. Standards to note
that pertain to this update include:
i. Direct off-site views of the light source are not permitted except for ornamental style
fixtures if it can be demonstrated that off-site view of the light source are mitigated by
the fixture design and/or location.
ii. Wall packs are not allowed.
iii. Lighting shall not exceed one (1) foot candle as measured from the centerline of a
public street or residential property line.
iv. Minimum parking lot illumination of 0.2 foot candles and a maximum of four (4) foot
candles.
v. Primary building entrances to multifamily residential at a minimum of five (5) foot
candles and no maximum.
b) Proposed: Modify the existing standard to include the following requirements for exterior lighting:
i. Maximum illumination of eight (8) foot-candles at building entrances.
ii. Light color temperature (Kelvin) must not exceed 3,000 K.
iii. All fixtures must be dark sky compliant, downcast, except decorative fixtures per
544.09, Subd. 4, 8 & 11.
iv. Maximum pole or mounting height must not exceed 12 feet.
c) Reasoning: To incorporate industry standards that mitigate exterior lighting impacts to the
environment and adjacent uses.
Kelvin measures the color temperature of a light source, indicating whether it appears warm
(yellowish) or cool (bluish). 3,000 Kelvin is what the City uses for public street lighting, so it would
create a consistent tone. Bluer tones tend to disrupt wildlife and have also been shown to have a
negative impact on humans.
3. Sidewalks
Purpose: A dedicated pedestrian pathway, separating foot traffic from vehicular traffic and
promoting safe and accessible mobility for all.
Medium & High Density Standard
a) Existing: The subdivision regulations require a minimum six (6) foot wide concrete sidewalk within
the City right-of-way adjacent to the subject parcel, if the property is being platted. Section 544
(General Building and Performance Standards) requires pedestrian paths at all pedestrian arrival
points to the property. Finally, the current ten (10%) percent parking credit for being within one-
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fourth (1/4) mile of a frequently operating transit line requires that pedestrian ways connect the
parcel to the transit stop. This is an incentive for those who want the credit to construct missing
connections.
b) Proposed: Require a six (6) foot wide sidewalk along all sides of the lot that abut a public street,
with any new construction. (will reference language in subdivision regulations)
c) Reasoning: Zoning regulations cannot impose requirements that extend beyond the boundaries
of a property unless there is a clear and direct nexus demonstrating how the off-site requirement
is necessary to address an impact caused by the development.
4. Screening for Refuse
Purpose: To screen the placement of refuse, recycling, and organic containers to minimize adverse
impacts on neighboring properties, including noise, odor, visual appearance, and litter.
Medium & High Density Standard
a) Existing: Standards for the screening of refuse collection are prescribed in Section 554.05. In
general, these requirements specify that all trash, garbage, waste materials, and recycling
containers must be designed to be stored within the interior space of the building.
b) Proposed: Up to eight (8) units are exempt from the internal storage requirements. Nine (9) to
twelve (12) units are also exempt from the internal storage requirements, but the exterior storage
must be screened by an enclosure. For 13 or more units, no change.
c) Reasoning: To minimize potential adverse impacts of larger buildings and facilitate smaller
buildings.
5. Screening for Utilitarian Items
Purpose: To screen the utilitarian items such as HVAC and utilities to minimize adverse impacts on
neighboring properties, including noise, odor, and visual appearance.
Medium & High Density Standard
a) Existing: Standards for the screening of utilitarian items are prescribed in Section 554.05. In
general, these requirements specify that “all delivery and loading operations, HVAC
equipment, and other utility and service function shall be grouped and arranged away
from the public right-of-way and fully screened from ground level observation at any point
on the property, adjacent property, or from adjacent right-of-way.”
b) Proposed: No change.
c) Reasoning: Staff reviewed the existing standards and determined they are sufficient; no
revisions are necessary.
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6. Landscaping
Purpose: Proper landscaping adds to the health, safety, aesthetic, ecological and economic
values of the community. The intent of these provisions is further listed in Section 544.03 -
Landscaping and screening requirements.
a) Existing: The landscaping and screening requirements under review apply to residential uses
as outlined in Section 544.03, Subd. 5. These standards are intended to improve the livability,
beauty and value of housing; to screen and mitigate views of large parking areas; to reduce the
effect of traffic noise; to provide shade; and to help protect water quality. The requirements in the
table below are in addition to any plantings in the public street right-of-way whether installed by
the land developer or the City.
Type Requirements
Overstory deciduous trees 3 to 6 units: 1 tree per dwelling unit
More than 6 units: 0.5 trees per dwelling unit
Coniferous trees May be substituted on a one-for-one basis for the
overstory deciduous trees
Ornamental deciduous trees Not required
Understory shrubs Foundation plantings are required in all areas visible
areas from the public right-of-way.
b) Proposed: Retain and edit understory shrubs as shown above.
c) Reasoning: Applies the same foundation planting language as required for single and two
family. Projects that are unable to accommodate tree plantings on-site may either plant trees in
designated public areas, such as parks or rights-of-way, or contribute to a fund that will be used to
plant trees in public spaces on their behalf.
7. Purpose Section
Purpose: To update the MR-2 (Section 525.01) and MR-3 (Section 527.01) purpose statements to
clearly align with the overall intent of the code and the proposed updates. The purpose
statements serve as guiding language when evaluating proposals such as variances or PUDs,
helping determine whether a proposal meets the code’s intent. Therefore, it is important that the
purpose statements explicitly describe the desired types of development and intended
characteristics.
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Medium & High Density Standard
a) Existing:
MR-2: The purposes of the MR-2 District regulations are to reserve appropriately located areas
for multifamily dwellings; preserve as many as possible of the desirable characteristics of the
single-family residential district while permitting higher population densities; provide
opportunities for infill cluster housing development, thereby allowing greater intensities and a
wider variety of housing types; minimize traffic congestion and avoid the overloading of
utilities by preventing the construction of buildings of excessive size (or density) in relation to
the surrounding land, buildings, or infrastructure; and to provide multifamily residential areas
that are safe and attractive.
MR-3: The purposes of the MR-3 District regulations are to reserve appropriately located areas
for family living in a variety of types of dwellings at a reasonable range of population densities;
preserve as many as possible of the desirable characteristics of the single-family district,
while permitting higher population densities; provide space for semi-public facilities needed
to complement urban residential areas and space for institutions that require a residential
environment; minimize traffic congestion and avoid the overloading of utilities by preventing
the construction of buildings of excessive size in relation to the surrounding infrastructure;
and to provide multifamily residential areas that are safe and attractive.
b) Proposed:
MR-2: The purpose of the MR-2 zoning district is to promote multifamily development that is
diverse and attractive, and to facilitate context-sensitive infill and redevelopment, by allowing
a variety of buildings with multiple units. Characteristics of such buildings include primary
entrances and windows facing onto the street, with secondary windows facing to the side and
adjoining properties, human scaled architectural elements, and green space that allows for
tree canopy, water filtration, and relaxation. Examples of such building types include stacked
triplexes and fourplexes, townhomes, courtyard cottages, courtyard apartments, rowhomes,
small (low-rise) multifamily buildings and cluster developments. The district is not intended to
allow more than one (1) full-sized single-family detached unit on a lot (a full-sized home
meaning 1,200 square feet or bigger) or to allow slot homes.
MR-3: Similar to MR-2, except building types would include mid-rise apartments.
c) Reasoning: The existing purpose statements do not address the desirable aspects of the
district or the desired building form. The language precluding full size single family is to ensure
“multibuilding developments” are not misinterpreted. An example of slot homes is RF64.
Building types could be added to the definitions section if desired/needed.
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Related Comp Plan Goals and Policies
CP Goals:
▪ Provide a full range of housing choices that meet residents’ needs at every stage of their lives,
and ensure a healthy balance of housing types that meet the needs of a diverse population with
diverse needs.
▪ Maintain and enhance Richfield’s commitment to housing … redevelopment, resulting in an
attractive, desirable and prosperous community.
CP Policies:
▪ Strongly encourage pedestrian-friendly and transit-friendly building and site design through
measures such as higher density development and growth, which is located along major
transportation routes.
▪ Regularly review land use and zoning ordinances to ensure maximum opportunities for
strengthening housing choices.
▪ Promote the development of a balanced housing stock that is available to a range of income
levels.
▪ Establish a land use pattern and supporting infrastructure that preserves and enhances the
ability of residents to make personal connections in their neighborhoods.
▪ Provide a full range of housing choices that contribute to vital and desirable neighborhoods that
welcome diversity of age, race, and physical ability; while maintaining a comfortable small town
atmosphere.
▪ Require site design and architectural characteristics that provide appropriate transitions
between lower and higher intensity uses.
▪ Develop residential standards (scale, density, etc.) for redevelopment areas that create
neighborhood character.
▪ Focus commercial and higher density residential development along major thoroughfares.
▪ Ensure that redevelopment and infill projects maintain the integrity of existing neighborhoods.
▪ Give priority to projects that meet the following criteria when considering proposals for market-
rate, multifamily housing:
» Located in transitional areas between single-family neighborhoods and commercial areas.
» Offers a complementary size and style to the community.
» Includes a mix of unit sizes and amenities.
» Includes amenities to build community and encourage active lifestyles.
» Offers a mix of residential and complementary commercial uses that embody and preserve the
feel of the “Urban Hometown” in their design.
» Offers flexibility in their design to accommodate market changes.
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City Council Meeting 8/26/2025
Agenda Section: Proposed Ordinances
Agenda Item: 10.b.
Report Prepared By:
Jennifer Anderson, Support Services Manager
Department Director:
Jay Henthorne, Police Chief
Item for Consideration:
First reading of an ordinance regulating the use and licensing of short-term
rentals.
EXECUTIVE SUMMARY
The City Council approved an ordinance restricting short-term rentals on May 27, 2025.
It was highlighted at that meeting that licensing regulations would be brought forth prior
to the close of the year.
HISTORICAL CONTEXT
With the passage of the short-term rental ordinance in May 2025, the City Council
decided short-term rentals should be administered as a business license rather than a
rental license. The proposed licensing ordinance addresses required application
information, criminal history background investigation, non-transferable licenses,
renewal requirements, display of license on the premises, inspections and enforcement
and the basis for license denial, suspension and revocation. This framework follows
other similar license applications the City requires.
RECOMMENDED ACTION
By Motion: Approve the first reading of an ordinance regulating the use and
licensing of short-term rentals.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The Richfield Police Department is committed to ensuring equity and inclusivity in our
work. In some instances, equity considerations may not directly apply; however, staff
review of policy and processes will always consider DEI principles.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
Chapter IV Building, Housing and Construction Regulations of the Richfield Municipal
Code now addresses short-term rentals.
CRITICAL TIMING ISSUES
The short-term rental ordinance and proposed licensing requirements will be effective
January 1, 2026, so approval of the proposed licensing standards by early September
would be helpful before business licensing renewal season begins in early October.
Additionally, setting up the licensing software process will need to be incorporated and
tested prior to October.
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FINANCIAL IMPACT
The recommended fee for a short-term rental license is $700.00 which supports
licensing staff time, development of the software set-up, training and testing phase,
initial licensing process, renewal, background checks, enforcement and inspections.
The recommended annual renewal fee is $500.00 which would be collected in late 2026
for 2027.
LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved the contents of the staff report.
ALTERNATIVE RECOMMENDATION(S)
The City Council could deny the first reading of the ordinance and direct staff on how to
proceed.
ATTACHMENTS
1. 2025-XX Short-Term Rental Licensing Ordinance - Clean Version V2
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BILL NO. _____
AN ORDINANCE AMENDING CHAPTER XI OF THE RICHFIELD CODE OF
ORDINANCES BY ADDING A NEW SECTION 1199 REGULATING THE USE AND
LICENSING OF SHORT-TERM RENTALS
THE CITY OF RICHFIELD DOES ORDAIN:
SECTION 1. Chapter XI of the Richfield Code of Ordinances is hereby amended by
adding a new Section as follows:
SECTION 1199. – SHORT-TERM RENTALS
1199.01. – Purpose and Findings.
The City of Richfield makes the following legislative findings: The purpose of this
section is to protect the public health, safety, and welfare of those who stay in short-term
residential rentals and those who own or occupy neighboring properties in the City.
Implementing the regulations set forth in this section related to short-term rental
businesses will support this purpose. The City finds and concludes that these regulations
are appropriate and lawful and are in the public interest and for the public good.
1199.03. - Definitions.
Subdivision 1. The following words and terms, when used in this section, shall have the
following meanings unless the context clearly indicates or requires a different meaning:
Subd. 2. “Booking Service” means any reservation and/or payment service provided by
a person or entity that facilitates a short-term rental transaction between a short-term
rental host and a prospective short-term rental guest, and for which the person or entity
collects or receives, directly or indirectly, through an agent or intermediary, a fee or
compensation in connection with the reservation and/or payment services provided for
the short-term rental transaction.
Subd 3. “City” means the City of Richfield.
Subd. 4. "Compensation" is remuneration or anything of economic value that is provided
or promised or donated primarily in exchange for services rendered. This includes, but is
not limited to, voluntary donations, and fee-sharing.
Subd. 5. "Director” means the Director of Public Safety or his or her designee.
Subd. 6. “Dwelling unit” means a room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or intended to be used for
living, sleeping, cooking and eating by persons other than the owner or record regardless
of familial relationship or whether rent or other compensation is paid to the owner.
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Subd. 7. “Occupant” means any person renting a short-term rental.
Subd. 8. “Owner” means any person who, alone or with others, has title or interest in any
building, property, dwelling, or portion thereof, with or without accompanying actual
possession thereof, including any person who as tenant, agent, executor, administrator,
trustee, or guardian of an estate has charge, care, control of any dwelling.
Subd. 9. “Person” means any individual, firm, corporation, association, governmental
entity, or partnership and its agents or assigns.
Subd. 10. “Rental dwelling” means any dwelling used for residential occupancy for
compensation by one or more persons who are not the owner.
Subd. 11 “Responsible Party” means an individual(s) with the legal authority to make
and act on decisions of tenancy, building maintenance, complaints and repairs relating to
applicable safety codes. The Responsible Party must be available as a point of contact
for the City as well as any short-term rental guest(s) for the duration of the guest(s) stay
in the short-term rental. A Responsible Party may also be the Owner of the property.
Subd. 12. “Short-term residential rental” means a rental dwelling or dwelling unit that is
offered to transient guests for a period of less than thirty (30) consecutive days.
1199.05. – License Required.
Subdivision 1. No person, partnership, company, firm, corporation or other entity shall
operate a short-term residential rental in the City without first obtaining a license pursuant
to this section.
Subd. 2. Property owners may receive a short-term residential rental license for one
property in the City in addition to their homesteaded property or their primary place of
business.
Subd. 3. Exemptions. This section does not apply to the following:
(a) Hotels;
(b) Motels;
(c) State-licensed residential care facilities;
(d) Nursing homes.
1199.07 – Initial and Renewal Applications.
Subdivision 1. All applicants for an initial or renewal short-term rental license must
submit an application on a form provided by the City. The form may be amended from
time to time by the City. The application must include or be accompanied by all the
information requested on the application form including:
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(a) Business Name, if applicable;
(b) Short-term rental address and parcel ID;
(c) Owner name, address, email address, and telephone number, and date of birth
of the Owner;
(d) Name and phone, or 24-hour contact information of Responsible Party;
(e) Proof of Dept of Revenue registration for capture of lodging tax;
(f) Certificate of Liability Insurance;
(g) Names of booking services the Owner or Responsible Party will use to promote
the short term rental;
(h) A copy of a current government-issued photo ID;
(i) Proof of dwelling inspection within the last two years; and
(j) License application fee as established in the City’s fee schedule.
Subd. 2. Background check. Short-term residential rental licenses are subject to criminal
history background investigations performed by the Director.
Subd. 3. Changes in ownership. Licenses are not transferable to another person, entity
or location. A new license is required if there is a change in the ownership of the rental
dwelling or dwelling unit.
Subd. 4. License term. The term of the license is for one year and shall expire after the
earlier of the date specified on the license or December 31 of the year the license was
issued.
Subd. 5. Renewal applications. In addition to the items listed in subdivision 1 (a) – (j),
renewal applications must also include the following:
(a) documentation of the number of nights that were booked in the term of the last
issued license;
(b) the amount of rent that was paid to the owner or responsible party;
(c) a copy of the guest register for the term of the last issued license;
(d) proof of paid lodging tax from the City’s Finance Department;
(e) a list of any outstanding code enforcement complaints or violations,
(f) proof of dwelling inspection within the last two years; and
(g) authorization for the City to access the guest register.
Subd. 6. Approval and issuance. The City will act only on a complete application. A
complete application means that the applicant has submitted all information required by
this section and has paid the license or renewal fee as set forth in the City’s fee schedule.
The City shall not approve a license or renewal of license if any of the reasons for denial
in subsection 1199.11 are true.
Subd. 7. Display of license number. Upon approval, the City will issue a license and
associated license number to the applicant. The license number must be listed on any
booking service advertisements of the rental dwelling or dwelling unit.
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Subd. 8. Guest register. The owner or responsible party must continuously maintain a
current register of guests and other persons who have a lawful right to occupy the rental
dwelling or dwelling units. The register must be available for inspection by City officials or
representatives at all times.
Subd. 9. No vested rights. Licenses granted for short term residential rentals constitute
a revocable, limited right and nothing herein shall be construed as granting a vested
property right.
Section 1199.09 – Inspections and Enforcement.
Subdivision 1. Short-term residential rentals are subject to inspections by authorized
City officials to ensure compliance with applicable City Code provisions, including but not
limited to the International Property Maintenance Code (IPMC), adopted pursuant to City
Code Section 405.
Subd. 2. Authorized officials may enter the premises at any reasonable time. If the
licensee objects to the inspection, the City official shall obtain an administrative search
warrant before conducting the inspection.
Subd. 3. Short-term residential rentals are subject to an inspection at least once every
two years or more frequently if determined necessary by the City based on complaints or
non-compliance with applicable provisions of City Code or the IPMC.
Section 1199.11 – Basis for Denial.
The City shall not issue a license or renewal for any short-term residential rental if any of
the following are true:
Subdivision 1. The applicant has not submitted a complete application;
Subd. 2. The applicant does not comply with the requirements of this section or any other
applicable provision of the City Code;
Subd. 3. The short-term rental premises do not comply with the requirements of the
housing code, IPMC, building code, or the fire code;
Subd. 4. The applicant has a felony conviction in the last five years, or a gross
misdemeanor or misdemeanor involving the use of force, possession or sale of a
controlled substance, prostitution, indecent conduct, or unlawful possession of firearms.
Subd. 5. The applicant is not current with property tax and assessments at the location
of the short-term residential rental.
Section 1199.13 – Standards.
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Subdivision 1. All dwelling units must post a floor plan indicating fire exit and escape
routes in a conspicuous place.
Subd. 2. All dwelling units must have a properly maintained and charged fire extinguisher
that is placed in an easily accessible location.
Section 1199.15 – License suspension or revocation.
Subdivision 1. The City may suspend or revoke a license for a violation of this section
or any other applicable provision of the City Code or state or federal laws after reasonable
notice and failure of the owner or responsible party to end the violation or take reasonable
steps to ensure that the violation ends.
Subd. 2. Notice. The notice must include the alleged violations and inform the licensed
owner they have a right to appeal. The City will deliver notice in person or by regular mail
to the address of the licensed owner, or by electronic communications.
Subd. 3. Appeal. A licensee may appeal a suspension or revocation. An appeal must
be in writing and delivered or mailed to the City within ten (10) calendar days of issuance
of the notice or else the right to a hearing is waived. If no request for a hearing is received,
the City may proceed with the suspension or revocation. If the City receives a timely
request for a hearing, it will designate a hearing officer, which will be an impartial City
employee, or an impartial person retained by the City to conduct the hearing.
Subd. 4. Decision. The hearing officer will issue a written decision to the appellant and
the City within ten (10) business days of the hearing. The hearing officer’s decision must
identify their findings supporting the decision to either uphold the suspension or
revocation or impose a different penalty.
Subd. 5. Costs. If the hearing officer upholds the suspension or revocation, the appellant
must pay the city's actual expenses related to the hearing up to a maximum of $1,000.00.
Subd. 6. Appeal of hearing officer. The final decision of the hearing officer is appealable
by petitioning the Minnesota Court of Appeals for a Writ of Certiorari.
Section 1199.17 – Violations.
A violation of this section is a misdemeanor. Violations may also be subject to
administrative citations and penalties under Section 325 of the City Code.
Section 1199.19 – No warranty.
By enacting this section, neither the City nor its officers, agents or employees warrant or
guarantee the safety, fitness or suitability of any short-term residential rental in the City.
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Owners and guests should take appropriate steps to protect their interests, health, safety
and welfare.
SECTION 2. SEVERABILITY. Every section, provision and part of this ordinance is
declared severable from every other section, provision and part thereof. If any section,
provision or part of this ordinance is held to be invalid by a court of competent jurisdiction,
such judgment shall not invalidate any other section, provision or part of this ordinance.
SECTION 3. EFFECT. This ordinance will be effective in accordance with Section 3.09
of the City Charter.
Adopted by the City of Richfield this ___ day of _________, 2025.
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 173 of 187
City Council Meeting 8/26/2025
Agenda Section: Proposed Ordinances
Agenda Item: 10.c.
Report Prepared By:
Zach McCarty, Solid Waste Specialist
Department Director:
Karl Huemiller, Recreation Director
Item for Consideration:
Consider the second reading and hold a Public Hearing for an ordinance
amending section 601 of the Richfield City Code of ordinances pertaining to solid
waste disposal, collection, and hauling.
EXECUTIVE SUMMARY
Current garbage code is based on language and definitions adopted in the 2021
residential organized collection contract. Since adoption of changes in 2022, additional
language was determined to be necessary to clarify solid waste duties of non-residential
properties and multifamily properties to ensure buildings are in compliance with
Hennepin County Ordinance 13. Language requiring specific per-unit recycling volumes
in multifamily properties was also deemed necessary to ensure compliance with
Hennepin County Ordinance 13's 'adequate recycling' requirement for multifamily
properties. Inclusion of this language ensures all Richfield residents are given the same
access to the benefits of reducing dependency on garbage containers and will allow
property owners increased access to assistance programs run by Hennepin County.
The August 12 meeting action set a public hearing for August 26. Though legal counsel
and city staff have confirmed that a public hearing is not required by statute for this code
change as it does not include zoning, variances, or other situations for which a public
hearing is required, a Public Hearing is scheduled for this item for the purpose of
receiving public comment.
HISTORICAL CONTEXT
Over the past two years, staff and interns have worked to conduct a citywide inventory
of multi-unit property solid waste services and determine the capacity levels present
onsite. This study showed a few buildings had no recycling and many had what would
be considered insufficient capacity (i.e. a 96 gallon cart for 10 units). When staff worked
with property managers, they would usually provide the bare minimum they could to be
in compliance with code, but no more than that. City staff have been unable to help
provide more education and outreach around recycling because there is not enough
capacity to recycle at these sites.
Hennepin County ordinance language includes phrasing around adequate capacity
required for recycling, but City staff were unable to enforce county ordinance and City
code did not contain the same language. This inability to enforce county ordinance
continues to result in properties being ineligible for County grants, technical assistance,
and special disposal programs that all require buildings to be full compliance with
Page 174 of 187
Ordinance 13. These things combined present the opportunity to strengthen Richfield's
multi-unit code requirements and communicate said requirements to haulers while
helping residents obtain adequate service. Code enforcement staff have reviewed and
approved of the proposed changes.
RECOMMENDED ACTION
Conduct and close the public hearing and by motion:
1. Approve the second reading of the ordinance adopting the amendments to
Section 601 of the City Code
2. Approve a resolution authorizing summary publication of the ordinance.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Access to services is key for all residents, whether they are able to call their hauler and
request service changes or not. Residents who live in apartments are not able to
change recycling service levels if needed, and rely on the property manager to do so.
This can and has resulted in the bare minimum (one recycling cart) being provided for
numerous units in a complex, which is insufficient service. For context, single-family
homes in Richfield typically contract for approximately 32 to 43 gallons of recycling per
week in contrast to the 15 to 20 found on average in multifamily complexes in Richfield
and surrounding cities. Additionally, many apartment buildings in Richfield are in census
tracts that have been historically designated as environmental justice areas (identified
by lower median income and higher percentages of BIPOC residents).
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
• Section 601 of the Richfield City Code pertains to Solid Waste Disposal,
Collection, and Hauling.
• Hennepin County Ordinance 13 details multi-unit recycling requirements that
cities need to abide by, and include in their own code to be able to enforce.
CRITICAL TIMING ISSUES
Staff have been working to complete these changes and start communicating with
property managers as soon as possible.
FINANCIAL IMPACT
There could be a slight increase in the amount of staff time needed to enforce code,
which will be done on a complaint basis. For building owners/managers, increased
participation in recycling, including bulky item pick-ups, could result in downsizing trash
dumpsters and saving money. Owners/managers can also see increased opportunities
to access grant funding and free/reduced bulky item services from Hennepin County.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the ordinance and approves of its contents.
The August 12 meeting action set a public hearing for August 26. Since then, legal
counsel and city staff have confirmed that a public hearing is not required by statute for
this code change as it does not include zoning, variances, or other situations for which a
public hearing is required. Though a published public hearing notice is not required,
Page 175 of 187
State Statute 415.19 requires proposed ordinances be posted at least 10 days prior to
the City Council meeting at which the proposed ordinance is scheduled for a final vote.
Staff posted the proposed ordinance amendment on the City of Richfield website on
August 12.
ALTERNATIVE RECOMMENDATION(S)
The City Council may decide to not approve the final reading of the ordinance and direct
staff how to proceed.
ATTACHMENTS
1. Ordinance_Amending_Solid_Waste_Code _Aug_2025
2. 2025-08-26 Resolution XXXXX Summary Publication
Page 176 of 187
1
BILL NO. _____
AN ORDINANCE AMENDING SECTION 601 OF THE
RICHFIELD CODE OF ORDINANCES PERTAINING TO
SOLID WASTE DISPOSAL, COLLECTION, AND HAULING
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Sub-section 601.01 of the Richfield Code of Ordinances is hereby
amended by adding the new subdivision 6 with the double-underlined language below
and re-numbering other subdivisions as necessary such that the definitions are in
alphabetical order:
Subd. 6. “Commercial building.” Any building, or portion of a building,
containing one or more commercial establishments that is subject to the
requirements of the building and fire codes approved for an occupancy use other
than residential occupancy.
Section 2. Sub-section 601.01 of the Richfield Code of Ordinances is hereby
amended by adding the new subdivision 12 with the double-underlined language below
and re-numbering other subdivisions as necessary such that the definitions are in
alphabetical order:
Subd. 12. “Dwelling unit.” One or more rooms physically arranged so as to
create an independent housekeeping establishment for occupancy by one
household with separate toilets and facilities for cooking and sleeping.
Section 3. Sub-section 601.01 of the Richfield Code of Ordinances is hereby
amended by adding the new subdivision 20 with the double-underlined language below
and re-numbering other subdivisions as necessary such that the definitions are in
alphabetical order:
Subd. 20. “Multifamily residential building.” Any residential building
consisting of four or more dwelling units, for purposes of this Section 601.
Section 4. Subdivision 21 of sub-section 601.01 of the Richfield Code of
Ordinances is hereby amended by adding the following double-underlined language and
deleting the following struckthrough language below:
Subd. 21. "Non-residential dwelling unit" or "non-RDU". Properties other
than RDUs consisting of multi-family residential buildings, residential dwellings in
homeowners associations, and commercial, industrial, and institutional
establishments buildings that contract directly for their own solid waste collection
services, and properties owned by persons or occupants who have received City
approval to opt-out of base level solid waste collection services. Home occupations
Page 177 of 187
2
operating in a one-, two-, or three-unit building within the City are not commercial
establishments buildings for the purposes of this definition and must comply with
all duties of RDU occupants described in subsection 601.07. including utilizing the
base level solid waste collection services from a solid waste hauler as contracted
by the City.
Section 5. Sub-section 601.03 of the Richfield Code of Ordinances is hereby
amended by deleting the following struckthrough language below:
601.03. City hauling license required for RDUS and non-RDUS.
No person shall engage in the business of solid waste collection services
for RDUs or non-RDUs in the City unless all federal, state, county, and City
requirements are met and all necessary approvals, permits, and licenses are
secured.
Section 6. Sub-section 601.05 of the Richfield Code of Ordinances is hereby
amended by deleting the following struckthrough language below:
601.05. Contract required for hauling solid waste from RDUS.
All solid waste collected, conveyed, and disposed of by haulers for RDUs
shall be pursuant to a written contract with the City that shall specify the hauling
districts, base level solid waste collection services, collection hours, additional
collection services for residents, extended leave or "snowbird" policies, cart
ownership, organics collection, overflow trash policies, and any other details
required by the City for any and all solid waste collection services. No person or
entity shall engage in the business of solid waste collection services for RDUs in
the City unless it is pursuant to a contract with the City. All previous private
contracts between solid waste haulers and RDUs shall be considered null and void
on October 4, 2021.
Section 7. Sub-section 601.07(4) of the Richfield Code of Ordinances is hereby
amended by adding the following double-underlined language and deleting the following
struckthrough language below:
601.07. Duties of all RDUs and non-RDUS generally.
It shall be the joint and several responsibility of every occupant of an RDU
and non- RDU to perform the following duties:
. . .
(4) Set out yard waste in either a compostable bag or yard waste cart at
curbside for collection by a hauler, self-hauled, or removed by a lawn or landscape
business. If yard waste is self-hauled, it shall be taken in a sanitary manner to a
Page 178 of 187
3
county- or City-approved site. If yard waste is kept on the site of an RDU or non-
RDU on-site, it is subject to the private composting requirements in this section.
. . .
Section 8. Sub-section 601.09(1) and (2) of the Richfield Code of Ordinances is
hereby amended by adding the following double-underlined language and deleting the
following struckthrough language below:
601.09. Specific duties of RDU occupants.
In addition to the duties described in subsection 601.07, it shall be the joint
and several responsibility of every occupant of an RDU to perform the following
duties:
(1) Utilize the base level solid waste collection services from a solid
waste hauler as contracted by the City. No occupant of an RDU shall dispose of
solid waste in a cart that is not on their property. If an occupant of an RDU wishes
to self-haul, the occupant shall first obtain approval from the City using the process
and form provided by the City to apply for permission to self-haul any solid waste.
The form shall require proof to the City of the regular disposal of solid waste at a
disposal facility or facilities approved by the City and the county. Occupants of
RDUs approved for self-hauling are required to dispose of their solid waste as
specified on their individual form as approved by the City and otherwise are
required to comply with the duties of RDU occupants described in subsection
601.07.
(2) Follow the City's and hauler"s City and hauler guidelines and
instructions for storing, disposing of, and setting out all solid waste, including
placement of trash and recyclables in appropriate carts for each type of solid waste
with the lid fully closed. Carts must be placed for curbside collection adjacent to
the street or alley, unless the RDU has been approved for walk-up service
collection. Solid waste shall be set out at ground-level and not obstruct the
roadway. All solid waste must be set out and collected such that no solid waste is
left adjacent to the street or alley after collection.
. . .
Section 9. Sub-section 601.11 of the Richfield Code of Ordinances is hereby
repealed in its entirety and replaced with the double-underlined language below:
601.11. Specific duties of multi-family residential buildings.
In addition to the duties described in sub-section 601.07 and sub-section
544.05 of the Richfield Zoning Code, it shall be the responsibility of each multi-
family residential building and its owner or management to ensure:
Page 179 of 187
4
(1) Solid waste from a multi-family residential building shall be collected
no less than once each week and as often as once each business day if necessary
to protect public health.
(2) In accordance with Minnesota Statutes, Section 115A.552 and
Hennepin County Ordinance 13, available space for the collection of recyclable
materials shall be sufficient to contain all recyclable materials generated from the
building.
(3) Weekly service capacity for recyclable materials shall be a minimum
of .09 cubic yards per residential dwelling unit, or one cubic yard per 11 dwelling
units.
(4) In accordance with Hennepin County Ordinance 13, separate,
labeled bins for the disposal of recyclable material shall be located in close
proximity to the collection point for garbage.
(5) In accordance with Hennepin County Ordinance 13, instructions
related to the collection of solid waste within the building shall be distributed in print
or electronic form annually to each tenant located at the premises. Instructions
must detail location of collection points, accepted recyclable materials, and, if
provided, accepted organic materials. In the case of a service change, the
responsible party shall offer new instructions no later than 30 days after the
change.
(6) Upon written request from the city, information related to sub-section
601.11(1) through (5) shall be provided to the city in written form or through a site
inspection.
Section 10. Section 601 of the Richfield Code of Ordinances is hereby amended
by adding the new sub-section 601.13 with the double-underlined language below and
re-numbering other sub-sections as necessary:
601.13. Specific duties of non-RDUs other than multi-family residential buildings.
In addition to the duties described in sub-section 601.07, it shall be the joint
and several responsibility of every occupant of a non-RDU other than multi-family
residential buildings, as described in sub-section 601.11, to perform the following
duties:
(1) Arrange for the collection of solid waste by a hauler pursuant to a
private contract that provides for at least weekly collection of the same in an
approved disposal facility that has been approved by the City and the county.
(2) Follow the City's guidelines and instructions for RDUs related to
storing, disposing of, and setting out all solid waste, including placement of solid
Page 180 of 187
5
waste in suitable and sufficient carts or receptacles with tight fitting covers and with
the lid fully closed.
(3) Place carts or containers at curbside no more than 12 hours before,
but no later than, the onset of the collection hours on collection day and remove
the containers by the end of collection day.
(4) Follow the County’s guidelines and instructions for commercial,
industrial, and institutional buildings and establishments related to the collection of
recyclable materials as outlined in Hennepin County Ordinance 13.
Section 11. Sub-section 601.19 of the Richfield Code of Ordinances is hereby
amended by deleting the following struckthrough language below:
601.19. Collection vehicles used for hauling.
All haulers shall collect solid waste from RDUs and non-RDUs in
appropriate vehicles approved by the City and shall be equipped to meet all
federal, state, county, and City laws, statutes, regulations, ordinances, policies,
and contracts concerning vehicles used on City streets and alleys and maintained
to meet those standards.
Section 12. Subdivision 1 of sub-section 601.21 of the Richfield Code of
Ordinances is hereby amended by adding the following double-underlined language and
deleting the following struckthrough language below:
601.21. Hauling license application and renewal.
Subdivision 1. Except for solid waste hauling pursuant to sub-section
601.05, A a City license is required for all haulers of solid waste operating in the
City for RDUs and non-RDUs.
. . .
Section 13. Sub-section 601.27 of the Richfield Code of Ordinances is hereby
amended by adding the following double-underlined language and deleting the following
struckthrough language below:
601.27. Hauler service and reporting requirements.
Subdivision 1. Every hauler shall provide recycling service to each RDU or
non-RDU customer from whom solid waste is collected.
Subd. 2. Every hauler shall report to the City’s Sustainability Solid Waste
Specialist, within 30 days after the end of each calendar year, all weight receipts
received from the county for solid waste collected from RDUs in the City. All
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6
haulers shall report any tonnage information requested by City staff as part of the
license renewal application.
Subd. 3. No hauler shall dispose of solid waste upon any lands in the City,
except at an approved disposal site, such as a transfer station, county and City
approved site, or waste processing facility. An approved disposal site in the City is
a site for disposal of solid waste approved by the City, licensed by the county in
accordance with Minnesota Statutes, section 473.811, subdivision 5a and
operated and conducted in accordance with all federal, state, county, and city
requirements. This Section shall not be construed as limiting the disposal of solid
waste to sites only within the City or the county.
Subd. 4. Every hauler shall comply with all requirements of this Section.
Subd. 5 4. Every hauler for RDUs shall comply with all federal, state, county,
and City laws, statutes, regulations, ordinances, policies, and contracts.
Section 14. Sub-section 601.33 of the Richfield Code of Ordinances is hereby
amended by deleting the following struckthrough language below:
601.33. Penalty.
Violation of any provision of this Section shall be a misdemeanor. Civil
penalties may also be issued pursuant to Section 12.15 of the City Charter and
Section 1.19 of this Richfield Code of Ordinances. Nothing in this Section shall be
constructed to limit the City's other available legal remedies for any violation of the
law, including without limitation, criminal, civil and injunctive actions.
Section 15. Sub-section 601.37 of the Richfield Code of Ordinances is hereby
amended by adding the following double-underlined language and deleting the following
struckthrough language below:
601.37. Delinquent RDU accounts.
Subdivision 1. Each RDU owner or its duly authorized property manager
paying for collection of solid waste and for other collection services, must pay the
total amount set forth in the bill on or before the due date listed on the bill. Failure
to make payment by the due date listed on the bill will result in a late fee
assessment of five percent (5%) per month of the total amount due and owing.
Subd. 2. Accounts shall be considered delinquent when any portion of the
balance due exceeds thirty (30) days past the original due date.
Subd. 3. By August 1st of each year, haulers must submit all unpaid RDU
balances greater than one hundred dollars ($100.00) to the City, along with
documentation of the hauler’"s hauler’s efforts to collect. City staff will verify the
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7
accuracy of the unpaid balance and send the unpaid balances list to the City
Finance Department for processing. If any RDU makes payment on a delinquent
account after August 1 and before the City sends assessment letters in September,
the hauler will notify the City of the amounts paid.
Subd. 4. The Finance Department City will prepare an assessment roll for
the delinquent amounts and will schedule a public hearing with the City Council in
October of each year for adoption of the assessment roll.
Subd. 5. If, prior to or following the public hearing, any hauler receives
payment on any delinquent RDU account, the hauler will notify the City of the
amounts paid.
Subd. 6. After the public hearing in October, the City will reimburse the
haulers for their respective total of delinquent amounts to be assessed by the City.
After the public hearing, any payments received by the haulers on delinquent
accounts must be submitted to the City.
Subd. 7. The City Finance Department will accept track payments on
delinquent accounts up until November 15 of each year. Thereafter, the City will
certify all remaining delinquent charges to Hennepin County for assessment and
collection along with property taxes.
Subd. 8. The City reserves the right to change its assessment procedure
described in this Section. The City will communicate any changes in its
assessment procedure to the haulers in advance of the changes.
Section 16. This ordinance will be effective in accordance with Section 3.09 of
the City Charter.
Adopted by the City of Richfield this ___ day of _________, 2025.
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 183 of 187
RESOLUTION NO. XXXXX
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE AMENDING SECTION 601 OF THE RICHFIELD CITY CODE
PERTAINING TO SOLID WASTE DISPOSAL, COLLECTION, AND HAULING
WHEREAS, the City has adopted the above-referenced amendment of the
Richfield City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the
expense of publication of the complete text is not justified;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. 2025-xx
AN ORDINANCE AMENDING SECTION 601 OF THE CITY CODE
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance, which amends City Code Section 601: Solid Waste Disposal,
Collection, and Hauling, related to Hennepin County Ordinance 13 detailing multi-unit
recycling requirements that cities need to abide by, and include in their own code to be
able to enforce.
Copies of the ordinance are available for public inspection in the City Clerk’s
office during normal business hours or upon request by calling the City Clerk at 612-
861-9739.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
August, 2025.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 184 of 187
City Council Meeting 8/26/2025
Agenda Section: Other Business
Agenda Item: 12.a.
Report Prepared By:
Mark McKinley, Administrative Assistant
Department Director:
Katie Rodriguez, City Manager
Item for Consideration:
Consideration of the appointment of youth commissioner to City advisory
board/commissions.
EXECUTIVE SUMMARY
City advisory commission terms for youth members are for one year and terms expire
on August 31, 2025. The City Manager’s office conducted a recruitment seeking
applicants to fill the youth vacancies for 2025-2026. This recruitment included
information on the City’s website, Facebook page, and communication with the local
high schools.
Applications received were forwarded to Council for review.
HISTORICAL CONTEXT
RECOMMENDED ACTION
By motion: Approve the appointment of Rose Thompson to the Sustainability
Commission as a youth commissioner.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Youth commissioners bring lived experiences and perspectives that are often missing in
decision making. Appointing youth commissioners ensures policies and programs are
shaped by those directly impacted.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
City advisory commissions were established by City ordinance or resolution.
CRITICAL TIMING ISSUES
Terms of City advisory commission youth members expire on August 31, 2025.
FINANCIAL IMPACT
LEGAL CONSIDERATIONS
Page 185 of 187
ALTERNATIVE RECOMMENDATION(S)
The City Council may choose to defer the appointments to a future City Council
meeting; however, this would leave vacancies on the board/commissions.
ATTACHMENTS
1. Youth commission vacancies - 2025
Page 186 of 187
Youth commission vacancies - 2025
Advisory Board of Health 1 youth vacancy
Arts Commission 1 youth vacancy
Community Services Commission 2 youth vacancies
Human Rights Commission 2 youth vacancies
Sustainability Commission 2 youth vacancies
Transportation Commission 2 youth vacancies
Page 187 of 187