2026-09-22 City Council Agenda
Richfield City Council Agenda
September 22, 2026 -- 7:00 PM
Richfield Municipal Center
Council Chambers
6700 Portland Avenue South
1. Call to Order
2. Pledge of Allegiance
3. Proclamations and Presentations
a. Proclamation recognizing Hispanic Heritage Month
b. Proclamation recognizing Carol Fitzgerald Scholarship
4. Approval of the Agenda
5. Approval of Minutes
a. Minutes of the September 8, 2026 City Council and Planning Commission Joint Work
Session.
b. Minutes of the September 8, 2026 City Council Regular Meeting.
6. 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
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. 2027 Benefit Contributions
c. The Urban Area Security Initiative (UASI) program funds address the unique risk-driven
and capabilities-based planning, organization, equipment, training and exercise needs
of high-threat, high-density Urban Areas based on the capability targets identified
during the THIRA process and associated assessment efforts; and assists them in
building an enhanced and sustainable capacity to prevent, protect against, mitigate,
respond to, and recover from acts of terrorism.
d. Consideration of the approval of a second reading of an ordinance amending Section
617 of the Richfield City Code related to mobile food units and corresponding
resolution and summary publication of said ordinance.
e. Consider the approval of a lease agreement between the City of Richfield and 6232
Lyndale, LLC, for the use of a parcel of land owned by the City of Richfield on Lyndale
Avenue, and consider authorizing staff to execute the agreement.
8. Consideration of Items, if Any Removed From Consent Calendar
9. Public Hearings
10. Proposed Ordinances
11. Resolutions
a. Adopt the attached resolutions establishing the 2027 preliminary budget and property
tax levy, setting the date for the Truth in Taxation hearing, authorizing budget revisions,
authorizing revision of 2026 department budgets, and approving City fees for 2027.
12. Other Business
a. Consideration of the appointment of an alternate commissioner to the Arts
Commission.
b. Consideration of the appointment of a youth commissioner to the Sustainability
Commission.
13. City Manager’s Report
Page 1 of 119
14. Council Discussion
a. Hats off to Hometown Hits
b. Council Liaison Reports
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.
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Proclamation of the City of Richfield
WHEREAS, National Hispanic Heritage Month is observed from September 1st to September 30th,
2026, to promote and celebrate the rich cultures, traditions, and contributions of the Hispanic and Latin
American communities; and
WHEREAS, Hispanic Heritage Month originated as Hispanic Heritage Week in 1968. In 1988, the
week was expanded to a month through legislation sponsored by Representative Esteban Torres,
amended by Senator Paul Simon, and signed into law by President Ronald Reagan; and
WHEREAS, from groundbreaking achievements in science, art, and politics to the flavors that spice
up our kitchens and the music that moves our souls, this month is a tribute to the enduring influence of
Hispanic heritage on American history and identity; and
WHEREAS, government institutions, including the U.S. military, take this time to honor Hispanic
Americans who have served and continue to serve the nation. For instance, the U.S. Army honors the
dedication and achievements of Hispanic soldiers throughout its history. At the same time, the Navy
acknowledges the significant roles Hispanic service members have played since the Civil War; and
WHEREAS, notable events, such as the Northwest Arkansas Hispanic Heritage Festival and the El
Barrio Latin Jazz Festival in New York, as well as cultural programs hosted by the Smithsonian Institution,
showcase the rich traditions and talents within the Hispanic community; and
WHEREAS, these observances promote diversity, inclusion, and appreciation for Hispanic service
members and their families. Various organizations, cities, and cultural institutions also host public events
throughout the month. These include festivals, concerts, art exhibits, film screenings, educational
workshops, and heritage celebrations; and
WHEREAS, in recent years, digital platforms have also played an increasingly significant role.
Initiatives like the Hispanic Star utilize online campaigns and virtual events to highlight Hispanic pride,
share success stories, and foster community engagement;
NOW, THEREFORE, I, Mary Supple, Mayor of the City of Richfield, and on behalf of the Richfield
City Council, do hereby proclaim September 1, 2026 through September 30, 2026 as National
Hispanic Heritage Month in Richfield, and call on the residents of Richfield to observe this period
with appropriate programs, activities, and ceremonies, and continue to honor the contributions of
our Hispanic American community.
PROCLAIMED this 22nd day of September, 2026.
Mary B. Supple, Mayor
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Proclamation of the City of Richfield
WHEREAS, the City of Richfield celebrates individuals and organizations whose
generosity and dedication to the community have made a lasting difference in the lives of our
youth; and
WHEREAS, Larry Fitzgerald Jr., member of the Academy of Holy Angels Class of 2001
and first-ballot Pro Football Hall of Fame inductee, has supported countless students through
the Carol Fitzgerald Scholarship, established in honor of his late mother; and
WHEREAS, the Carol Fitzgerald Scholarship awards scholarships to students of color or
students in financial need who meet academic eligibility requirements and participate in at least
one sport or activity during the duration of their enrollment; and
WHEREAS, Carol Fitzgerald led by example and was deeply involved with a variety
causes related to Minnesota public health, instilling the importance of dedicating time and
resources to her family; and
WHEREAS, Larry has championed Carol’s legacy through the Carol Fitzgerald
Scholarship, upholding her commitment to youth, community, and education; and
WHEREAS, during his recent hall of fame induction speech, Larry stated “there’s never
much traffic on the extra mile in life. Bring others along with you, don’t just pursue excellence for
yourself, help others pursue it too. That’s the part of this story that matters the most – it’s not the
likes, it’s not the follows, it’s not the fame, but the people you travel with, the values you uphold;
and in the end, it’s not just about excellence, it’s about the people who you help get there”;
NOW, THEREFORE, I, Mary Supple, Mayor of the City of Richfield, and on behalf of the
Richfield City Council, do hereby proclaim September 18, 2026, as Larry Fitzgerald Day in
the City of Richfield and invite Richfield residents to join in honoring Larry Fitzgerald Jr.
and the lasting legacy of the Carol Fitzgerald Scholarship, dedicated to expanding
educational opportunities for students in financial need in our community.
PROCLAIMED this 18th day of September, 2026.
Mary B. Supple, Mayor
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Page 1 of 2
September 8, 2026
Richfield Council Joint Work Session Minutes
September 8, 2026
Richfield Municipal Center
Bartholomew Conference Room
6700 Portland Avenue South
Richfield, MN 55423
1. Call to Order
Mayor Supple called the Council and Planning Commission joint work session meeting to order at 5:45
pm, in Bartholomew room.
Council Present: Mayor Supple, Sean Hayford Oleary, Sharon Christensen, and Walter Burk.
Excused: Council Member Coleman-Woods.
Planning
Commissioners:
Jeff Walz, Matt Taraldsen, Cole Hooey, Ben Surma.
Jacob Pederson arrived at 5:51 pm.
Excused: Eddie Homvig-Johnson, Sephanie Kolakowski.
Staff Present: Sack Thongvanh, Assistant City Manager; Sam Crosby, City Planner; and
Michelle Friedrich, City Clerk.
Guest Presenter: Lance Bernard, Director of Planning, TC2.
2. Item Discussion
a. Comprehensive Plan Phase One
City Planner Crosby introduced the Better Together, Richfield 2050 Comprehensive Plan process.
City Planner Crosby noted that the City is at the beginning of its comprehensive planning process,
which will establish a long-range planning document to guide the City’s future growth and
development. She introduced Lance Bernard, Director of Planning, TC2, and added that Mr. Bernard
has been retained as the lead consultant for the project.
Mr. Bernard provided an overview of the Comprehensive Plan update, including the 2050 planning
horizon, Metropolitan Council requirements, key planning areas, and coordination with other City
planning efforts. Mr. Bernard reviewed the project timeline and three-phase process, with community
engagement and policy development occurring through 2027 and final review and adoption
anticipated in 2028. Mr.
Bernard outlined the community engagement strategy, including the Comprehensive Plan Advisory
Committee, community pop-ups, stakeholder outreach, and interactive activities focused on
residents’ lived experiences, storytelling, mapping, and art. Mr. Bernard presented the “Better
Together: Richfield 2050” website as a resource for information and ongoing public input. Mr. Bernard
reviewed the proposed Phase 1 community engagement activities.
Council and Planning Commission provided feedback regarding the engagement questions and
project website. Council and Planning Commission recommended providing opportunities for
residents to identify new ideas for the City, improving website navigation and clarity, making
engagement opportunities more prominent and mobile-friendly, adding multi-line response fields,
simplifying project update sign-up, and providing a shorter website address and links to the City’s
website. Council and Planning Commission provided feedback on expanding participation among
young people and senior citizens. Staff agreed to incorporate the feedback and further refine the
engagement materials and noted that engagement materials will be translated into Spanish and
Somali to support broader community participation.
3. Adjournment
Mayor Supple adjourned the work session meeting at 6:33 pm.
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Page 2 of 2
September 8, 2026
Date approved: September 22, 2026
Mary Supple
Mayor
Michelle Friedrich Katie Rodriguez
City Clerk City Manager
Page 6 of 119
ITEM #1
CALL TO ORDER
The meeting was called to order by Mayor Supple at 7:00 p.m. on September 8, 2026, in the
Council Chambers.
Council Present:
Council Excused:
Mary Supple, Mayor; Walter Burk, Sean Hayford Oleary, and
Sharon Christensen.
Rori A. Coleman-Woods.
Staff Present:
Guests Present:
Sack Thongvanh, Assistant City Manager; Melissa Poehlman,
Community Development Director; Jennifer Anderson,
Support Services Manager; Mary Tietjen, City Attorney; and
Michelle Friedrich, City Clerk.
Jacob Stein, Larkin Hoffman Law Attorney; Steve Minn, Lupe
Development Partners.
ITEM #2
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
ITEM #3
APPROVAL OF THE AGENDA
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Burk to approve
the agenda as presented.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, and Council
Member Christensen.
Motion carried: 4-0
ITEM #4
APPROVAL OF MINUTES
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Christensen to
approve the minutes of the (4a) City Council Work Special Meeting from August 14, 2026, (4b) City
Council Regular Work Session from August 25, 2026, and (4c) City Council Regular Meeting from
August 25, 2026.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Council Regular Meeting
September 8, 2026
Page 7 of 119
City Council Meeting Minutes -2- September 8, 2026
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, and Council
Member Christensen.
Motion carried: 4-0
ITEM #5
OPEN FORUM
Mayor Supple noted the process for individuals wishing to speak during Open Forum and reviewed
the three-minute time limit for public comments and explained the use of time warning cards to alert
the speaker when their time is almost expired. Instructions were given for speakers to state their
name and city of residence before speaking. Mayor Supple requested speakers adhere to the
established timeline so that everyone has an opportunity to speak. Mayor Supple noted Council will
listen to the speakers but will not engage in debate at this time. If there are questions, staff will
provide responses by email or at the next Council meeting.
Three residents spoke during Open Forum, and one email submission was received.
Birgit Johnson, Richfield resident, spoke in support of preserving Veterans Park’s natural habitat,
highlighting its wildlife and birding significance and the community’s longstanding interest in
protecting the park.
Kathleen Balaban, Richfield resident, expressed opposition to a proposed apartment development
and related resolution, citing concerns regarding wildlife, building size and placement, and potential
costs associated with an easement. Ms. Balaban also raised concerns regarding the City’s process
of accepting applications to the Charter Commission and requested that the application process be
reviewed.
Angie Reiger, Richfield resident, questioned whether Flock Safety could be trusted, citing concerns
about reported federal and unauthorized access to camera data across multiple states and agencies
as well as alleged inconsistencies between the company’s public statements and reported data-
sharing practices. Ms. Reiger requested that the City carefully consider these concerns.
Mayor Supple thanked residents for their comments and noted that the Human Rights Commission
plans to hold a panel discussion on Flock cameras in October, with additional information to be
provided as it becomes available.
The Mayor also noted that, at the last Human Rights Commission meeting, a resident asked
whether the effectiveness of policing with Flock cameras could be documented. The Mayor asked
Police Chief Henthorne if he could provide clearance rates from before and after the implementation
of the Flock cameras. The information will be added to the FAQ within the next day or two.
ITEM #6
PROCLAMATIONS AND PRESENTATIONS
None.
ITEM #7
CONSENT CALENDAR
Assistant City Manager Thongvanh presented the consent calendar.
a. Approve Disbursements/Claims
U.S. BANK
A/P Checks/ETF’s: (08-15-2026 through 08-28-2026) $3,513,073.31
Payroll (08-28-2026) $1,220,516.81
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City Council Meeting Minutes -3- September 8, 2026
TOTAL $4,733,590.12
b. Consider approval of the first amendment to the 2025 Public Health Preparedness
Services agreement with Bloomington Public Health.
c. Consider the approval of a resolution approving a cooperative construction agreement
between Three Rivers Park District, City of Edina and the City of Richfield for the design
and construction of a connecting trail from the Southdale Library through Adams Hill Park
to the Nine-Mile Creek Regional Trail, and authorizing staff to execute the agreement and
proceed with the project.
RESOLUTION 12446
APPROVING A COOPERATIVE CONSTRUCTION AGREEMENT BETWEEN THREE
RIVERS PARK DISTRICT, CITY OF EDINA AND THE CITY OF RICHFIELD FOR THE
DESIGN AND CONSTRUCTION OF A CONNECTING TRAIL FROM THE SOUTHDALE
LIBRARY THROUGH ADAMS HILL PARK TO THE NINE-MILE CREEK REGIONAL
TRAIL, AND AUTHORIZING STAFF TO EXECUTE THE AGREEMENT AND PROCEED
WITH THE PROJECT
d. Moved to Item 8a: Consideration of updates to the City's Affordable Housing Trust Fund
Priorities.
e. Consideration of a resolution approving the Affordable Housing Trust Fund 2026 Revised
Budget and 2027 Budget.
RESOLUTION 12447
ADOPTING AN AFFORDABLE HOUSING TRUST FUND BUDGET FOR THE YEAR
2026 REVISED AND 2027
f. Consider the second reading and summary publication of an ordinance approving
changes to subsection 400.21 and the addition of subsection 400.22 to the city code
pertaining to fire prevention.
RESOLUTION 12448
APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING CHAPTER
IV OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO FIRE PREVENTION
BILL 2026-07
AMENDING CHAPTER IV OF THE RICHFIELD CODE OF ORDINANCES PERTAINING
TO FIRE PREVENTION
MOTION: made by Council Member Burk, seconded by Council Member Christensen, to
approve Consent Calendar items 7a-c, and 7e-f as presented. Council requested Item 7d be
pulled for further discussion and moved to Section 8, as Item 8a.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, and Council
Member Christensen.
Motion carries: 4:0
ITEM #8
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
a. Item moved from 7d: Consideration of updates to the City's Affordable Housing Trust Fund
Priorities.
Mayor Supple introduced item 8a, Consideration of updates to the City's Affordable Housing Trust
Fund Priorities.
Council requested clarification regarding language in the executive summary and priorities and
procedures, specifically whether the proposed changes would affect the automatic qualification or
approval process for applicants. Staff clarified that the proposed policy changes implement
Page 9 of 119
City Council Meeting Minutes -4- September 8, 2026
the previously approved Housing and Redevelopment Authority and City Council policy regarding 4d
tax classification.
Staff noted the changes clarify that projects receiving Affordable Housing Trust Fund awards will not
automatically qualify for 4d tax classification, and that the filing of restrictive covenants and income
qualifications does not result in automatic approval. Staff added that the revised language changes
“will” to “may” and adds language explicitly stating that Trust Fund awards do not automatically
result in approval.
Council clarified that the proposed changes would not preclude a project from receiving the 4d
tax classification but would require a deliberate decision after reviewing the tax impacts of each
project. Staff confirmed that the intent is to prevent automatic approval and ensure the
implications are considered before applying the applicable declarations and income restrictions.
MOTION: made by Council Member Burk, seconded by Council Member Hayford Oleary, to
approve updates to the City's Affordable Housing Trust Fund Priorities and Procedures.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, and Council
Member Christensen.
Motion carries: 4:0
ITEM #9
PUBLIC HEARINGS
None.
ITEM #10
PROPOSED ORDINANCES
a. Consideration of the approval of a first reading of an ordinance amending Section 617 of
the Richfield City Code related to mobile food units (food trucks).
Council Member Christensen presented staff report 10a, consideration on first reading to amend
Section 617 of the Richfield City Code regarding the operation of mobile food units (food trucks).
Council Member Christensen added the proposed ordinance addresses definitions, property owner
consent, approved operating locations, performance standards, and licensing fees, and staff
requested approval of the first reading.
Staff reviewed the draft ordinance adding mobile food unit provisions to the existing food
establishment code, including licensing, exemptions, permitted locations, and performance
standards. Staff noted a minor sidewalk-facing correction and clarified that the ordinance would
allow year-round operation under an annual license, expanding opportunities beyond temporary
permits for special events.
MOTION: made by Council Member Christensen, seconded by Council Member Burk,
approving the first reading of an ordinance amending Section 617 of the Richfield City Code
related to the operation and use of mobile food trucks in Richfield.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, and Council
Member Christensen.
Motion carries: 4:0
ITEM
#11
RESOLUTIONS
a. Consideration of a Conditional Use Permit and Site Plan Approval for a multifamily
residential development of 290 units in two buildings at 6501 Portland Avenue.
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City Council Meeting Minutes -5- September 8, 2026
Council Member Hayford Oleary introduced staff report 11a and presented a request for a
conditional use permit and site plan approval for a 290-unit, five-story multifamily development at
6501 Portland Avenue, to be constructed in two phases with workforce family and senior housing.
Staff reviewed code compliance issues, discretionary conditions, Planning Commission review and
public hearing comments, and revisions to conditions regarding a potential 66th Street
connection and bird-collision reduction plan. Staff recommended approval of the resolution
with conditions addressing these and other site, parking, landscaping, accessibility, and
design requirements.
Council asked how necessary sanitary sewer upgrades would be funded, and staff stated that the
developer intends to include those costs in the project’s financial budget and does not expect the
City to fund the improvements. Staff also clarified that the housing variety requirement in the
Veterans Park Overlay District was originally intended to encourage different forms of housing, but
the Council could determine that the proposed workforce and senior housing satisfies the intent of
the requirement.
Jacob Stein, Larkin Hoffman Attorney, thanked staff and the Planning Commission for their
recommendations but stated that the applicant continued to object to several proposed conditions of
approval. Mr. Stein referenced specific concerns raised regarding the future 66th Street connection,
bird-collision reduction requirements, bicycle parking and access, and restrictions affecting
proposed building materials and glazing, with the applicant requesting revisions to maintain flexibility
and comply with applicable law and building requirements.
Steve Minn, Lupe Development Partners, requested flexibility to use artwork on exposed walls if the
project budget permits, while retaining the option for glass block where required by code. Mr. Minn
also requested allowing a dead-end fire hydrant line to preserve existing trees, proposed use of
bird-deterrent window film on a portion of the building, and asked that bicycle racks located in front
of underground parking spaces count toward required bicycle parking. Mr. Minn confirmed that
the development would provide pet waste stations throughout the property and participate in a dog
DNA registration program to identify and address uncollected pet waste.
Council discussed outstanding conditions related to the proposed 290-unit multifamily development,
including the 66th Street connection, tree preservation and utility looping, housing variety, bird-
collision mitigation, and flexibility regarding windows and artwork.
Mr. Minn raised concerns regarding future roadway obligations, tree impacts, and certain building
design conditions, while staff clarified the applicable requirements and available administrative
discretion. Council adopted three amendments addressing ADA sidewalk clearance, bicycle parking
accessibility, and flexibility for windows in locations where artwork was approved. Council also
discussed parking requirements, EV charging, landscaping, fencing, and the bird-collision reduction
plan.
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Burk, approving
amendment of the resolution for a Conditional Use Permit and Site Plan for the multifamily
residential development of 290 units in two buildings at 6501 Portland Avenue subject to the
conditions recommended by staff, with three amendments to the conditions, including:
Amendment a: Pedestrian routes through the property must maintain minimum ADA
clearance on sidewalks that abut parking stalls at a perpendicular angle, including when
vehicles are parked in these stalls. Carried 4-0;
Amendment b: bicycle parking requirements clarified that sufficient space must be provided for
user access and clearance and requires that the minimum of one bicycle parking space per
unit be provided in a manner that allows each bicycle to be accessed without moving a vehicle
or other obstruction. Carried 3-1;
Amendment c: regarding condition g, include discretion of artwork or windows and allowing
developer the choice and append sentence where art is shown in approved plans, developer
may use windows or artwork, with Community Development Director’s approval. Carried 3-1.
Council stated differing views regarding housing variety.
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City Council Meeting Minutes -6- September 8, 2026
RESOLUTION 12449
APPROVING A CONDITIONAL USE PERMIT FOR TWO PHASES OF MULTIFAMILY HOUSING -
ONE AGE RESTRICTED, AND BOTH INCOME RESTRICTED AT 6501 PORTLAND AVENUE
Voting Aye: Mayor Supple, Council Member Hayford Oleary, and Council Member Christensen.
Voting Nay: Council Member Burk.
Motion carries: 3:1
At the request of Mayor Supple, Mr. Minn discussed potential future requests for financial
assistance and related policy exceptions, which staff confirmed could be submitted for HRA and
Council consideration.
ITEM #12
OTHER BUSINESS
a. Consider the Charter Commission's recommendations for amendments to the current City
Charter by ordinance and publish a notice of public hearing on the proposed City Charter
Amendments.
Council Member Burk presented staff report 12a, considering Charter Commission’s
recommendations for amendments to the Current City Charter. City Attorney Tietjen explained the
proposed Charter amendment clarifying birth-year requirements on election petitions and noted the
Charter Commission supported the amendment and will provide recommendations. City Attorney
Tietjen Council added Council will need accept the Commission’s letter and authorize staff to
publish notice of a public hearing as the first steps in the Charter amendment process.
MOTION: made by Burk, seconded by Hayford Oleary, to accept the letter from the Charter
Commission transmitting the recommendations for proposed amendments to the Richfield City
Charter; and authorize staff to publish a public hearing notice.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, and Council
Member Christensen.
Motion carries: 4:0
ITEM #13
CITY MANAGER’S REPORT
Assistant City Manager Thongvanh addressed concerns raised at the previous Council meeting
regarding the use of Flock automatic license plate readers (ALPR). Assistant City Manager
Thongvanh noted the City emphasized privacy, accountability, data collection, retention, and access
safeguards, noting that the Police Department’s FAQ provides information to residents and will be
updated as needed. Assistant City Manager Thongvanh stated the goal is to use effective
technology to protect our community and assist crime victims while maintaining strong legal
safeguards, privacy protections, accountability, and transparency.
We recognize that public trust is essential. Our commitment is to continue answering questions,
providing information, and ensuring that these tools are used responsibly and consistent with both
the law and the community’s expectations.
Assistant City Manager Thongvanh emphasized that the City and Police Department comply with
applicable statutory requirements and have completed the required biennial audit.
Council acknowledged staff’s efforts to provide additional information and address
community concerns regarding the technology. Council noted that some concerns involve broader
policy and ethical considerations that cannot be addressed through an FAQ and supported
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City Council Meeting Minutes -7- September 8, 2026
continued discussion regarding appropriate community response. Council also recognized the
safeguards implemented by staff to promote safe and responsible use of the technology.
ITEM #14
COUNCIL DISCUSSION
a. Hats off to Hometown Hits.
Mayor Supple noted the Human Rights Commission is planning an October panel discussion
to provide additional information and address community questions regarding the use of license
plate reader technology. Mayor Supple added that staff and the Police Department are
compiling responses to technical questions, including information on whether the technology has
affected violent-crime clearance rates, which will be added to the City’s FAQ.
Council Member Christensen reminded residents of the upcoming Penn Fest on
Sunday, September 20, from noon to 5:00 p.m. along Penn Avenue from Crosstown
to approximately 76th Street. Council Member Christensen added the event will feature food trucks,
hundreds of vendors, City staff, and activities for all ages.
Council Member Hayford Oleary noted the Transportation Commission held its annual bike tour of
construction and transportation projects throughout the city, including crossings at I-35W and 66th
Street, the future 73rd Street overpass, the Penn Avenue corridor, and Safe Routes to School
improvements. Council Member Hayford Oleary added the Commission reported completion of
the Sheridan Hills project, including new sidewalk improvements.
Council Member Burk mentioned Mayor Supple’s comment regarding the Human Rights
Commission and added that the Police Chief is working to have representatives from Flock, and
its government relations team participate in the upcoming Human Rights Commission discussion
to address public questions regarding the company’s use and handling of information.
Mayor Supple noted that City Manager Rodriguez will consult with the Council upon her return to
determine which Council Members will participate in the discussion panel and noted the panel is
tentatively scheduled for October 6, pending final details. Mayor Supple promoted the launch of the
City’s comprehensive planning process and encouraged residents to provide input through
the City’s website. Mayor Supple noted information is available for businesses on the
Revive program, which offers funding assistance for improvements to older commercial buildings.
Mayor Supple closed Council Discussion by noting that City Manager Rodriguez plans to retire in
early 2027 and that the City Manager and Fire Chief positions are currently being recruited.
b. Council Liaison Reports
Liaison reports were reviewed during Hats off to Hometown Hits.
ITEM #15
ADJOURNMENT
MOTION: made by Council Member Burk, seconded by Council Member Christensen to adjourn the
meeting at 9:07 pm.
Voting Aye: Supple, Hayford Oleary, Christensen, and Coleman-Woods.
Motion carries: 4:0
Date Approved: September 22, 2026
Mary Supple
Mayor
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City Council Meeting Minutes -8- September 8, 2026
Michelle Friedrich Katie Rodriguez
City Clerk City Manager
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City Council Meeting 9/22/2026
Agenda Section: Consent Calendar
Agenda Item: 7.a.
Report Prepared By:
Michelle Friedrich, City Clerk
Department Director:
Mary Bogie, Interim Finance Director
Item for Consideration:
Approve Disbursements/Claims
EXECUTIVE SUMMARY
U.S. BANK
A/P Checks/Wires (08-29-2026 through 09-11-2026) $900,166.53
Payroll (09-11-2026) Includes health insurance premiums for
September 2026.
$1,435,290.00
TOTAL: $2,335,456.53
RECOMMENDED ACTION
By Motion: Approve dispursements and claims.
HISTORICAL CONTEXT
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
CRITICAL TIMING ISSUES
FINANCIAL IMPACT
LEGAL CONSIDERATIONS
ALTERNATIVE RECOMMENDATION(S)
Page 15 of 119
ATTACHMENTS
1. 091526 check summary wo numb_Redacted
Page 16 of 119
City Council Meeting 9/22/2026
Agenda Section: Consent Calendar
Agenda Item: 7.b.
Report Prepared By:
Kate Croteau, Human Resources Director
Department Director:
Kate Croteau, Human Resources Director
Item for Consideration:
2027 Benefit Contributions
EXECUTIVE SUMMARY
The City contributes to the cost of premiums for three health insurance plan options
available to City employees. This staff report outlines the City’s contributions toward
health insurance premiums for both regular full-time and regular part-time employees. A
detailed breakdown of each plan, monthly premium, city's contribution and employee
costs is outlined in Attachment A.
For 2027, health insurance premiums will increase by 11.49%, based on the City
remaining at the highest band level (Band 11). The band levels are determined by
HealthPartners, Gallagher, and LOGIS, and are based mainly on claims experience. In
early 2026, LOGIS submitted an RFP for health insurance coverage. As a result, LOGIS
remained with HealthPartners receiving a three-year rate guarantee.
There are no changes to dental coverage rates for 2027. As a member of LOGIS, the
City’s life insurance provider remains Securian which is on a rate hold through 2028,
and the long-term disability carrier remains with MetLife. Our Employee Assistance
Program (EAP) coverage will also remain the same with AllOne Health.
RECOMMENDED ACTION
By Motion: Adopt a resolution designating the City's contribution toward health,
dental, term life, and long-term disability insurance premiums for 2027.
HISTORICAL CONTEXT
HEALTH INSURANCE
The City will continue offering group health plans through HealthPartners (HP).
Plan Options:
Three High-Deductible Health Plans (HDHPs) with Health Savings Accounts (HSAs).
Employees can choose from three provider networks:
1. Open Access
2. Perform (slightly less costly, excluding Mayo Clinic)
3. Achieve (up to 6% cheaper; limited to HealthPartners and Park Nicollet Care
Systems)
Page 17 of 119
Flexibility in Coverage. The City, through LOGIS, will maintain a four-tier coverage
system:
1. Employee Only
2. Employee + Spouse
3. Employee + Child(ren)
4. Family
Full-Time Employees (30+ Hours/Week).
Employee Only Tier, City Pays 100% of the premium:
• Monthly City premium range: $1,085.00 – $1,286.00
• HSA Contribution Up to $200 per month
Employee + Spouse / Employee + Child(ren) Tiers, 11.49% average premium increase
split between the City and employee:
• City Contributions between $1,777.88 and $1,880.88 per month.
Family Tier, 11.49% average premium increase split between the City and employee:
• City Contributions between $2,106.34 and $2,217.84 per month
Part-Time (20-29 Hours/Week), 11.49% average premium increase split between the
City and employee.
Employee Only Tier 11.49% average premium increase split between the City and
employee:
• Monthly City premium range: $884.63 and $1,027.50 per month.
Employee + Spouse / Employee + Child(ren), Tiers 11.49% average premium increase
split between the City and employee:
• City Contributions between $1,020.71 and $1,123.71 per month
Family Tier, Tiers, 11.49% average premium increase split between the City and
employee:
• City Contributions between $1,177.32 and $1,288.82 per month
DENTAL INSURANCE
The City will continue offering group Dental plans through Health Partner (HP).
• Type: Self-funded group dental insurance
Page 18 of 119
• Eligibility: Full-time employees
City Contribution (employee-only coverage):
• Monthly City contribution: $60.25
• 2027: Contribution premium remains unchanged from 2026
Employee Responsibility (for family or employee + spouse coverage):
• Employees pay 100% of the additional premium
• Premium rates for 2027 are the same as 2026
LIFE INSURANCE
The City continues to offer Life/ADD through Securian Financial.
• The City provides 100% employer-paid coverage of $35,000 for Term Life and
Accidental Death & Dismemberment (AD&D) insurance to all full-time
employees.
• In addition, Police and Fire personnel receive an additional $35,000 in coverage
for line-of-duty death, also fully paid by the City.
LONG-TERM DISABILITY INSURANCE (LTD)
The City offers 100% coverage for LTD through MetLife to full-time employees.
EMPLOYEE ASSISTANCE PROGRAM
The City offers 100% coverage for EAP Services through AllOne Health.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The City’s recommended benefit plans directly align with our Strategic Plan priority for a
stable and high-quality workforce, which includes attracting new employees and
increasing employee retention to be at full authorized strength.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
The City continues to provide adequate insurance protection for its employee groups,
which are comparable to employees performing similar jobs in similar communities.
CRITICAL TIMING ISSUES
The Council needs to approve the City premium contributions to implement open
enrollment for staff, which is scheduled to begin October 27, 2026.
FINANCIAL IMPACT
The estimated funding to provide for the recommended City premium is included in the
2027 Budget. Final costs will vary depending on the employee’s selection of health
insurance plans; and insurance fund reserves are available to cover actual costs that
exceed the budget amount.
LEGAL CONSIDERATIONS
Page 19 of 119
In order to implement the proposed insurance benefit changes, the City Council must
approve the resolution designating the City's contribution toward health, term life, long-
term disability, and dental insurance premiums, as well as the Employee Assistance
Program for eligible employees.
ALTERNATIVE RECOMMENDATION(S)
The Council may decide to adjust the City's contribution to dependent health insurance
by an amount other than the proposed increase per month.
ATTACHMENTS
1. 2026-09-22 Resolution 2027 Benefits
2. 2027 Final Rates
Page 20 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO. XXXXX
1 of 2
Motion by:
Seconded by:
RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, DENTAL, TERM LIFE,
DISABILITY INSURANCE and the EMPLOYEE ASSISTANCE PROGRAM
PREMIUM FOR ALL BENEFIT ELIGIBLE EMPLOYEE GROUPS
WHEREAS the hospital-medical/surgical group health insurance plan is available from the LOGIS
Health Insurance Program for City employees and their dependents; and
WHEREAS a self-funded group dental insurance plan is available to full-time benefit eligible
employees and their dependents; and
WHEREAS a term life and accidental death and dismemberment insurance plan is available from
the Local Government Information Systems Association (LOGIS) for full-time benefit eligible employees
and their dependents; and
WHEREAS a group long-term disability program is available to full-time benefit eligible
employees; and
WHEREAS the Employee Assistance Program (EAP), provided through AllOne Health, is available
to all full-time, part-time and intermittent employees; and
WHEREAS the City Council is required to determine by resolution the City's contribution toward
the premium for employee group insurance coverage and approve agreements other services offered to
employees.
NOW, THEREFORE, BE IT RESOLVED that Attachment A outlines the premium costs for each
plan, the City’s contribution, and the employee’s share of the cost. The rate changes will apply to all
benefit-eligible employees working 30 hours or more per week, as well as to part-time employees
working between 20 and 29 hours per week. In addition to the City’s contribution toward premiums, the
City also provides Health Savings Account (HSA) contributions for eligible plans, up to a maximum of
$200 per month. Actual City contribution will be dependent on the plan selected by the employee.
For all full-time employees, the City shall also pay the $60.25 monthly premium for the dental insurance
plan offered. Such contributions shall be for coverage effective January 1, 2027.
BE IT FURTHER RESOLVED that in 2027, the City is in year two of a two-year agreement with
MetLife for long-term disability insurance coverage for at a cost of $0.144 per $100 of covered payroll.
The City shall continue to contribute the full cost of long-term disability insurance for all full-time
employees.
In addition, for 2027, the City is in year two of a three year contract with LOGIS with Securian
Financial for Life/ADD at $4.73 per month per employee. The City shall contribute to the full cost of the
Life/ADD.
Page 21 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO. XXXXX
2 of 2
BE IT FURTHER RESOLVED that the City Council has determined the City's contribution toward
insurance premiums for all organized employee groups are included in the benefit eligible employees.
Adopted by the City Council of the City of Richfield, Minnesota, this 22nd day of September 2026.
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
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 22 of 119
PLAN
$3,500/$6,600 Rate:$1,248.50 Rate:$2,623.50 Rate:$2,498.50 Rate:$3,248.00
City:$1,248.50 City:$1,866.38 City:$1,849.63 City:$2,199.84
Employee:$0.00 Employee:$757.12 Employee:$648.87 Employee:$1,048.16
$200.00 into HSA
$5,000/$10,000 Rate:$1,154.00 Rate:$2,424.50 Rate:$2,309.00 Rate:$3,001.50
City:$1,154.00 City:$1,808.63 City:$1,794.63 City:$2,128.09
Employee:$0.00 Employee:$615.87 Employee:$514.37 Employee:$873.41
$200.00 into HSA
$3,500/$6,600 Rate:$1,286.00 Rate:$2,701.50 Rate:$2,573.00 Rate:$3,344.50
City:$1,286.00 City:$1,880.88 City:$1,863.63 City:$2,217.84
Employee:$0.00 Employee:$820.62 Employee:$709.37 Employee:$1,126.66
$182.00 into HSA
PLAN
$3,500/$6,600 Rate:$1,223.50 Rate:$2,571.00 Rate:$2,448.50 Rate:$3,183.00
City:$1,223.50 City:$1,859.38 City:$1,842.88 City:$2,191.09
Employee:$0.00 Employee:$711.62 Employee:$605.62 Employee:$991.91
$200.00 into HSA
$5,000/$10,000 Rate:$1,131.00 Rate:$2,376.00 Rate:$2,263.00 Rate:$2,941.50
City:$1,131.00 City:$1,802.88 City:$1,789.13 City:$2,120.84
Employee:$0.00 Employee:$573.12 Employee:$473.87 Employee:$820.66
$200.00 into HSA
$3,500/$6,600 Rate:$1,260.50 Rate:$2,647.50 Rate:$2,521.50 Rate:$3,277.50
City:$1,260.50 City:$1,873.63 City:$1,856.63 City:$2,208.84
Employee:$0.00 Employee:$773.87 Employee:$664.87 Employee:$1,068.66
$182.00 into HSA
PLAN
$3,500/$6,600 Rate:$1,173.50 Rate:$2,466.00 Rate:$2,348.50 Rate:$3,053.00
City:$1,173.50 City:$1,845.38 City:$1,829.63 City:$2,173.59
Employee:$0.00 Employee:$620.62 Employee:$518.87 Employee:$879.41
$200.00 into HSA
$5,000/$10,000 Rate:$1,085.00 Rate:$2,279.00 Rate:$2,170.50 Rate:$2,821.50
City:$1,085.00 City:$1,791.13 City:$1,777.88 City:$2,106.34
Employee:$0.00 Employee:$487.87 Employee:$392.62 Employee:$715.16
$200.00 into HSA
$3,500/$6,600 Rate:$1,209.00 Rate:$2,539.50 Rate:$2,418.50 Rate:$3,144.00
City:$1,209.00 City:$1,858.88 City:$1,842.63 City:$2,190.84
Employee:$0.00 Employee:$680.62 Employee:$575.87 Employee:$953.16
$182.00 into HSA
Family: $65.25/month paid by the employee ($125.50/month total premium)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
Empower RX Plus
Dental Insurance Rates for Full-Time Employees Only
Employee: $0.00/month paid by the employee (full premium covered by the City, $60.25/month)
Employee + Spouse: $34.25/month paid by the employee ($94.50/month total premium)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
Empower RX Plus
ACHIEVE NETWORK – HealthPartners, Park Nicollet Care Systems, and other tier 1 providers
Employee Employee + Spouse Employee + Child(ren)Family
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
Empower RX Plus
PERFORM NETWORK – without Mayo
Employee Employee + Spouse Employee + Child(ren)Family
2027 Health Insurance Rates
Monthly Premium Rates for Full-Time Employees
OPEN ACCESS NETWORK
Employee Employee + Spouse Employee + Child(ren)Family
Attachment A
Page 23 of 119
PLAN
$3,500/$7,000 Rate:$1,248.50 Rate:$2,623.50 Rate:$2,498.50 Rate:$3,248.00
City:$1,003.00 City:$1,109.21 City:$1,092.46 City:$1,270.82
Employee:$245.50 Employee:$1,514.29 Employee:$1,406.04 Employee:$1,977.18
$5,000/$10,000 Rate:$1,154.00 Rate:$2,424.50 Rate:$2,309.00 Rate:$3,001.50
City:$945.75 City:$1,051.46 City:$1,037.46 City:$1,199.07
Employee:$208.25 Employee:$1,373.04 Employee:$1,271.54 Employee:$1,802.43
$3,500/$6,600 Rate:$1,286.00 Rate:$2,701.50 Rate:$2,573.00 Rate:$3,344.50
City:$1,027.50 City:$1,123.71 City:$1,106.46 City:$1,288.82
Employee:$258.50 Employee:$1,577.79 Employee:$1,466.54 Employee:$2,055.68
PLAN
$3,500/$6,600 Rate:$1,223.50 Rate:$2,571.00 Rate:$2,448.50 Rate:$3,183.00
City:$985.88 City:$1,102.21 City:$1,085.71 City:$1,262.07
Employee:$237.62 Employee:$1,468.79 Employee:$1,362.79 Employee:$1,920.93
$5,000/$10,000 Rate:$1,131.00 Rate:$2,376.00 Rate:$2,263.00 Rate:$2,941.50
City:$929.88 City:$1,045.71 City:$1,031.96 City:$1,191.82
Employee:$201.12 Employee:$1,330.29 Employee:$1,231.04 Employee:$1,749.68
$3,500/$6,600 Rate:$1,260.50 Rate:$2,647.50 Rate:$2,521.50 Rate:$3,277.50
City:$1,010.00 City:$1,116.46 City:$1,099.46 City:$1,279.82
Employee:$250.50 Employee:$1,531.04 Employee:$1,422.04 Employee:$1,997.68
PLAN
$3,500/$6,600 Rate:$1,173.50 Rate:$2,466.00 Rate:$2,348.50 Rate:$3,053.00
City:$938.25 City:$1,088.21 City:$1,073.86 City:$1,244.57
Employee:$235.25 Employee:$1,377.79 Employee:$1,274.64 Employee:$1,808.43
$5,000/$10,000 Rate:$1,085.00 Rate:$2,279.00 Rate:$2,170.50 Rate:$2,821.50
City:$884.63 City:$1,033.96 City:$1,020.71 City:$1,177.32
Employee:$200.37 Employee:$1,245.04 Employee:$1,149.79 Employee:$1,644.18
$3,500/$6,600 Rate:$1,209.00 Rate:$2,539.50 Rate:$2,418.50 Rate:$3,144.00
City:$961.38 City:$1,101.71 City:$1,085.46 City:$1,261.82
Employee:$247.62 Employee:$1,437.79 Employee:$1,333.04 Employee:$1,882.18
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
Empower RX Plus
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
Empower RX Plus
ACHIEVE NETWORK – HealthPartners, Park Nicollet Care Systems, and other tier 1 providers
Employee Employee + Spouse Employee + Child(ren)Family
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
High Deductible
Plan (with HSA)
Empower RX Plus
PERFORM NETWORK – without Mayo
Employee Employee + Spouse Employee + Child(ren)Family
2027 Health Insurance Rates
Monthly Premium Rates for Part-Time Employees
OPEN ACCESS NETWORK
Employee Employee + Spouse Employee + Child(ren)Family
Page 24 of 119
City Council Meeting 9/22/2026
Agenda Section: Consent Calendar
Agenda Item: 7.c.
Report Prepared By:
Jay Henthorne, Police Chief
Department Director:
Jay Henthorne, Police Chief
Item for Consideration:
The Urban Area Security Initiative (UASI) program funds address the unique risk-
driven and capabilities-based planning, organization, equipment, training and
exercise needs of high-threat, high-density Urban Areas based on the capability
targets identified during the THIRA process and associated assessment efforts;
and assists them in building an enhanced and sustainable capacity to prevent,
protect against, mitigate, respond to, and recover from acts of terrorism.
EXECUTIVE SUMMARY
The City of Richfield Police Department recently applied to participate in the Urban Area
Security Initiative (UASI) grant. This grant provides funds to be used for training and/or
equipment. The City of Richfield Police Department would like to purchase three
personal body armor vests for police officers.
RECOMMENDED ACTION
Approve the UASI Grant agreement. The grant funds will be used to purchase
three personal body armor vests for police officers.
HISTORICAL CONTEXT
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
CRITICAL TIMING ISSUES
FINANCIAL IMPACT
This is for $12,258.00 and would purchase three personal body armor vests for police
officers.
LEGAL CONSIDERATIONS
Page 25 of 119
ALTERNATIVE RECOMMENDATION(S)
The Council could choose not to sign this agreement, which would make this UASI
agreement null and void with the State of Minnesota.
ATTACHMENTS
1. UASI Agreement - Redacted
Page 26 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 1
GRANT AGREEMENT
This Grant Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-
2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Emergency Management Services (“COUNTY”), and City of Richfield, 6700 Portland Avenue, Richfield, Minnesota 55423, a government entity (“GRANTEE”).
The parties agree as follows:
1. TERM AND AMOUNT OF GRANT
This Agreement shall commence following execution by all parties. GRANTEE shall
complete all Grant Requirements, as defined below, and submit all required
documentation on or before December 31, 2026, unless this Agreement is terminated earlier in accordance with the provisions herein. In accordance with the provisions herein, COUNTY’s total payments to GRANTEE
under this Agreement shall not exceed Twelve Thousand Two Hundred Fifty-Eight
Dollars ($12,258) (“Grant Funds”). 2. GRANT REQUIREMENTS
GRANTEE shall purchase three personal body armor vests (“Grant Requirements”).
Purchase is more fully described in Attachment A Scope of Work. If the source or partial source of funds under this Agreement is from federal or state monies or from a federal, state or other grant source, COUNTY and GRANTEE are
bound by and shall comply with applicable law, rules, regulations, applicable
documentation, and any other COUNTY directives relating to the source and utilization of such funds, which may include reallocation of funds at COUNTY’s sole discretion, and, as applicable, the Federal Award Contract Provisions Addendum attached hereto as Attachment B.
If GRANTEE is a “subrecipient” as defined by 2 CFR § 200.330, GRANTEE shall comply with the Federal Compliance Addendum, attached hereto as Attachment C. 3. GRANT FUNDS DISBURSEMENT
Upon completion of the Grant Requirements, GRANTEE shall invoice COUNTY for allowable costs and payments actually incurred by GRANTEE in performance of the Grant Requirements. GRANTEE shall also submit receipts and other supporting documentation related to the Grant Requirements. The final invoice and all supporting documentation shall be submitted no later than thirty (30) days after the expiration of this Agreement.
Page 27 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 2
Upon COUNTY’s validation of an invoice and any supporting documentation or certifications, COUNTY shall pay invoiced and validated Grant Funds directly to GRANTEE within thirty (30) days. Unless the parties otherwise agree, COUNTY shall have no obligation to reimburse or pay GRANTEE any amount: (i) for any expenditures, costs, or expenses incurred prior to the commencement date stated in Section 1 of this Agreement; or (ii) for any expenditures, costs, or expenses that the COUNTY determines are not directly related to the Grant Requirements. If GRANTEE’s expenditures, costs, and expenses associated with its project and/or the Grant Requirements exceed the Grant Funds, GRANTEE shall be solely responsible for payment of those amounts without reimbursement by COUNTY. COUNTY may withhold from any payment due to GRANTEE any amount which is due and owing COUNTY under this or any other agreement between the parties due to overpayment or as a result of an audit. Email invoices to AccountsPayable@hennepincounty.gov or send to the following central invoice receiving address supplied by COUNTY: PO Box 1388, Minneapolis, MN 55440. 4. PARTY RELATIONSHIP
A. GRANTEE shall select the means, method, and manner of performing Grant
Requirements. Nothing is intended nor should be construed as creating or
establishing any relationship, besides that of grantor and grantee, between the parties. GRANTEE is not COUNTY’s vendor, contractor, agent, representative, or employee for any purpose. GRANTEE shall secure at its own expense all personnel and resources required in completing Grant Requirements under this
Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform
any activities under this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. B. If GRANTEE enters into any agreement with any entity to provide goods or
services related to GRANTEE’s performance of the Grant Requirements,
GRANTEE shall memorialize that relationship with a written and duly executed agreement with said entity. That agreement will include, at minimum, the following provisions:
(i) Neither GRANTEE nor the engaged entity is acting as agent(s) for the
County of Hennepin, State of Minnesota; (ii) The parties expressly agree that the County of Hennepin, State of Minnesota, is not a party to their agreement; and (iii) The County of Hennepin, State of Minnesota is not responsible or
liable for any duty or obligation under their agreement, including but
not limited to paying any amount whatsoever under the agreement.
Page 28 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 3
5. NON-DISCRIMINATION
In accordance with COUNTY’s policies against discrimination, GRANTEE shall not
exclude any person nor prohibit their participation in or the benefits of any program, service or activity related to this Agreement on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public
assistance status. No person who is protected by applicable law against discrimination
shall be subjected to discrimination. 6. INDEMNIFICATION
A. Each party shall be liable for its own acts and the results thereof to the extent
provided by law, and shall defend, indemnify, and hold harmless each other (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney's fees, resulting
directly or indirectly from any act or omission of the party, anyone directly
or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for state agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, chapter 466 and other applicable law. The
liability of state agencies shall be governed by the provisions of Minnesota
Statutes, section 3.736 and other applicable law. B. Duty to Notify: PROVIDER shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against PROVIDER,
its employees, officers, agents or subcontractors, which arises out of the services
described in this Agreement. PROVIDER shall also notify COUNTY whenever PROVIDER has a reasonable basis for believing that PROVIDER and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action,
criminal arrest, criminal charge or litigation arising out of and/or related to the
services described in this Agreement. 7. INSURANCE
Each party warrants that it has purchased insurance or a self-insurance program sufficient
to meet its liability obligations and, at a minimum, to meet the maximum liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any immunity from liability under Chapter 466 or any other applicable law.
8. DUTY TO NOTIFY
GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or
Page 29 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 4
subcontractors, which arises out of this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE
and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become
the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 9. DATA, SYSTEMS, AND INTELLECTUAL PROPERTY
A. GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable law, rules, regulations and orders relating to
data or the privacy, confidentiality or security of data. For clarification and not
limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data
security, privacy or confidentiality laws, and shall also comply with the other
requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by
GRANTEE does not necessarily make the data protected as such under any
applicable law. B. As used herein, “County Data” means any data or information, and any copies thereof, created by CONTRACTOR or acquired by CONTRACTOR from or
through COUNTY pursuant to this Agreement. As between the parties, COUNTY
shall have full ownership and control of all County Data. If GRANTEE has access to or possession/control of County Data, GRANTEE shall safeguard and protect the County Data in accordance with generally
accepted industry standards, all laws, and all then applicable COUNTY policies,
procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any
known or suspected security breach or unauthorized access to County Data, then
comply with all responsive directions provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein.
C. INTENTIONALLY OMITTED
D. CONTRACTOR confirms, transfers, assigns, and conveys to COUNTY all right, title, and interest in all intellectual property which CONTRACTOR may create,
Page 30 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 5
conceive, develop, or originate for COUNTY, either individually or jointly with others, and which arises out of the performance of this Agreement (“Work”),
including but not limited to copyrights, patents, trade secrets, trademarks, service
marks, and rights in data or other technology (“Intellectual Property Rights”). As applicable, Work shall be considered “works made for hire” as defined in the U.S. Copyright Act. To the extent any Work is not determined to be works made for hire, CONTRACTOR grants and assigns to COUNTY, without reservation, all
right, title, and interest in and to said Work. As applicable and to the extent said
grant and assignment does not convey all right, title, and interest to COUNTY, CONTRACTOR grants to COUNTY an unlimited, irrevocable, perpetual, royalty-free right and license to use, convey, and distribute the Work.
CONTRACTOR shall, upon request of COUNTY, execute all papers and perform
all other acts necessary to assist COUNTY to establish, protect, and preserve COUNTY’s Intellectual Property Rights. For clarification, each party shall retain ownership of intellectual property
developed prior to or outside of this Agreement (“Pre-existing IP”). However,
and as applicable, CONTRACTOR grants COUNTY a perpetual, irrevocable, royalty-free license to use Pre-existing IP for COUNTY’s business purposes. CONTRACTOR warrants that, when legally required, CONTRACTOR shall
obtain the written consent of both the owner and licensor to reproduce, publish,
and/or use any material supplied to COUNTY including, but not limited to, software, hardware, documentation, and/or any other item. CONTRACTOR further warrants that any material or item delivered by CONTRACTOR will not violate the United States copyright law or any property right of another.
E. Upon expiration or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Grant Manager, GRANTEE shall deliver to the Grant Manager all County Data
so specified by COUNTY.
(2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or
unless required by law, use any of the County Data for any purpose or in
any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data.
(3) Except to the extent required by law or as directed by COUNTY, CONTRACTOR shall return or irretrievably destroy confidential, protected, privileged, not public, nonpublic, or private County Data, as
Page 31 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 6
those classifications are determined pursuant to applicable law, and shall certify destruction of the same.
10. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 6.551, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often
as they may reasonably deem necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration
or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. GRANTEE binds itself, its partners, successors, assigns and legal representatives
to COUNTY for all covenants, agreements and obligations herein.
B. GRANTEE shall not assign, transfer or pledge this Agreement and/or the performance of the Grant Requirements, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of
COUNTY. A consent to assign shall be subject to such conditions and provisions
as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement.
C. INTENTIONALLY OMITTED. D. INTENTIONALLY OMITTED.
12. MERGER, MODIFICATION AND SEVERABILITY
A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and
made a part of this Agreement. If there is any conflict between the terms of this
Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or COUNTY are each bound by its own electronic signature(s)
on this Agreement, and each agrees and accepts the electronic signature of the
other party.
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B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to
this Agreement signed by the parties. Except as expressly provided, the
substantive legal terms contained in this Agreement may not be altered, varied, modified or waived by any change in project scope, specifications, or other document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected. 13. DEFAULT AND TERMINATION
A. This Agreement may be terminated with or without cause by COUNTY upon
thirty (30) days’ written notice, including but not limited to failure of the GRANTEE to perform Grant Requirements or failure of the Grant Requirements to promote a public purpose. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment of Grant Funds
until GRANTEE’s compliance. In the event of a decision to withhold Grant
Funds, COUNTY shall furnish prior written notice to GRANTEE. B. COUNTY may immediately terminate this Agreement if GRANTEE, or any GRANTEE directors, employees, or other personnel are convicted of a criminal
offense relating to any COUNTY, State of Minnesota, or federal grant.
C. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE.
D. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. E. COUNTY’s failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement.
F. If this Agreement expires or is terminated, with or without cause, by either party,
at any time, GRANTEE shall not be entitled to any Grant Funds except for reimbursements duly invoiced for completed Grant Requirements pursuant to this Agreement.
G. Upon written notice, COUNTY may immediately suspend or terminate this
Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise
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made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COUNTY is not obligated to pay for any Grant Funds related to the
performance of any Grant Requirements occurring after the notice and effective date of the suspension or termination. In the event COUNTY suspends or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any Grant Funds already invoiced by GRANTEE prior to the notice of suspension or
termination, if those costs and supporting documentation are validated by
COUNTY, except that COUNTY shall not be obligated to pay any Grant Funds as or for penalties, early termination fees, charges, time and materials for Grant Requirements not already invoiced.
H. GRANTEE has an affirmative obligation, upon written notice by COUNTY that
this Agreement may be suspended or terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement.
14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term or termination of this Agreement do survive such term or termination. Such provisions include but are not
limited to: PARTY RELATIONSHIP; INDEMNIFICATION; INSURANCE; DUTY TO
NOTIFY; DATA, SYSTEMS, AND INTELLECTUAL PROPERTY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS.
15. GRANT MANAGER
Claire Psarouthakis or successor, (“Grant Manager”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE.
Bill Stanger, bstanger@richfieldmn.gov, shall manage the Agreement on behalf of
GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email (if available) of such substitute person and of any other subsequent substitute person.
16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
A. GRANTEE shall comply with all applicable law, funding sources, regulations, rules and ordinances currently in force or later enacted.
B. GRANTEE certifies that it is not prohibited from doing business with either the
federal government or the state of Minnesota as a result of debarment or suspension proceedings. GRANTEE shall immediately notify COUNTY if GRANTEE is debarred or suspended during the term of this Agreement.
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17. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator at the addresses given in the opening paragraph of this Agreement
with a copy to the Grant Manager. Notice to GRANTEE shall be sent to the address
stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. 18. CONFLICT OF INTEREST
GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict or potential conflict of interest with any party or entity which may be affected by the terms of this Agreement.
Should any conflict or potential conflict of interest become known to GRANTEE,
GRANTEE shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. A conflict or potential conflict may, in COUNTY’s discretion, be cause
for termination of this Agreement.
COUNTY reserves the right to waive any conflicts of interest subject to the creation, deployment, and adherence to a mutually agreed upon mitigation plan, which must expressly identify GRATEE obtained County Data, including general nonpublic data or
other confidential/private data.
19. MEDIA OUTREACH
The parties shall cooperatively and collaboratively develop any grant-related marketing
which may include but is not limited to: permanent or temporary plaques or signs, news
releases, public announcements, social media posts, video, civic opportunities, logos and community events. GRANTEE shall not unreasonably refuse or withhold participation from any COUNTY initiated marketing project, plan or strategy.
GRANTEE shall provide advance copy of the any independently developed messaging
and marketing materials regarding the Grant Requirements or overall project to COUNTY for review and approval. COUNTY may, in its sole discretion, reject any proposed marketing if COUNTY determines the proposed marketing does not reflect the spirit or intent of this Agreement or is otherwise contrary to COUNTY’s best interests.
For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through its Public Relations Officer or their designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases,
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external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities, and/or other forms of outreach created by, or on
behalf of, GRANTEE: (i) that reference or otherwise use the term “Hennepin County” or
any derivative thereof in relation to this Grant Agreement or the Grant Requirements performed hereunder; or (ii) that directly or indirectly relate to, reference, or concern the County of Hennepin, this Agreement, the Grant Requirements performed hereunder, or COUNTY personnel, including but not limited to COUNTY employees and elected
officials.
20. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota.
21. PERSONAL PROPERTY TAX, PROPERTY TAX, AND INCOME TAX A. GRANTEE affirms that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for
taxes owed on or before the date of the execution of this Agreement. If COUNTY
finds that property taxes have not been paid by GRANTEE, GRANTEE’s owners, or GRANTEE’s board of directors (if any), COUNTY may refuse to disburse Grant Funds or require the return of all or part of the Grant Funds already disbursed. B. GRANTEE acknowledges that Grant Funds may be subject to federal and/or state or local taxes. Except as part of a tax-specific outreach program, COUNTY
cannot provide tax advice and encourages GRANTEE to consult with a professional tax advisor.
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COUNTY ADMINISTRATOR APPROVAL
Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer4:signature}}
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Reviewed for COUNTY by: {{Sig_es_:signer5:signature}}
{{userstamp4_es_:signer5:stamp}}
Document Assembled by:
{{Sig_es_:signer1:signature}}
{{userstamp1_es_:signer1:stamp}}
{{Exh_es_:signer1:attachment:label("Attachments")}}
COUNTY OF HENNEPIN
STATE OF MINNESOTA By:
{{Sig_es_:signer6:signature}}
{{userstamp5_es_:signer6:stamp}}
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GRANTEE
GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.*
By:
{{Sig_es_:signer2:signature}}
{{{ ttl_es_:signer2:title}}
{userstamp2_es_:signer2:stamp}}
By: {{Sig_es_:signer3:signature}}
{{{ ttl_es_:signer3:title}} {userstamp2_es_:signer3:stamp}}
*GRANTEE shall, within five (5) business days of a request by COUNTY, submit all documentation (such as articles, bylaws, resolutions or ordinances) that confirms the signatory’s authority to sign the Agreement on behalf of GRANTEE.
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ATTACHMENT A: Scope of Work
Supporting equipment costs for law enforcement agencies is part of COUNTY’s activities
through an Urban Area Security Initiative grant. GRANTEE shall purchase three personal body armor vests (“Grant Requirements”).
This purchase of equipment supports GRANTEE with security measure responsibilities for high
profile events, critical infrastructure sites and soft target/crowded places during Department of Homeland Security declared alerts or when credible threat intelligence or advisories are received from State and Federal partners such as the Department of Homeland Security, the Minnesota Fusion Center, and the Federal Bureau of Investigation.
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ATTACHMENT B: Federal Award Contract Provisions Addendum This Federal Award Contract Provisions Addendum is attached and incorporated into the foregoing agreement (the “Agreement”).
Unless otherwise defined herein, all capitalized terms shall have the meaning ascribed in the Agreement. Additionally, the term “contract” shall mean the “Agreement”; the terms “contractor”, “Contractor”, and “CONTRACTOR” shall mean the party identified as “CONTRACTOR” or “GRANTEE” in the Agreement; and the terms “APPLICANT” and
“COUNTY” shall mean the COUNTY OF HENNEPIN, STATE OF MINNESOTA. Citations included throughout this Addendum are for guidance and not determinative. The provisions below may be applicable pursuant to (i) applicable federal law, including 2 C.F.R., Part 200, Appendix II (see, especially, 2 C.F.R. §200.327); (ii) COUNTY’s application
of federal awards to this transaction; and/or (iii) the nature and cost of the transaction. In addition to CONTRACTOR’s compliance with applicable provisions, CONTRACTOR shall ensure that its subcontractors or other parties performing on CONTRACTOR’s behalf comply with the applicable provisions and confirm the same with necessary provisions in its
subcontracts.
1) Remedies.
The remedy provisions in the Agreement shall apply.
2) Termination For Cause and/or For Convenience.
The termination provisions in the Agreement shall apply.
3) Equal Employment Opportunity.
During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment,
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notices to be provided setting forth the provisions of this nondiscrimination clause.
B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish information. D. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
F. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
G. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
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1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
H. The contractor will include the portion of the sentence immediately preceding paragraph A and the provisions of paragraphs A through H, of this subsection, in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The APPLICANT further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the APPLICANT so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision
of such government which does not participate in work on or under the contract.
The APPLICANT agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The APPLICANT further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant
to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the APPLICANT agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate, or suspend
in whole or in part the federal award associated with this Agreement (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred
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until satisfactory assurance of future compliance has been received from such APPLICANT; and refer the case to the Department of Justice for appropriate legal
proceedings.
4) Davis-Bacon Act.
A. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
B. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
C. Additionally, contractors are required to pay wages not less than once a week.
5) Copeland Anti-Kickback Act.
A. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract. B. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as federal agencies awarding funds to
COUNTY, which funds are used by COUNTY in association with this
Agreement, may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
6) Contract Work Hours and Safety Standards Act.
A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
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B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph A of this section the contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in
paragraph A of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph A of this section.
C. Withholding for unpaid wages and liquidated damages. The U.S. Department of Homeland Security or such other applicable agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph B
of this section. D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this subsection and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this subsection.
7) Rights to Inventions Made Under a Contract or Agreement.
The parties shall comply with the requirements of 37 CFR Part 401.
8) Clean Air Act and the Federal Water Pollution Control Act.
A. Clean Air Act.
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
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(2) The contractor agrees to report each violation to COUNTY and understands and agrees that COUNTY will, in turn, report each violation
as required to assure notification to the federal agencies awarding funds to
COUNTY, which funds are used by COUNTY in association with this Agreement, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
hereunder that exceeds $150,000. B. Federal Water Pollution Control Act.
(1) The contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to COUNTY and
understands and agrees that COUNTY will, in turn, report each violation
as required to assure notification to the federal agencies awarding funds to COUNTY, which funds are used by COUNTY in association with this Agreement, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract hereunder that exceeds $150,000.
9) Debarment and Suspension.
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
C. This certification is a material representation of fact relied upon by COUNTY. If
it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
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throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
10) Byrd Anti-Lobbying Amendment.
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If applicable, contractors must sign and submit to the non-federal entity the certification
found in APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING
LOBBYING.
11) Procurement of Recovered Materials.
A. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired— (1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price. B. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
C. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
12) Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment.
A. Contractor is prohibited from obligating or expending loan or grant funds to:
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(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in
Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(a) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (b) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(c) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. B. In implementing the prohibition under Public Law 115-232, section 889,
subsection (f), paragraph (1), heads of executive agencies administering loan,
grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to
ensure that communications service to users and customers is sustained.
C. See Public Law 115-232, section 889 for additional information. D. See also § 200.471.
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13) Domestic preferences for procurements.
A. Contractor should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts and purchase orders for work or products under this contract.
B. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
14) Partnerships with Faith-Based and Neighborhood Organizations (Executive Order 14015, Feb. 14, 2021; Federal Register, Vol. 89, No. 43)
A. A faith-based organization that participates in this program retains its
independence from the Government and may continue to carry out its mission
consistent with religious freedom and conscience protections in Federal law. B. A faith-based organization may not use direct Federal financial assistance from Hennepin County and/or the federal government to support or engage in any explicitly religious activities except when consistent with the Establishment
Clause and any other applicable requirements. An organization, business, non-
profit organization, partnership, limited liability corporation or partnership, corporation, individual, or other entity receiving Federal financial assistance also may not, in providing services funded by Hennepin County and/or the federal government, or in their outreach activities related to such services, discriminate
against a program beneficiary or prospective program beneficiary on the basis of
religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. C. All organizations receiving federal money through Hennepin County to provide social services shall provide the following notice to beneficiaries of the
protections listed herein:
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Name of Organization:
Name of Program:
Contact Information for Federal Grant Program Office (name, phone number, and
email address, if appropriate):
Because this program is supported in whole or in part by financial assistance from the Federal Government, we are required to let you know that:
(1) We may not discriminate against you on the basis of religion, a religious
belief, a refusal to hold a religious belief, or a refusal to attend or
participate in a religious practice; (2) We may not require you to attend or participate in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) that may be offered by
our organization, and any participation by you in such activities must be
purely voluntary; (3) We must separate in time or location any privately funded explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) from activities
supported with direct Federal financial assistance;
(4) You may report violations of these protections, including any denials of services or benefits by an organization, by contacting or filing a written complaint with the grant program office using the contact information set forth above; and
(5) If you would like to seek information about whether there are any other
federally funded organizations that provide these kinds of services in our area, please use the contact information set forth above. This written notice must be given to you before you enroll in the program
or receive services from the program, unless the nature of the service
provided or exigent circumstances make it impracticable to provide the actual service. In such an instance, this notice must be given to you at the earliest available opportunity.
Page 49 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 24
ATTACHMENT C: SUBRECIPIENT COMPLIANCE ADDENDUM SUBRECIPIENT shall comply with the Single Audit Act, OMB Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform
Guidance). SUBRECIPIENT shall maintain a system of internal control over all programs in order to demonstrate compliance with the Single Audit Act, Uniform Guidance and other pertinent laws and regulations. SUBRECIPIENT shall respond to audit findings, questioned costs or other compliance measures issues which may include taking
requisite corrective action, executing necessary documents and other requirements.
If SUBRECIPIENT is a nonprofit organization, SUBRECIPIENT’s signature on this Agreement assures and certifies it has met federal, state and local requirements regarding SUBRECIPIENT’s financial management system.
SUBRECIPIENT is hereby notified of the following Federal Award Identification Information: 1. Subrecipient name (which must match registered name in SAM.gov): City of
Richfield
2. Subrecipient's UEI number (see 2 CFR Part 25 UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT): MQTLFHPHEKZ1 3. Unique Federal Award Identification Number (FAIN): EMW-2024-SS-05197 4. Federal Award Date (see § 200.39 Federal award date): 01/01/2025
5. Subaward Period of Performance Start and End Date: 01/01/2025 – 12/31/2026
6. Amount of Federal Funds Obligated by this action: $12,258.00 7. Total Amount of Federal Funds Obligated to the subrecipient: $12,258.00 8. Total Amount of the Federal Award: $744,526.00 9. Budget Approved by Hennepin County: $12,258.00
10. Total Approved Cost Sharing or Matching, when applicable:
11. Federal award project description, as statutory requirements for example Federal Funding Accountability and Transparency Act (FFATA): 2024 (UASI) Urban Area Security Initiative 12. Name of Federal awarding agency, pass-through entity (Hennepin County), and
contact information for Hennepin County representative: Department of Homeland
Security, Minnesota Department of Public Safety, Hennepin County Emergency Management (Eric Waage) 1600 Prairie Drive, Medina, MN 55340 13. ALN (Assistance Listing Number) and Grant Name; the pass-through entity must identify the dollar amount made available under each Federal award and the ALN
at time of disbursement: CFDA/ALN: 97.067 Homeland Security Grant Program –
Urban Area Security Initiative 14. Identification of whether the award is R&D: No R&D means Research and Development. OMB Uniform Grant Guidance defines “Research” as the systematic study directed toward fuller scientific
knowledge or understanding of the subject studied. “Development” is defined
as the systematic use of knowledge or understanding gained from research.
Page 50 of 119
Grant Agreement No: PR00008522
Grant Form 101 (Revised 10/2024) 25
15. Indirect cost rate for the Federal award (including if the de minimis rate is charged per § 200.414 Indirect (F&A) costs) and: None 16. Identification of whether the award is used as loans or loan guarantees: No
As applicable, SUBRECIPIENT shall confirm in writing that SUBRECIPIENT did not expend $750,000 or more in total federal funds in a fiscal year. If SUBRECIPIENT expends $750,000 or more of federal funds in a fiscal year, SUBRECIPIENT shall complete financial and compliance audits in accordance with the Single Audit Act and/or
OMB Uniform Grant Guidance, as applicable. SUBRECIPIENT shall cooperate fully in
the following: 1. During the term of this Agreement and as necessary after the expiration of this Agreement, to ensure compliance with applicable law, SUBRECIPIENT agrees to
provide an annual audit report consistent with the provisions of the Single Audit
Act and/or OMB Uniform Grant Guidance in accordance with government auditing standards, as applicable, within nine (9) months after SUBRECIPIENT’s fiscal year-end. The cost of an audit is not reimbursable from funds received through this Agreement.
2. SUBRECIPIENT shall provide all information requested by COUNTY and report as directed by COUNTY. As applicable, SUBRECIPIENT shall maintain property records that include a description
of the applicable property, a serial number or other identification number, the source of
the property, who holds title, the acquisition date and cost of the property, the percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data, including the date of disposal and sale price of the property. SUBRECIPIENT shall make said records available to COUNTY within
five (5) business days of COUNTY’s written request.
Failure to comply with the above requirements may result in forfeiture of funds. Without limiting any other remedies available at law, COUNTY reserves the right to recover from SUBRECIPIENT the full amount of any funds found to be improperly expended or
otherwise disallowed.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS:
The prospective lower tier participant (SUBRECIPIENT) certifies, by submission of this
grant contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this grant contract.
Page 51 of 119
City Council Meeting 9/22/2026
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:
Consideration of the approval of a second reading of an ordinance amending
Section 617 of the Richfield City Code related to mobile food units and
corresponding resolution and summary publication of said ordinance.
EXECUTIVE SUMMARY
Mobile food units, or food trucks as they are more popularly known, have been an
ordinance consideration at times over the last 12 years in Richfield. After ongoing staff
discussion, societal changes, increased demand and lessons learned, staff have
developed ordinance language for consideration. Highlights of the draft ordinance
include a definition of a mobile food unit, written consent from a property owner,
locations approved for operation, performance standards for all locations and suggested
license fees.
RECOMMENDED ACTION
By Motion: Approve the second reading of an ordinance amending Section 617 of
the Richfield City Code related to the operation and use of mobile food trucks in
Richfield, and summary publication of said ordinance. The City Council approved
the first reading of the proposed ordinance on September 8, 2026.
HISTORICAL CONTEXT
The popularity of mobile food units was on the rise in the late 2000s and cities were
scrambling to develop ordinances to effectively address them. With the boom of tap
houses and breweries in 2011 and later, with cities looking for ways to attract more
people to downtown areas, food trucks were a logical partner, providing an array of
different foods in an outdoor casual environment.
During this time, MDH began allowing municipalities to issue temporary food licenses to
cover a mobile food unit, which is how Richfield has operated over the years. In most
cases, the city licenses for operation at the Farmers Market throughout the summer,
July 4th weekend, Penn Fest, and Unity in the Community. The temporary food license
allows operations in a limited fashion for a designated number of days (no more than 21
days in a year). The adoption of the mobile food unit ordinance allows an applicant to
apply for an annual license to operate across the city at more than just the events listed
above.
To keep inspections and enforcement consistent, the draft language largely mirrors the
City of Bloomington’s mobile food unit language. Bloomington Environmental Health will
Page 52 of 119
remain the inspections arm, as they are for current mobile food units, food, pools and
lodging establishments in Richfield.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Food trucks impact equity by lowering financial barriers for minority and immigrant
entrepreneurs, and filling food access gaps in underserved neighborhoods. They also
require lower startup costs and offer vibrant commerce in public spaces.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
With the development of any mobile food unit ordinance, the Minnesota Department of
Health (MDH) requires a review of language before a municipality can consider the
ordinance. A draft was submitted on March 10, 2026, and was received back on April 7,
2026. MDH required no changes to the draft but had three recommendations regarding
variance requirements, mobile food units operating on private property, and adding fees
in Appendix D, which were all added into the draft. Within 30 days of promulgation, the
city must send MDH a copy of the approved ordinance or a link to the public posting. To
keep inspections and enforcement consistent, the draft language largely mirrors the City
of Bloomington’s mobile food unit language. Bloomington Environmental Health will
remain the inspections arm, as they are for current mobile food units, food, pools and
lodging establishments in Richfield.
CRITICAL TIMING ISSUES
There are no critical timing issues.
FINANCIAL IMPACT
There is no financial impact.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the draft ordinance and approves of its contents.
ALTERNATIVE RECOMMENDATION(S)
The City Council could decide not to approve the second reading of the ordinance and
direct staff on how to proceed.
ATTACHMENTS
1. 09-22 DRAFT Bill 2026-XX Mobile Food Units-DOCSOPEN #1073797 v17
2. 2026-09-22 DRAFT Resolution 2026-XX Mobile Food Units Summary Pub
Page 53 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
1
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Motion by:
Seconded by:
AN ORDINANCE AMENDING SECTION 617 OF THE RICHFIELD CODE OF
ORDINANCES RELATED TO MOBILE FOOD UNITS (FOOD TRUCKS)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 617.03 of the Richfield Code of Ordinances is amended to
add a new definition as follows:
617.03. - Definitions.
Subd. 7. "Mobile food unit" means:
(a) A self-contained food service operation, located in a readily movable motorized
wheeled or towed vehicle that is readily movable without disassembling and that
is used to store, prepare, display or serve food intended for individual portion
service; or
(b) A mobile food unit as defined in Minnesota Statutes Section 157.15, subd. 9,
as it may be amended from time to time.
Section 2. Subsection 617.07 of the Richfield Code of Ordinances is amended as
follows:
617.07. – License required and posted.
Subdivision 1. Annual license required. No person shall operate a food
establishment or a mobile food unit within the City of Richfield or engage in any
enterprises described in this Code, without first obtaining and having a valid license as
provided herein. The application for such license shall be made on forms furnished by the
City of Richfield and shall describe the general nature of the business, its location, and
any other information deemed necessary by the City. The application must be in the name
of the owner of the real property on which the licensed premises are situated and bear
the signature of the owner or that of the owner’s authorized agent. The license must be
posted in a location conspicuous to customers.
Subd. 2. Food establishments. Food establishment applications must include the
signature of the owner, or the owner’s authorized agent, of the real property on which the
licensed premises are situated.
Subd. 3. Mobile food units. A license application for a mobile food unit must
include written consent from the property owner to operate the mobile food unit on their
property.
Page 54 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
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Subd. 4. Exemptions. The following are exempt from the license requirement
under this subsection, but must comply with all performance standards in subsection
617.17:
(a) Food establishments that operate mobile food units as an extension of their
retail food license under M.S. § 28A.06, as may be amended from time to time.
(b) A current retail mobile food handler licensed by the Minnesota Department of
Agriculture.
(c) Mobile food units operating on private residential property that meet the
performance standards under subsection 617.17, subd. 3.
Section 3. Subsection 617.13 of the Richfield Code of Ordinances is amended as
follows:
617.13. - Persons and locations ineligible for license.
Subdivision 1. Persons ineligible. No license shall be granted if the applicant:
(a) Is not a citizen of the United States or a resident alien, or d Does not have
the legal authority to work within the United States;
(b) Is not of good moral character and repute;
(c b) Is not 18 years of age or older on the date the application is submitted to
the Issuing Authority;
(d c) Has been convicted of a crime that directly relates to the occupation herein
licensed, as defined by Minnesota Statutes, section 364.03, subdivision 2,
as amended, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the occupation to
which this license applies as defined by Minnesota Statutes, section 364.03,
subdivision 3, as amended;
(e d) Has had a license similar to this section's license revoked by any other
government body within three (3) years before the application date;
(f e) Has been denied a license by the City because of circumstances, which
occurred within three (3) years before the application date;
(g f) Has violated any provision of this section within three (3) years before the
application date, or has violated any provision of this section during the
application period pending the issuance of the license;
(h g) Has falsified any information or omitted material information required by this
section; or
(I h) Owes taxes or assessments to the State, County, School District, or City
that are due and delinquent.
Page 55 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
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Section 4. Subsection 617.15 (Food establishment licensing categories and
restrictions) of the Richfield Code of Ordinances is amended to add a new subdivision
8 as follows:
Subd. 8. Mobile food units are categorized as:
(a) Complex menu mobile food unit having similar food handling operations
specified under Type I, or II establishment: or
(b) Simple menu mobile food unit having similar food handling operations
specified under Type III, IV, or V establishment.
Section 5. Section 617 of the Richfield Code of Ordinances is amended to add a
new subsection 617.17 as follows:
617.17. – Mobile food units.
Subdivision. 1. Locations. A mobile food unit may only operate in the locations
set forth in this subdivision. A mobile food unit may operate on private non-residential
property (including property in commercial, industrial, or mixed-use zoning districts) and
on private residential property, subject to all licensing and performance standard
requirements. A mobile food unit may operate on local, collector or arterial streets
designated as local or as approved by the Issuing Authority.. A mobile food unit may only
operate in a city park or on city property with the prior written approval of the City;
additional permits may be required for such operations.
Subd. 2. Performance standards – all locations. Mobile food units located in both
residential and non-residential areas are subject to the following performance standards;
(a) No mobile food unit may park or operate in the public right-of-way unless
approved by the Issuing Authority.
(b) Mobile food units may be parked within required parking areas, but must be
parked on asphalt, concrete, or other surfaces approved by the Issuing
Authority. Grass is not an approved surface.
(c) Mobile food units, including service areas and accessory outdoor seating, may
not block sidewalks or fire lanes, impede pedestrian or vehicular circulation, or
interfere with public safety.
(d) Mobile food units must be located at least ten (10) feet away from building
entrances, hydrants, and other mobile food units.
(e) No mobile food unit may be located within a parking structure.
Page 56 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
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(f) Mobile food units must depart from the site when not in operation, unless they
are operating at the same site as their affiliated licensed commercial kitchen or
commissary.
(g) The owner or operator of the mobile food unit must provide trash and recycling
receptacles for customer use and keep the site free from litter, refuse, debris,
junk or other waste.
(h) No mobile food unit waste liquids, garbage, litter or refuse may be dumped or
drained into sidewalks, streets, gutters, drains, public trash receptacles, or any
other place except at the licensed commercial kitchen or commissary associated
with the mobile food unit.
(i) All mobile food unit signs must be affixed to the vehicle or trailer and in
compliance with Appendix B, Section 549, the sign code.
(j) No sound amplification, noisemakers, or flashing lights are permitted.
Subd. 3. Performance standards – residential areas. Mobile food units located in
residential areas are subject to the following performance standards;
(a) Mobile food unit service is limited to private guests of the property owner for
catering purposes only (such as a private graduation party or wedding) and not
open for sales to the general public.
(b) No more than one mobile food unit may operate at one time on a site.
(c) Mobile food units may operate only between the hours of 10:00 a.m. and 9:00
p.m.
(d) No mobile food unit may be stored overnight or maintained on residential
property, including on public rights-of-way abutting residential properties.
(e) A site may not host a mobile food unit more than three days per year.
Subd. 4. Performance standards – non-residential areas. Mobile food units
located in non-residential areas are subject to the following performance standards;
(a) No more than three mobile food units may operate at one time on a site unless
affiliated with an approved special event.
(b) Mobile food units must be located at least 100 feet from an exterior entrance to
a restaurant or building occupied by a restaurant unless approved in writing by
the owner or operator of the subject restaurant.
Page 57 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
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(c) Mobile food units located in non-residential areas may operate only between the
hours of 7:00 a.m. and 10:00 p.m.
Subd. 5. Performance standards – collector and arterial streets. Mobile food units
located on a collector or arterial street are subject to the following additional performance
standards:
(a) The customer ordering and pickup areas must be facing a street with a
sidewalk; and
(b) The MFU must be parked entirely within a striped parking lane, or if unstriped,
on a side of the street that allows parking.
(c) An applicant not able to comply with (b) of this subdivision may temporarily park
the MFU in an alternate location if the applicant applies for and obtains approval
from the City for a right-of-way obstruction permit.
Section 6. Subsection 617.21 of the Richfield Code of Ordinances is amended as
follows:
Subdivision 1. Administrative variance request. Relief from the strict compliance
with the requirements of section 617.19 and those parts of Minnesota Rules, Chapter
4626 hereof may be granted in the form of a variance. Variance requests shall not be
considered from those specifically listed in Minnesota Rules, chapter 4626.1690, subpart
A (1) through (4). The variance application must be from the party to whom the
requirement applies and must be in writing and submitted to the Health Authority,
including, at a minimum, the following information:
(a) The full name, address, daytime and evening telephone numbers of the party
requesting a variance;
(b) The address of the licensed premises;
(c) The relationship of the party requesting a variance to the licensed premises;
(d) The specific language in the City Code or State Rule or Rules from which the
variance is requested and the reasons why the requirements of City Code or State Rule
cannot be met;
(e) A description of alternative measures that will be taken to ensure a comparable
degree of protection to the health or the environment if a variance is granted;
(f) The length of time for which the variance is requested;
(g) A statement that the person applying for the variance will comply with the terms
of the variance and maintain a copy, if granted;
(h) A HACCP plan, if required under part 4626.1730, that includes the information
in part 4626.1735 that is relevant to the variance requested; and
(i) Other relevant information the City determines necessary to properly evaluate
the request for a variance.
Page 58 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
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Section 7. Subsection 617.23 of the Richfield Code of Ordinances is amended as
follows:
Subdivision 1. Temporary suspension. The Health Authority, with the approval of the
City Manager, shall immediately suspend the license of any food establishment or mobile food
unit for the violation of any terms of this section if such violations constitute an imminent public
health hazard. Upon notification by the Health Authority of a temporary suspension of license,
by posting of the report as set forth at the time of the inspection, the licensee shall forthwith
cease operation. The licensee may appeal the temporary suspension in writing to the City
Council. Upon notification in writing by the licensee to the Health Authority that all violations
for which the temporary suspension was invoked have been corrected, the Health Authority
shall reinspect the food establishment within two (2) City business days or other reasonable
agreed upon length of time. If all violations constituting the grounds for the temporary
suspension have been corrected, the Health Authority shall forthwith terminate the
suspension. The Health Authority shall not suspend a license if the violation or violations
constituting an imminent public hazard can be eliminated or removed immediately.
Section 8. Subsection 617.27 of the Richfield Code of Ordinances is amended as
follows:
Subdivision 1. The Health Authority shall inspect each food establishment and mobile
food unit prior to issuing a license and as deemed necessary by the Health Authority. The
Health Authority shall not issue a license until the food establishment or mobile food unit
complies with the standards of this section as demonstrated by a satisfactory inspection.
Subd. 2. The Health Authority, after proper identification, shall have the right to enter
and have access to the food establishment or mobile food unit at any time during the conduct
of business.
Subd. 3. The Health Authority shall inspect each food establishment and mobile food
unit as frequently as necessary during construction, and prior to opening for service to the
public, to ensure that construction and operations are in conformance with this section.
Subd. 4. The Health Authority shall inspect each food establishment and mobile food
unit at a frequency no less often than State law requires.
Subd. 5. The licensee, owner, or operator of a food establishment or mobile food unit
upon receipt of a health inspection report giving notice of violations of this section shall correct
or remove each violation in the length of time determined by the Health Authority. Priority 1
and priority 2 food code violations shall be complied with immediately or within 24 hours if not
otherwise specified by the Health Authority. Failure to remove or correct each violation within
the specified time period shall constitute a separate violation of this section. The Health
Page 59 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
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Authority may issue orders to halt construction or remodeling, or to take corrective measures
to ensure compliance with this section.
Subd. 6. The person in charge of the food establishment or mobile food unit shall make
available and allow copying of any and all relevant records necessary to ascertain compliance
with this section within a reasonable time period.
Section 9. Subsection 617.29 of the Richfield Code of Ordinances is amended as
follows:
617.29. – Grounds for emergency closure.
If any of the following conditions exist, the operator or person in charge may be ordered
to discontinue all operations of the food establishment or mobile food unit until such time as
the Health Authority confirms the correction of the violation:
Subdivision 1. Failure to possess a license as required by section 617.07, as
amended;
Subd. 2. Evidence of a sewage backup in a food preparation, food storage, or utensil
washing area;
Subd. 3. Lack of potable, plumbed, hot or cold water to the extent that hand washing,
food preparation, or toilet facilities are not operational;
Subd. 4. Lack of electricity or gas service to the extent that hand washing, utensil
washing, food preparation, ventilation, lighting, or toilet facilities are not operational;
Subd. 5. Evidence of an ongoing illness associated with the operation of the food
establishment or mobile food unit;
Subd. 6. Significant damage to the food establishment or mobile food unit due to
tornado, fire, flood, or other disaster;
Subd. 7. Evidence of an extensive infestation of rodents or other vermin;
Subd. 8. Evidence of cross contamination, filthy conditions, or poor personal hygiene
to the extent of posing an imminent health risk;
Subd. 9. Lack of an effective means of sanitizing dishes or utensils;
Subd. 10. Misuse of poisons or toxic materials; or
Page 60 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
BILL NO. 2026-XX
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Subd. 11. The existence of any public health nuisance, as defined in Minnesota
Statutes, section 145A.02, subdivision 17, as amended, or section 925 of this Code.
Section 10. This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Adopted by the City Council of the City of Richfield on this 22nd day of September, 2026.
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
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 61 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO. 12XXX
Motion by:
Seconded by:
A RESOLUTION ESTABLISHING MOBILE FOOD UNIT FEES
PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
SECTION 1. ESTABLISHING FEES
A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be
as stated in the sections of this Resolution.
B. Nothing in this section shall be deemed to require the City to issue or renew any license for which the
fee has not been paid in a timely manner.
SECTION 2. FOOD ESTABLISHMENTS
Annual Complex Menu Mobile Food Unit Type I or II $385.00
Annual Simple Menu Mobile Food Unit Type III, IV, or V $244.00
(5) Temporary Food Multi-Vendor $955.00
(H) Farmer’s Market Stand (stands not exempted from
licensing in Minnesota Statue Chapter 28A)
$228.00
BOLD represents added/amended fee
SUMMARY PUBLICATION
BILL NO. ________
AN ORDINANCE AMENDING CHAPTER 617 OF THE CITY CODE
This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter.
This ordinance amends City Code Chapter 617 to include new provisions relating to mobile food
units and associated fees.
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 Support Services Manager at 612-861-9881.
Passed by the City Council of the City of Richfield this 22nd day of September, 2026.
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 62 of 119
City Council Meeting 9/22/2026
Agenda Section: Consent Calendar
Agenda Item: 7.e.
Report Prepared By:
John Evans, Analyst
Department Director:
Karl Huemiller, Recreation Director
Item for Consideration:
Consider the approval of a lease agreement between the City of Richfield and
6232 Lyndale, LLC, for the use of a parcel of land owned by the City of Richfield
on Lyndale Avenue, and consider authorizing staff to execute the agreement.
EXECUTIVE SUMMARY
The City of Richfield owns a small piece of land on the west side of Lyndale Avenue,
immediately adjacent to the eastbound exit off Crosstown Highway 62, that was given to
the City by MnDOT. The business just south of this piece of land has worked with
MnDOT to use the land in exchange for a fee. Now that ownership of the land has
officially been transferred to the City of Richfield, the business will terminate their
agreement with MnDOT and enter into a lease agreement with the City of Richfield for
use of this land. The lease will be effective for 15 years and considered for renewal at
that time.
RECOMMENDED ACTION
By Motion: Approve a lease agreement between the City of Richfield and 6232
Lyndale, LLC, for the use of a parcel of land owned by the City of Richfield on
Lyndale Avenue, and authorize staff to execute the agreement.
HISTORICAL CONTEXT
In 2006, the reconstruction of Crosstown Highway 62 required the use of a piece of land
that was part of Madison Park. As mitigation for this use of park land, MnDOT
transferred ownership of a remnant of land on the west side of Lyndale Avenue,
immediately adjacent to the eastbound exit off Crosstown Highway 62.
The business just south of this piece of land has worked with MnDOT to use the land in
exchange for a fee. Now that ownership of the land has officially been transferred to the
City of Richfield, the business will terminate their agreement with MnDOT and enter into
a lease agreement with the City of Richfield for use of this land. The business uses the
land for additional parking. Without the lease, the business only has 2 parking spaces,
which reduces the potential uses for the site.
As part of the lease, 6232 Lyndale, LLC will improve the parking lot on the property and
will receive a credit for the cost of improvements up to $30,000 plus interest spread over
the term of the lease. The lease will be effective for 15 years and considered for
renewal at that time.
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EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
The revenue from this lease agreement will be managed by Richfield Recreation
Services staff, who can use it for programs and facilities, including the Recreation
Services Fee Assistance Program, which provides financial assistance to qualifying
Richfield families to use for participation in recreation programs and access to
recreation facilities.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
The agreement provides terms for any use of the land or environmental impacts, in
order to remain in compliance with all applicable law.
CRITICAL TIMING ISSUES
In order to process the agreement in tandem with the land ownership transfer and the
discontinuation of the user's previous agreement with MnDOT, the proposed agreement
with the City of Richfield will need to be considered in a timely fashion.
FINANCIAL IMPACT
The annual lease revenue will begin at $4,200 for the 2026-2027 lease year and will be
adjusted for inflation by 3% each year, beginning in 2028. This will be managed by
Richfield Recreation Services staff, who can use it for programs and facilities, including
the Recreation Services Fee Assistance Program, which provides financial assistance
to qualifying Richfield families to use for participation in recreation programs and access
to recreation facilities.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the agreement.
ALTERNATIVE RECOMMENDATION(S)
None
ATTACHMENTS
1. 2026-09-22 Lease_Agreement for Lyndale Property
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1 1080536.v9A
LEASE AGREEMENT
This Lease Agreement (this “Lease”) is made this __ day of _____________, 2026 by and
between the City of Richfield, a body corporate and politic in the state of Minnesota (the “Landlord”) and [6232 Lyndale, LLC, a Minnesota limited liability company]1 (the “Tenant”). 1. [2Premises. In consideration of the rents, covenants, and agreements herein reserved and
contained on the part of Tenant to be performed, Landlord does hereby lease to Tenant the
land which is depicted on the attached Exhibit A (the “Leased Premises”)]. 2. Lease Term. The terms of this Lease shall become effective on the date this Lease is fully executed by the parties; provided, however, that Tenant’s obligation to pay rent hereunder
shall commence on January 1, 2027 (the “Commencement Date”). The Lease shall expire
on December 31, 2042, subject to the termination and cancellation provisions contained herein (the “Term”). For avoidance of doubt, if this Lease is signed and the Permitted Improvements are completed in accordance with the terms of this Lease and approved in writing by the Landlord, Tenant may begin using the Leased Premises prior to the
Commencement Date at no additional cost to Tenant. Either Party may terminate this
Lease according to the terms herein. Upon the effective date of any termination hereunder the Tenant shall vacate the Leased Premises. 3. Relocation Assistance. The Tenant understands and acknowledges that the Leased
Premises are part of the property the Landlord either intends to develop or use for right-of-
way purposes (the “Project”) and that the Leased Premises are being leased to the Tenant under this Lease on a 15-year lease basis, subject to the terms herein. The Tenant understands, acknowledges, and agrees that in the event of termination of this Lease, the Tenant shall not qualify as a “displaced person” as described in Minnesota Statutes Section
117.50; 42 U.S.C. Section 4601; or 49 C.F.R. Part 24.2 and shall not be eligible for
relocation assistance benefits or services under state or federal law. Notwithstanding the foregoing, in the event that the Leased Premises is used for future right-of-way purposes, to the extent that Landlord has not terminated the Tenant’s rights according to the terms herein, then Tenant shall be entitled to make a claim for relocation assistance in accordance
with applicable law.
For avoidance of doubt, nothing in this Lease shall create any long-term interest or expectation of any interest in Tenant’s right to continued use of the Leased Premises beyond the express terms (which is a 15-year lease) included herein. [In the event that
Tenant’s use of the Leased Premises pursuant to this Lease is utilized as part of an
application to the City of Richfield to use the neighboring properties in a different manner, including but not limited to a use which requires additional parking, then such change is made solely at Tenant’s risk and upon expiration or termination of this Lease Tenant recognizes that it may be required to return the neighboring properties to a use that
complies with all applicable laws. For avoidance of doubt, Tenant hereby expressly waives
1 NTD: Final legal entity to be updated.
2 Note to Tenant: It is the City’s understanding that the Tenant has a copy of a Survey for this area that could be incorporated as an Exhibit.
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any claim to a vested interest in the ongoing used of the Leased Premises for any purpose beyond the scope of the rights contained herein.]3
4. Base Rent. Tenant shall pay Landlord rent in the amount of $4,200.00 annually (the “Base Rent”). Rent shall be due and payable on or before January 1 of each calendar year, commencing on the Commencement Date, and continuing during the term of this Lease.
a. Upon execution of this Lease, Tenant shall pay to Landlord an initial Rent payment
for the year of 2027.
b. Beginning on January 1, 2028 and annually thereafter, each Base Rent payment shall be increased by 3%, rounded to the nearest dollar.
5. Tenant Improvements; Credit. Landlord and Tenant agree that Tenant shall be permitted
to make certain improvements to the Leased Premises, which improvements shall become part of the Leased Premises. Before making any such improvements, the Tenant shall submit the proposed improvements to the Landlord for review and approval, and Tenant shall only be authorized to make those improvements which are approved by the Landlord
in writing (the “Permitted Improvements”). Upon completion of the Permitted
Improvements, to the City’s satisfaction in its commercially reasonable judgment, Tenant shall be entitled to reimbursement for such costs associated with construction of the Permitted Improvements according to the terms of this Section. For avoidance of doubt, nothing in this Lease shall be interpreted as modifying the Tenant’s obligation to apply to
the City of Richfield for any required permits or approvals related to such improvements.
a. Tenant shall provide the City with written invoices showing the costs of all work completed in furtherance of the Permitted Improvements, along with final lien waivers from all contractors performing work on the Permitted Improvements and any other documentation that the City may require in its commercially reasonable
judgment.
b. Upon review of such invoices, the City shall provide the Tenant with a schedule showing the reimbursement of all approved costs related to the Permitted Improvements amortized over 15 years at an interest rate of 4% per annum. The Tenant shall be entitled to one payment per calendar year provided in the form of a
rebate on rent due.
c. Each year, the payment shall be applied against the Base Rent due. In no event will the Landlord be required to make a cash payment to Tenant, except in the case that this Lease is terminated, and then pursuant to the terms hereof.
d. In no event shall the costs associated with construction of the Permitted
Improvements eligible for reimbursement hereunder exceed $30,000.00 (the
3 Note to Tenant: It is the City’s understanding that the use of the Leased Premises may support an application to modify the permitted use of the adjacent properties. To the extent that occurs, the City requires the Tenant to expressly waive any claim that Tenant has any vested interest to continue the modified use if or when the Lease is terminated or expires.
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“Reimbursement Cap”). If the City required improvements to the site are reasonably estimated to exceed $30,000, Tenant shall have the option to cancel and
terminate this Lease Agreement. In the event such costs do exceed the
Reimbursement Cap, and Tenant does not exercise its option to terminate this Lease, unless otherwise agreed to by the parties in writing, Tenant shall be solely responsible for any costs incurred which exceed the Reimbursement Cap.
e. In the event that this Lease is terminated prior to the expiration of the Term,
reimbursements under this Section shall be handled according to the terms herein.
f. In the event that Tenant sells its property adjacent to the Leased Premises, and Landlord has approved an assignment of this Lease as provided herein, all amounts due from the Landlord hereunder shall be transferred and assigned to the Buyer of the property located at 6232 Lyndale Avenue South. Tenant shall remain liable for
all amounts due under this Lease unless and until the purchaser of the adjacent
parcel and the Landlord have entered into an agreement novating Tenant’s obligations hereunder.
g. In the event that Tenant makes any such improvements as authorized hereunder, Tenant shall remain solely responsible for making all payments to contractors,
material suppliers, and all other parties with valid claims in a timely manner. In the
event that Tenant fails to make such payments, Landlord is authorized, but not obligated to, make payment to such third party and include such amounts, plus a convenience fee of 20%, as additional rent to be included with Base Rent. Failure of Tenant to comply with its payment obligations hereunder shall be considered a
material breach of this Lease, and Landlord shall be entitled to terminate this Lease
upon 5 days’ written notice to Tenant.
6. Maintenance. Tenant shall be responsible for maintaining the Leased Premises , which includes snow plowing. Tenant may temporarily store snow within the area depicted on Exhibit B attached hereto. For avoidance of doubt, the Tenant must comply with all
applicable law regarding plowing and storage of snow, and nothing herein shall be
interpreted as the Landlord authorizing Tenant to utilize any area other than the Leased Premises for any activity, including existing MNDOT right-of-way. Tenant shall further ensure that the Leased Premises is at all times free of trash, debris, and is otherwise being operated in a clean and safe manner. Tenant shall also be responsible for prompt clean up
each spring.
7. Additional Rent. Except as otherwise expressly provided herein, if at any time Tenant fails to pay any amount required by this Lease or to obtain, pay for, maintain, or deliver any of the insurance policies herein provided for, or fails to make any other payment or perform any other act required to be made or performed under the Lease, then Landlord,
upon written notice to Tenant (and provide Tenant has at least thirty (30) days to cure any
claimed default), without waiving or releasing Tenant from any obligation of Tenant contained in this Lease, and without obligation to do so, may affect any such insurance coverage and pay the premiums therefor, and may make any other payment or perform any other act on the part of Tenant to be made and performed as provided in this Lease, in such
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manner and to such extent as Landlord may deem reasonably necessary, and in exercising such right to pay necessary and incidental costs and expenses. All sums so paid by
Landlord, together with interest thereon at the maximum rate permitted by law or six
percent per annum, whichever is less, from the date of the making of such expenditure by Landlord, shall be payable to Landlord as “Additional Rent,” and except as otherwise provided for in the Lease, shall be payable on demand by Landlord. Tenant covenants to pay any such sum or sums with interest and Landlord shall have (in addition to all other
rights or remedies of Landlord) the same rights and remedies in the event of nonpayment
by Tenant as in the case of default by Tenant in payment of the Base Rent.
8. Taxes. The Parties agree and acknowledge that the Leased Premises is presently exempt from real property taxes. In the event that such designation is modified during the Term of this Lease, Landlord shall be solely responsible for any property or personal taxes on the
leased premises. Landlord shall be responsible for making such tax payments.
9. Permitted Use; Non-Interference.
a. Tenant shall use the Leased Premises solely for off-street vehicle parking for the adjacent building located at 6232 Lyndale Avenue South. No other uses are permitted. All uses of the Leased Premises shall at all times comply with the terms
of this Lease as well as any applicable law, rule, or regulation, including but not
limited to any land use or other approvals granted by the City of Richfield. Failure to comply with any terms or conditions of any such approval shall be a default of this Lease, and Landlord may terminate this Lease upon written notice to Tenant (provided Tenant has at least a 30-day cure period after the date Tenant receives
Landlord’s written notice of default) (the “Cure Period”), unless Tenant cures such
default within the Cure Period. In the event that Landlord is required to notify Tenant twice during any calendar year of a default under this Section, on the third notice Tenant shall not be entitled a right to cure during the Cure Period and the Lease shall terminate 30 days after such notice.
b. Landlord and Tenant expressly acknowledge that the Leased Premises are currently
used for ingress and egress for adjacent businesses and their customers, employees, and invitees. Landlord and Tenant shall not take or permit any action which interferes with or prohibits such customers, employees, or invitees from utilizing the designated drive aisle that is part of the Leased Premises. Any violation of this
Section by Landlord or Tenant shall constitute a default hereunder.
10. AS-IS Condition of Leased Premises. Neither Landlord nor any agent, contractor, or employee of Landlord has made any representations or promises with respect to the Leased Premises except as expressly provided in this Lease, and no right, privileges, easements, or licenses with respect to the Leased Premises are being acquired by Tenant except as
expressly provided in this Lease. No exhibit attached to this Lease, nor any other materials
provided by Landlord shall constitute a warranty or agreement as to the configuration of the Leased Premises. Tenant, by taking possession of the Leased Premises, shall accept the same “AS IS” except as expressly provided in this Lease and such taking of possession shall be conclusive evidence that the Leased Premises are in good and satisfactory
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condition at the time of such taking of possession. In addition to and without limitation of the immediately preceding sentence, Tenant agrees that it is leasing the Leased Premises
on an “AS IS”, “WHERE IS”, and “WITH ALL FAULTS” basis, based upon its own
judgment, and hereby disclaims any reliance upon any statement or representation whatsoever by Landlord, its agents, contractors, or employees. LANDLORD MAKES NO WARRANTY WITH RESPECT TO THE LEASED PREMISES OR ANY PART THEREOF, EXPRESS OR IMPLIED, AND LANDLORD SPECIFICALLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR
A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PREMISES, OR ANY PART THEREOF.
11. Indemnity.
a. To the fullest extent permitted by law, Tenant agrees to indemnify Landlord, its
officials, employees, contractors, agents, and others acting on its behalf, to hold them harmless, and to defend and protect them, from and against any and all loss, damage, liability, cost and expense (specifically including reasonable attorneys’ fees and other costs and expenses of defense), of any sort whatsoever, based upon, resulting from, or otherwise arising out of and in
connection with any actions, claims or proceedings (from any source whatsoever) brought, or any
loss, damage or injury of any type whatsoever sustained, by reason of any act or omission of Tenant, its officers, employees, contractors, agents, assignees, or subletters, or any other persons or entities for whose acts or omissions Tenant is legally responsible, in the performance of any of Tenant’s obligations (whether express or implied) under this Lease.
b. Tenant, its officers, employees, contractors, agents and others acting on its behalf
agrees to indemnify, defend, and hold harmless Landlord, its officials, employees, contractors, agents, and others acting on its behalf from any and all claims, losses, damages, liabilities, causes of action, judgments, costs or expenses, including reasonable attorneys’ fees which may be imposed upon or incurred by or asserted against Landlord or its officials, employees, contractors, agents, and others
acting on its behalf with respect to any use, nonuse, or condition of the Leased Premises created by
the Tenant or its invitees or attributable to the Tenant’s use or manner of use of the Leased Premises.
c. Notwithstanding anything to the contrary in the Lease, Landlord does not waive any statutory limited immunity from municipal tort liability available to it under Minnesota Statutes, Chapter 466 or as otherwise provided. Such statutory limited immunity shall apply
whether an action, claim, demand, or lawsuit is initiated by Tenant or by any third party. In no
event, shall Tenant assert or rely upon such statutory limited liability of Landlord to avoid liability for any act for which Tenant would otherwise be legally responsible.
d. Tenant’s indemnification obligations under this Section shall continue regardless of whether Tenant occupies the Leased Premises, or Tenant permits another party to occupy and
use the Leased Premises as permitted hereunder.
e. The obligations of this Section shall survive the expiration or other termination of this Lease.
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12. Insurance.
a. Tenant and its contractors, subcontractors, and agents must carry insurance during
the term of this Lease in accordance with the following requirements:
1. Worker’s Compensation Insurance with limits as provided by statute, with all necessary statutory elections to provide coverage for actions brought by or claims made by any person doing work on the Leased Premises pursuant to this Lease.
2. Comprehensive Auto Liability Insurance with minimum combined single
limits of $1,000,000 per occurrence.
3. Comprehensive Commercial General Liability Insurance with minimum combined single limits of $2,000,000 per occurrence.
4. Insurance covering Tenant’s personal property located on or within the Leased Premises.
5. All insurance required by this Section may be carried under a separate
policy or a rider or endorsement; shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the state of Minnesota. All policies related to this Lease Agreement shall include the Landlord listed as an additional insured.
6. Tenant shall provide to Landlord a certificate of insurance evidencing that
all insurance required by this Section is in effect and complies with the requirements of this Section.
b. Landlord will carry insurance during the term of this Lease for the full insurable value of the Leased Premises, with the exception of the fixtures and Tenant’s personal property
located on or within the Leased Premises. The cost of carrying said insurance shall be the
responsibility of Landlord. Tenant hereby waives and releases all claims, liabilities, and causes of action against Landlord and its officials, employees, contractors, and agents for loss or damage to, or destruction of the fixtures and personal property of Tenant, located in, upon or about the Leased Premises.
c. All insurance policies shall contain an endorsement requiring 30 days’ written notice from the insurance company to both parties before cancellation or change in coverage, scope, or amount of any such policy; and contain the standard form of waiver of subrogation.
13. Environmental.
a. HAZARDOUS SUBSTANCES. Tenant agrees that throughout the term of the Lease, it shall not use the Leased Premises for the storage, handling, transportation, or disposal of any Hazardous Substances. “Hazardous Substances” for purposes of this Lease shall be interpreted broadly to include, but not be limited to, any material or substance that
is defined, regulated or classified under any Environmental Law of other applicable federal,
state or local laws and the regulations promulgated thereunder as: (i) a “hazardous
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substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601(14), the Federal Water Pollution Control
Act, 33 U.S.C. §1321(14), as now or hereafter amended; (ii) a “hazardous waste” pursuant
to Section 1004 or Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6903(5) , 6921, as now or hereafter amended; (iii) toxic pollutant under Section 307(a)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §1317(a)(1) as now or hereafter amended; (iv) a “hazardous air pollutant” under Section 112 of the Clean Air Act,
42 U.S.C. §7412(a)(6), as now or hereafter amended; (v) a “hazardous material” under the
Hazardous Materials Transportation Uniform Safety Act of 1990, 49 U.S.C. §5102(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to regulations promulgated now or hereafter under the aforementioned laws or any state or local counterpart to any of the aforementioned laws; or (vii) presenting a risk to human health or the environment
under other applicable federal, state or local laws, ordinances or regulations, as now or as
may be passed or promulgated in the future. “Hazardous Substances” shall also mean any substance that after release into the environment or upon exposure, ingestion, inhalation, or assimilation, either directly from the environment or directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior
abnormalities, cancer, or genetic abnormalities and specifically includes, but is not limited
to, asbestos, polychlorinated biphenyls (“PCBs”), radioactive materials, including radon and naturally occurring radio nuclides, natural gas, natural gas liquids, liquefied natural gas, synthetic gas, oil, petroleum and petroleum-based derivatives and urea formaldehyde.
b. Tenant will be solely liable for and will defend, indemnify, and hold Landlord, its
officials, employees, contractors, and agents harmless from and against any and all claims,
costs, and liabilities, including reasonable attorneys’ fees and costs, arising out of or in connection with Tenant’s use, storage, handling, transportation, or disposal of Hazardous Substances on, at, or under the Leased Premises, including cleanup or restoration of the Leased Premises.
c. The obligations of this Section shall survive at the expiration or other termination
of this Lease.
14. Destruction and Restoration. If fire or other casualty partially damages or destroys the Leased Premises, or the Leased Premises incurs substantial damage due to vandalism or other unforeseen cause that occurs during the term of this Lease, this Lease shall terminate.
As used in this Section, “substantial damage” means damage that fundamentally interferes
with Tenant’s ability to continue to use the Leased Premises for the permitted use under Section 7 of this Lease.
Landlord shall have no obligation to perform any repairs to the Leased Premises.
In the event that Landlord terminates this Lease for convenience, Landlord shall be
required to reimburse Tenant for the remaining costs for the Permitted Improvements that
Tenant has not been reimbursed for upon the effective date of such termination. For avoidance of doubt, Landlord shall have no other obligation to repay Tenant for any costs associated with the Permitted Improvements which have not previously been reimbursed.
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15. Surrender. Upon termination or expiration of this Lease, Tenant shall peaceably surrender the Leased Premises and remove all debris and personal property from the Leased
Premises. Tenant shall not remove any of the Permitted Improvements or other
improvements, appliances, or fixtures. Tenant shall be conclusively deemed to have abandoned any personal property not removed prior to the (i) effective date of Landlord’s termination of this Lease, (ii) expiration of the Term, or (iii) Tenant’s surrender of the Leased Premises. All debris and personal property may be disposed of by Landlord. Tenant
shall be responsible for such disposal costs.
16. Default.
a. Any one of the following events shall constitute an event of default (an “Event of Default”):
i. Tenant fails to pay any monthly installment of Base Rent or Additional
Rent, and such default shall continue for a period of five days;
ii. Tenant violates or fails to perform any of the other conditions, covenants, or agreements made by Tenant in this Lease and such default continues for 30 days after written notice to Tenant from Landlord; provided, however, that if the Tenant informs Landlord in writing that the nature of such default
is such that Tenant can cure the default, but not within 30days, then the
Event of Default shall be suspended for a period not in excess of 30 additional days, provided that Tenant diligently and continuously prosecutes the curing of the default, and so long as continuation of the default does not create a material risk to the Leased Premises or to persons
using the Leased Premises; or
iii. Tenant files or has filed against it any bankruptcy, receivership, or other creditor’s action or makes an assignment for the benefit of creditors.
b. If an Event of Default occurs and continues, Landlord may at its sole option by written notice to Tenant terminate the Lease. Neither the passage of time after the
occurrence of the Event of Default nor exercise by Landlord of any other remedy with
regard to such Event of Default shall limit Landlord’s rights under this Section.
c. If an Event of Default has occurred and continues, whether or not Landlord elects to terminate this Lease, Landlord may enter upon and repossess the Leased Premises (the “Repossession”) by force, summary proceedings, ejectment, or otherwise, and may remove
Tenant and all other persons and property from the Leased Premises. In the event the
Landlord reenters the Leased Premises pursuant to this paragraph and Tenant fails to remove its personal property within the time period provided in Section 14 of this Lease, all items of personal property not removed shall be deemed abandoned, and title thereto shall transfer to the Landlord at the expiration of such period or, upon Tenant’s vacation of
the Leased Premises. These items may be disposed of by Landlord. Tenant shall be
responsible for any disposal costs.
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d. Termination of this Lease or Repossession shall relieve Tenant of its obligations related to the use and occupancy of the Leased Premises, but any obligation which
expressly survives expiration or termination of this Lease shall survive such termination,
expiration, or Repossession.
e. In addition to all other remedies of Landlord, Landlord shall be entitled to reimbursement upon demand of all reasonable attorneys’ fees incurred by Landlord in connection with any Event of Default.
f. Landlord shall, in no event, be considered to be in default of Landlord’s obligations
under this Lease until the expiration of 30 days’ written notice of default from Tenant. Landlord shall not be in default if, within the 30-day period, Landlord is proceeding to cure the default with reasonable diligence and in good faith.
g. Tenant shall, in no event, be considered to be in default of Tenant’s obligations
under this Lease until the expiration of 30 days’ written notice of default from Landlord.
Tenant shall not be in default if, within the 30-day period, Tenant is proceeding to cure the default with reasonable diligence and in good faith. For avoidance of doubt, where this Lease expressly limits this notice obligation to twice per calendar year, such term shall apply to limit Tenant’s notice and right to cure.
h. No remedy provided for herein or elsewhere in this Lease or otherwise available to
either party by law, statute, or equity, shall be exclusive of any other remedy, but all such remedies shall be cumulative and may be exercised from time to time and as often as the occasion may arise.
17. Termination for Convenience. Tenant may terminate this Lease, without cause,
according to the following terms.
a. Termination by Tenant. Tenant may terminate this Lease upon 120 days’ written notice to Landlord. In the event that Tenant terminates the Lease, there shall be no reimbursement for the rent already paid in the termination year. Further, in the event
that Tenant terminates this Lease, Tenant shall forfeit any right to claim or collect
any further reimbursement from the Landlord for approved cost of the Permitted Improvements, and such Permitted Improvements shall transfer to the Landlord’s ownership according to the terms herein.
18. Waiver. No waiver by either party of any breach of any agreement herein contained shall
operate as a waiver of such agreement itself, or of any subsequent breach. No payment by Tenant, receipt by Landlord of a lesser amount than the annual installments of the Base Rent shall be deemed to be a waiver of Landlord’s right to receive the balance of delinquent lease payments, to terminate this Lease, to repossess the Leased Premises or to pursue any
other remedy provided in this Lease. No re-entry by Landlord, and no acceptance by
Landlord of keys from Tenant, shall be considered an acceptance of a surrender of the Lease.
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19. Liens. Tenant shall not permit any mechanics,’ materialmen’s, or other liens to stand against the Leased Premises or any part thereof for work or materials furnished to Tenant
or its contractors or subcontractors in connection with this Lease. Tenant agrees to
indemnify, defend, and hold harmless Landlord from and against the same.
20. Assignment & Subletting. Tenant shall not assign or sublet the Leased Premises without the written approval of Landlord, which approval shall be made in the Landlord’s sole discretion. In the event that Tenant does assign or sublet the Leased Premises with
Landlord’s prior written approval, Tenant shall remain liable to Landlord for compliance
with the terms of this Lease, until such time as the Tenant and Landlord have agreed to novate Tenant’s obligations hereunder. Further, Tenant shall ensure that any agreement it enters into with such assignee or subletter requires such party to fully comply with the terms herein.
21. Access to Premises. Tenant shall permit Landlord and the authorized representatives of
Landlord to enter the Leased Premises at all times during usual business hours for the purpose of inspecting the same in order to ensure that the Leased Premises complies with any laws, ordinances, rules, regulations, requirements, and orders of any public authority. NOTHING HEREIN SHALL IMPLY ANY DUTY ON THE PART OF LANDLORD TO
DO ANY SUCH WORK UNDER ANY PROVISION OF THIS LEASE, Tenant may be
required to perform, and the performance thereof shall not constitute a waiver of Tenant’s default in failing to perform the same. Landlord shall, in connection with such inspection, cause as little inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant as may reasonably be possible in the circumstances, but in no event shall Landlord
be liable for any inconvenience, loss of business, or other damage experienced by Tenant.
22. Quiet Enjoyment. Tenant, subject to the terms and provisions of this Lease, on payment of rent and observing, keeping, and performing all of the terms and provisions of this Lease, shall lawfully, peaceably, and quietly have, hold, occupy and enjoy the Leased Premises during the term hereof without hindrance or objection by any persons lawfully claiming
under Landlord.
23. Signs. Upon prior written approval by Landlord, which consent shall not be unreasonably withheld, of location, design, and construction, Tenant may erect such signs upon the Leased Premises as it may deem desirable, as long as said signs do not violate the applicable City of Richfield codes and state codes, laws, and regulations. Said signs shall
be erected and removed at Tenant’s expense. Tenant shall obtain any necessary permits
for said signs.
24. Holding Over. In the absence of any written agreement to the contrary, if Tenant should continue to occupy the Leased Premises following the expiration of the Lease, Tenant shall remain as a month-to-month tenant and all provisions of the Lease applicable to such
tenancy shall remain in full force and effect. During such tenancy, the monthly Base Rent
shall be one-twelfth of the annual Base Rent and payable on the first of each month. In any such event, Tenant shall be liable to Landlord for damages which Landlord may incur as a result of such holding over, including but not limited to damages incurred because of Project delays or loss of a prospective successor tenant. If Tenant is a holdover tenant and
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if Tenant continues to occupy the Leased Premises following the termination of such holdover (by a proper notice as to such month-to-month tenancy), then the forgoing
provision of this Section shall apply in the same manner as when Tenant continued to
occupy following the expiration of the Lease term.
25. Compliance With Laws. Tenant, at its sole expense, shall promptly comply with all laws, ordinances, and requirements of federal, state, and local laws and regulations relating to Tenant’s use and occupation of the Leased Premises, and with any lawful order or direction
of any public officer relating to Tenant’s use and occupation of the Leased Premises during
the Lease term.
26. Eminent Domain. If the whole or any part of the Leased Premises shall be taken by any public authority under the power of eminent domain (which includes condemnation), Tenant shall have no ownership eminent domain claim to, nor shall Tenant be entitled to,
any ownership portion of any ownership award, for damages or other ownership eminent
domain compensation. In the event only a portion of the Leased Premises are taken, Tenant shall have the option to terminate the lease (and receive reimbursement for any outstanding improvement costs) or Tenant may elect that the Lease shall terminate as to the part taken, and the rent and other charges herein reserved shall be adjusted for the remainder of the
Leased Premises so that Tenant shall be required to pay for the balance of the term that
portion of the new agreed upon rent for the value of the part of the Leased Premises remaining after condemnation. The rental and other charges shall be apportioned as aforesaid by agreement between the parties or by legal proceedings, but pending such determination, Tenant shall pay at the time and in the manner above provided the pro-rata
share of the rent based upon the useable Leased Premises remaining and used by Tenant,
after, after any pending legal determination, Tenant shall be entitled to credit for any excess rent paid. If, however, by reason of condemnation, there is not sufficient space left in the Leased Premises for Tenant to reasonably conduct business, Tenant may elect to to terminate the Lease. Although all ownership damages in the event of condemnation belong
to Landlord whether awarded as compensation for diminution in value of the leasehold or
to the fee of the Leased Premises, nothing herein shall be construed to prevent Tenant to claim and recover from the condemning authority such compensation as may be separately awarded or recoverable by Tenant in Tenant’s own right for its leasehold interest.
27. Notices. Except as otherwise expressly provided in this Lease, any notice, demand, or
other communication under the Lease and any related document by either party to the other
shall be sufficiently given or delivered if it is dispatched by registered or certified United States Mail or delivered personally to:
(a) in the case of Tenant: 6232 Lyndale, LLC Attn: Mark Hedge
10249 Yellow Circle Drive, Suite 200
Minnetonka, MN 55343-9111 (b) in the case of Landlord: City of Richfield Attn: City Manager
6700 Portland Avenue
Page 75 of 119
12 1080536.v9A
Richfield, MN 55423
With a copy to: Kennedy & Graven, Chartered
Attn: Mary D. Tietjen 150 South Fifth Street, Suite 700 Minneapolis, MN 55802
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
28. Point of Contact. For purposes of administration of the terms of this Lease, Tenant shall direct all inquiries to the City of Richfield’s Recreational Services department, unless and until the City provides an alternative point of contact in writing to Tenant. For avoidance
of doubt, legal notice must be sent to the address provided pursuant to Section 27 of this
Lease, but inquiries regarding the application or administration of this Lease shall be directed as provided in this Section. 29. Cancellation of Prior Lease. The Parties acknowledge that the Premises was subject to a
prior lease between MNDOT and Tenant, which was dated February 1, 2016, as Lease
Number 27770 and MNDOT Contract Number 1002909 and which was further amended on or around February 1, 2017 (collectively, the “Prior Lease”). Tenant agrees that the Prior Lease shall hereby be terminated and cancelled and further hereby irrevocably releases and waives any claim against the Landlord that it may have pursuant to the Prior
Lease. For avoidance of doubt, Tenant waives any claim to any holdover rights , among
any other rights, which may have accrued pursuant to the Prior Lease or Minnesota law. This waiver of rights is a material inducement to the Landlord entering into this Lease and shall survive expiration or termination of this Lease.
30. Miscellaneous.
a. Governing law. The laws of the State of Minnesota shall govern this Lease.
b. Time. Time is of the essence in the performance of all obligations under this Lease.
c. Binding Effect. All of the covenants, conditions, and agreements herein contained shall extend to, be binding upon and inure to the benefit of the parties hereto and their respective
heirs, successors, and assigns.
d. Authority to Execute. Each party represents and warrants to the other that (i) it has the full right, power and authority to execute this Lease and has the power to grant all rights hereunder; (ii) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on said party; and
(iii) the execution and delivery of this Lease, and the performance of its obligations hereunder,
have been duly authorized by all necessary personnel or corporate officers and do not violate any provision of law or the party’s certificate of incorporation or bylaws or any other arrangement, provision of law or court order or decree.
Page 76 of 119
13 1080536.v9A
e. No Partnership. By executing this Lease, the parties are not establishing any joint undertaking, joint venture, or partnership. Each party shall act solely for its own account.
f. Severability. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
g. Amendments. All amendments to this Lease must be in writing, executed by both parties.
h. Electronic Signatures; Counterparts. This Lease may be executed in one or more
counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument. Signatures transmitted and received by electronic means, including portable document format (.pdf), electronic mail, or through an electronic signature platform, shall be deemed original signatures for all purposes and shall be binding upon the parties to the same extent as manually executed signatures. Each party agrees that it will not contest the validity or
enforceability of this Agreement solely because it was executed or delivered electronically.
TENANT:
6232 LYNDALE, LLC
By: __________________________________ Its: ___________________________________
LANDLORD: CITY OF RICHFIELD
By: __________________________________ Mary Supple Its: Mayor
By: __________________________________ Katie Rodriguez Its: City Manager
Page 77 of 119
A-1 1080536.v9A
Exhibit A
Depiction of the Leased Premises
Page 78 of 119
A-1 1080536.v9A
Exhibit B
Depiction of the Approved Snow Storage Area
Page 79 of 119
City Council Meeting 9/22/2026
Agenda Section: Resolutions
Agenda Item: 11.a.
Report Prepared By:
Steve McDaniel, Budget, Cash, and Debt Manager
Department Director:
Mary Bogie, Interim Finance Director
Item for Consideration:
Adopt the attached resolutions establishing the 2027 preliminary budget and
property tax levy, setting the date for the Truth in Taxation hearing, authorizing
budget revisions, authorizing revision of 2026 department budgets, and
approving City fees for 2027.
EXECUTIVE SUMMARY
On August 12, 2026, a City Council special meeting was held for the purpose of
presenting and discussing the 2026 Revised/2027 Proposed Budget and 2027
preliminary property tax levy. At this meeting staff presented to the City Council a
preliminary gross tax levy of $33,193,792, including a levy for general fund operations of
$26,308,418, a debt service levy of $3,916,828, an equipment and technology levy of
$2,300,805, and an Economic Development Agency levy of $667,741. The proposed
City levy increase presented at the August 12, 2026 work session was 4.55%.
Following the August 12, 2026, special meeting, staff finalized the budget book and
materials for the August 25, 2026 special meeting. While finalizing the budget book,
staff came across necessary changes to update the revenue and expenditure
categories. The levy for general fund operations was increased by $55,683 and the
equipment and technology levy was decreased by $55,683. These changes resulted in
no increase to the overall preliminary gross tax levy of $33,193,792.
With these stated changes, staff is presenting to the City Council a preliminary tax levy
of $33,193,792. This includes a levy for general fund operations of $26,364,101, a debt
service levy of $3,916,828, an equipment and technology levy of $2,245,122, and an
Economic Development Agency levy of $667,741. The proposed City levy is an
increase of 4.55% over the 2026 levy. The HRA levy of $742,230, a 0% increase, has
been approved by the HRA and is recommended to be ratified as part of this approval.
The combined City and HRA levy increase is 4.45%.
Once the preliminary levy is approved, it may be further reduced at a later City Council
meeting, but it legally cannot be increased over the preliminary approved amount. In
addition, the City must certify its proposed property tax levy for payable year 2027 to the
County Auditor and set a date for its Truth in Taxation public meeting on or before
September 30, 2026. The Truth in Taxation public meeting must be held between
November 25 and December 28, 2026, and must occur at 6:00 p.m. or later. The City’s
Truth in Taxation public meeting is scheduled for Tuesday, December 1, 2026, at 6:30
p.m.
Page 80 of 119
At the August 12, 2026, City Council special meeting staff also presented the proposed
city fees for 2027. Staff is asking Council to adopt a resolution setting City fees for
2027.
A separate transitory ordinance related to building permits, zoning, and other land use
permits fees established by Appendix D of the City's Code are included in a separate
report as they are set by ordinance, not resolution. The transitory ordinance is
scheduled to be considered at the October 13 Council meeting.
RECOMMENDED ACTION
BY MOTION: Adopt the attached resolutions establishing the 2027 preliminary
budget and property tax levy, setting the date for the Truth in Taxation hearing,
authorizing budget revisions, authorizing revision of 2026 department budgets,
and approving City fees for 2027.
HISTORICAL CONTEXT
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Considering the effects of a levy increase on residents, especially underrepresented
residents, helps to reduce the unintended consequences of higher taxes and fees.
Keeping the levy and fee increases low helps minimize effects on residents at the
household level.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
The City Charter establishes that at a special budget meeting of the Council on or
before September 15, the City Manager must submit to the Council a proposed budget
and a budget message in the form and containing the information specified in Section
7.06. Consequently, as required by the Truth in Taxation legislation (MS 275.065) each
“taxing authority” must certify its proposed property tax levy for payable year 2027 to the
County Auditor on or before September 30, 2026. “Taxing authority” includes all
counties, all school districts, all cities regardless of population, all towns, special taxing
districts. No local units of government are exempted from this requirement.
In addition, each “taxing authority” with a population of 500 or more, must certify to their
County Auditor the date that has been selected for the Truth in Taxation public meeting
by September 30, 2026. This Truth in Taxation public meeting must be held between
November 25 and December 28, 2026 and must occur at 6:00 p.m. or later.
CRITICAL TIMING ISSUES
Along with the 2026 Revised/2027 Proposed budget and preliminary property tax levy,
City staff is also recommending a date for this year’s Truth in Taxation public meeting. It
is recommended that this year’s meeting be set for 6:30 p.m. Tuesday, December 1,
2026. All official action concerning the preliminary tax levy and setting dates for the
Truth in Taxation hearings must be concluded before September 30, 2026.
FINANCIAL IMPACT
The preliminary gross levy for taxes payable 2027 as presented is $33,193,792. The
City’s tax capacity rate is anticipated to increase from 55.78% to 57.66%. Included in
the 2027 preliminary gross levy is a levy to fund the purchase of rolling stock and
Page 81 of 119
technology equipment of $2,245,122 and the levy to fund the Economic Development
Authority of $667,741.
A resolution for consideration authorizes the revision of the 2026 budget to conform to
the most recent 2026 revenue and expenditure projections. Revised revenues are
recommended to be decreased by $222,528. Overall, revised expenditures are
recommended to decrease by the same amount. However, budgeted spending is
planned to decrease by $519,944 and planned savings to increase by $297,416. The
planned savings should help the General Fund to achieve target fund balance levels of
40% of expenditures set by City policy.
LEGAL CONSIDERATIONS
N/A
ALTERNATIVE RECOMMENDATION(S)
The City Council could adopt an alternate 2027 preliminary property tax levy or 2026
Revised/2027 Proposed budget or select other allowable Truth in Taxation hearing
dates.
ATTACHMENTS
1. Proposed Budget and Tax Levy Resolution
2. Authorizing Budget Revision Resolution
3. Authorizing Revision of 2026 Budget of Various Departments
4. Appendix D Resolution - Non Building Fees - with Redline
Page 82 of 119
RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2027 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 30, 2026 and then recertified before December 28, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2027 is hereby approved and
adopted with appropriations for each of the departments to be as follows:
General Fund
Legislative/Executive 1,284,677
Administrative Services 1,141,770
Human Resources 562,852
Finance 705,066
Public Safety 14,312,605
Fire Services 6,846,680
Community Development 1,972,361
Public Works 5,807,520
Recreation Services 2,871,320
Transfers Out 388,704
TOTAL GENERAL FUND $ 35,893,555
2. The estimated gross revenue of the City of Richfield from all sources,
including general ad valorem tax levies as hereinafter set forth for the year
2027 which are more fully detailed in the City Manager’s official copy of the 2027 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $35,893,555
3. There is hereby levied upon all taxable property in the City of Richfield a
direct ad valorem tax in the year 2026, payable in 2027 for the following
purposes and in the following amounts:
PURPOSE AMOUNT General Fund1 $26,364,1012
Equipment 2,245,122 Economic Development Authority 667,741
Debt Service 3,916,828
Page 83 of 119
1 Provision has been made in the General Fund for the payment of the City’s contributory share to Public Employees’ Retirement Association.
2 General Fund Levy includes all fiscal disparities distribution amounts.
4. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2015A will be reduced from $634,731.57 to $284,832 due to the utilization of gas and electric franchise fees.
5. The debt service tax levy as established in the bond documents for the G.O.
Special Assessment Bonds, Series 2016B will be reduced from $523,656.92
to $298,657, and there will be sufficient funds in the debt service reserves to make the debt service payments.
6. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2018A will be reduced from $701,793.75
to $309,543.75 due to the utilization of gas and electric franchise fees.
7. The budget for the Housing and Redevelopment Authority of Richfield for the year 2027 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2026, payable in 2027 for the following purposes:
PURPOSE AMOUNT
Housing and Redevelopment Authority $742,230 8. A certified copy of this resolution shall be transmitted to the County Auditor.
9. The Truth in Taxation public meeting shall be set for 6:30 p.m. December 1, 2026.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of September 2026.
Mary Supple, Mayor ATTEST:
Michelle Friedrich, City Clerk
Page 84 of 119
RESOLUTION NO. XXXXX
RESOLUTION AUTHORIZING BUDGET REVISIONS
WHEREAS, the City Charter and Minnesota Statutes provide for a process for
adopting an annual budget and tax levy; and
WHEREAS, the City Charter provides certain authority for the City Manager
and/or City Council to revise the annual budget; and
WHEREAS, it would be beneficial to restate such authority with the adoption of
the budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1.The City Manager may increase the budget by City Council action provided that
unbudgeted receipts will be available to equal or exceed the increased expenditures.
2.The City Manager may authorize transfers between divisions within a department
providing the transfers do not increase or decrease the department or total budget.
3.The City Manager may transfer budgeted amounts between departments only with
the approval of the City Council.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day
of September 2026.
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 85 of 119
RESOLUTION NO. XXXXX
RESOLUTION AUTHORIZING REVISION OF 2026 BUDGET OF VARIOUS DEPARTMENTS
WHEREAS, Resolution No. XXXXX appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2026; and
WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority
to transfer unencumbered appropriation balances from one department to another within
the same fund at the request of the City Manager; and
WHEREAS, The City Manager has requested a revision of the 2026 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2027 budget document.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the 2026 appropriations for each department of the General Fund be amended to establish the following totals:
General Fund
Legislative/Executive 1,308,195
Administrative Services 1,037,066
Human Resources 412,420
Finance 812,080
Public Safety 13,332,315
Fire Services 6,426,700
Community Development 1,884,350
Public Works 6,021,680
Recreation Services 2,561,799
Transfers Out 372,250
Fund Balance Reserve 742,732
TOTAL GENERAL FUND $ 34,911,587
DECREASE $ 222,528
2. Estimated 2026 gross revenue of the City of Richfield from all sources, as the
same are more fully detailed in the City Manager’s official copy of the proposed 2027 budget, are hereby revised as follows:
DECREASE $222,528
3. That the City Manager and the Finance Director bring into effect the provisions of this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of September 2026.
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 86 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Motion by:
Seconded by:
RESOLUTION ESTABLISHING 2026 2027 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT
TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDING RESOLUTION NO 12243 12346
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
Section 1. Establishing Fees
A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as
stated in the sections of this resolution.
B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees
contained in Sections 5, 6, 7, 8 and 9 of this resolution.
C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 6, 7, 8 and 9
of the resolution if not received by the City on or before December 31st of each year. The 10%
surcharge will be based upon the cost of the license.
D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee
has not been paid in a timely manner.
Section 2. Construction and Related License Fees
Type of Permit or License Section Requiring Description Fee 2027 FEE CHANGE
(1) Heating and Ventilating Installer 400.07 1 Year $80
(2) Sign Installer 416.01—416.13 1 Year $80
(3) Electrical Installer 400.03—400.09 State License Required
(4) Plumber 400.03—400.09 State License Required
(5) Well Driller 620 State License Required
Section 3. Public Works Fees
Type of Permit or
License
Section
Requiring
Description Fee 2027 FEE CHANGE
(1) Benches 805.01—
805.27
First Year $80
Renewal $30
(2) Boulevard
feature permit
811.07 a) Application to place a privately owned feature
in the boulevard
$30
b) If applied for after installation of feature has
begun
$60
(3) Excavation in
Public Right-of-way
800.01—
800.15
a) For each transverse excavation and each
500 feet or portion thereof longitudinal
excavation and for each 500 feet of curb and
gutter or portion thereof installed or driveway
apron installed, except when survey and grade
stakes are set by City
$200
$0.20
per foot
> 500'
b) If applied for after excavation has begun $400
c) For each pothole $20
Page 87 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Page 88 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Section 3. Public Works Fees Continued
(4) Pole
Attachment
/Small Cell
Facilities Permit
802 a) Application to attach or collocate pole
attachment on City facilities in the City Right-
of-way
$500
/≤ 5 units
$100/unit
thereafter
b) Application to construct/install new small cell
pole w/ attachment in the City Right- of-
way
$1,000/unit
c) Annual rental fee per attachment to collocate
on the city structure, per agreement
Up to
$150/unit
d) Annual maintenance fee
associated with the collocation, per
agreement
Up to
$25/unit
Monthly Electrical Fees
a) Radio node less than or equal to 100
maximum watts
b) Radio node over 100 maximum watts
c) The actual cost of electricity
$73/node
$182/node
(5) Forestry Permit 810 Applies only to trees on City property and public
ROW
$100
(6) Seasonal Load
Limit
Exemption
a) Per load $25
b) If applied for after delivery $50
(7) Obstruction
Permit
802.17 (a) Short term, temporary single lane closure of
less than four hours
No fee
(b) Lane closures longer than four hours'
duration (or if between 7:00 a.m. and 9:00
a.m. or between 3:30 p.m. and 6:00 p.m.)
Arterial
Per Day for Each Lane (per block or portion
thereof)
$60
Collector
Per Day for Each Lane (per block or portion
thereof)
$30
Local/Residential
Per Day for Each Lane (per block or portion
thereof)
$15
Sidewalk/Bike Lane
Per Day for Each Lane (per block or portion
thereof)
$30
Parking Lane
Per Day for Each Lane (per block or portion $7.50
Page 89 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
thereof)
(c) If applied for after obstruction closure has
begun, regardless of duration of closure
Arterial
Per Day for Each Lane (per block or portion
thereof)
$120
Collector
Per Day for Each Lane (per block or portion
thereof)
$60
Section 3. Public Works Fees Continued
Local/Residential
Per Day for Each Lane (per block or portion
thereof)
$30
Sidewalk/Bike Lane
Per Day for Each Lane (per block or portion
thereof)
$60
Parking Lane
Per Day for Each Lane (per block or portion
thereof)
$15
If the closures are not removed by the permitted
completion date, then additional
Days will be charged at double the rate
(8) Noise
Ordinance
Exemption
930.35 (a) With conditions added as required $50
(b) If applied for after violation $100
(9) Certification
Charge
705.03—
705.21
All delinquent accounts $50
(10) NSF
Check
Charge
$30
(11) Utility Services
Sanitary Sewer 700.05 All land uses
New Service $125
Repair $125
Disconnect $125
Replacement $125
Sewer Service Line
Televising
$100
Page 90 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Appointment
Fee, No-Call,
No-Show
For failure to appear/be available at scheduled
appointment time without reasonable advance
notice to the City Reasonable advance notice to
the City is considered at least 1 hour before the
scheduled
appointment time
$75
Water Service 715.01 All land uses $125
New Service $125
Repair $125
Disconnect $125
Replacement
Turn on/off
After hours
$75
$150
Meter Installation $75
Private Hydrant $75
Hydrant Meter Fee $75
Section 3. Public Works Fees Continued
Appointment Fee,
No-Call, No-Show
For failure to appear/be available at scheduled
appointment time without reasonable notice to
the City
$75
Backflow Device
Registration Fee
710.23 All properties, excluding SFH and Duplex
residential properties
$50
SFH and Duplex residential properties No fee
Storm Sewer 720 All Land Uses
New Service $125
Repair $125
Disconnect $125
Replacement $125
Erosion Control 428.03 For review, approval, and inspection of erosion
control plans related to approved building
permits.
less than 0.25 acres = $40;
between 0.25 and 1 acres = $250;
greater than 1 acre = $750 + $1 per each 100
square feet above an acre
$40
$250
$750
+$1/100 SF
above an
acre
(12) Street Light
Banners
855.05 First time applicant to hang street light banners
within a district of for an event
$50
Per street light banner installation (no existing
hardware)
$20
Per street light banner installation if supporting
hardware exists on the light pole
$10
Per street light banner removal $10
Page 91 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Permit Renewal:
Annually for both decorative and event
banners, unless banner design has changed,
then full application fee is charged
If annual renewal is not completed, the
permittee risks removal of all banners at the
permittee's expense
$10
(13) Utilities Special
Charges
715.03 Transaction fee for utility accounts paying by
credit card (excludes ACH withdrawals, checks,
or debit card payments)
2.95% of
utility bill
or $1.95,
whichever
is greater
Section 4. Fire Services Fees
Type of Permit or License Section
Requiring
Description Fee 2027 FEE
CHANGE
(1) Fire Prevention
Code (Fire Safety)
400.21—
400.29
For initial fee required
under code Per Year
Covers activities or materials
requiring fire department approval
per fire code, including tents,
hazardous materials, open flames,
and other regulated uses
$100
Section 4. Fire Services Fees Continued
For each additional fee required under
code: Applies to each additional
regulated item under
the same permit (e g , multiple tents
at one location)
$20
Penalty if not renewed within 2 months of
notification
Applies to permits not renewed within
2 months of official notice (e g , fire
safety permit for hazardous materials)
$75
(2) Daycare/Adult
Foster Care Facility
Inspection
$100
(3) Reimbursement
Fee for Fire/Rescue
Unit
Per Hour $400
Page 92 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(4) Sale of Consumer
Fireworks
1131 (a) License per location selling only
consumer fireworks
Per
Year
Fireworks sales under temporary
membrane structures (e g , tents)
require a fire safety permit
$350
(b) License per location of each other
retail seller (Each physical store)
Per Year
$100
(5) Display of
Commercial Fireworks
5608 Licensed per display by qualified
vendor
$350
Section 5. Amusement and Recreation Licenses and Permits
Type of Permit or License Section
Requiring
Description Fee 2027 FEE
CHANGE
(1) Arcade 1105 1 Year $708 729.00
(2) Amusement Device 1100.01 (a) Mechanical
Amusement
Device (Pinball) 1
Year
$17 18.00
(b) Mechanical Music Box 1
Year
$17 18.00
(c) Video Games 1 Year $17 18.00
Section 5. Amusement and Recreation Licenses and Permits Continued
(3) Lawful Gambling 1100.13 Bingo,
Tipboard,
Paddle Wheel,
Raffle, Pull
Tabs
State Fee 2027 FEE
CHANGE
Investigation Fee $250
(4) Itinerant Place of Amusement 1100.05—
1100.11
1 Day $381 392.00
(5) Public Dance 1110.03 For each day dances are
held: 1 month:
$6
$56
7.00
58.00
No fee for
locations holding
tavern licenses
Page 93 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(6) General Amusement 1100.03 (a) Billiard, Pool or
Pigeonhole table (each) 1
Year
$17 18.00
1 Coin operated 1 Year $17 18.00
(b) Bowling Alley (per lane)
1 Year
$56 58.00
(c) Circus 1 Year $214 220.00
(d) Dance Hall 1 Day $214 220.00
(e) Golf
1 Miniature 1 Year $49 50.00
2 Driving Tee 1 Year $49 50.00
(f) Mountback 1 Day $205 211.00
(g) Rides,
mechanical/animal of any
kind (ea)
1 Year
$17 18.00
(h) Shows, any kind 1 Day $205 211.00
(i) Shuffleboard (each lane)
1 Year
$18 19.00
(j) Other games 1 Day $17 18.00
(7) Musical Concert 1110.01 Per event $62 64.00
(8) Theatre Cinema 1120 1 Year $297 306.00
Section 5 Amusement and Recreation Licenses and Permits Continued
Plus a notice publication
fee
$9 10.00
(9) Roller Rink 1115 1 Year or portion thereof $297 306.00
(10) Commercial Adult-
Oriented Enterprises
605 1 Year $3,537 3643.00
Investigation fee 1 Year $3,537 3643.00
(11) Masseur/Masseuse 605 Certificate fee 1 Year $115 118.00
Page 94 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Investigation fee 1 Year $288 297.00
(12) Public Baths 610 1 Year $4096 4219.00
Investigation fee (actual
cost minimum)
$4096 4219.00
(13) Fortune Teller and related
trade
1130.05—
1130.07
1 Day
1 Week
1 Month
1 Year
$237
$705
$1,410
$2,360
244.00
726.00
1452.00
2431.00
(14) Adult Establishments 1196 Annual license 1 Year $3,537 3643.00
Investigation fee (new
license)
$3,537 3643.00
Section 6 Animal Licenses and Permits
Type of
Permit or
License
Section
Requiring
Description Fee 2027 FEE
CHANGE
(1) Animals 905.01—
905.29
(a) Animals (Spayed or Neutered) with option to
purchase a multi- year license
1 Year
$15
(b) Animals (Not Spayed or Neutered) 1 Year $25
Section 6 Animal Licenses and Permits Continued
(c) Duplicate Animal License $7
(d) Late Penalty $10
905.31—
905.33
(e) Commercial Kennel 1 Year $256 264.00
(f) Residential Kennel 1 Year $122 126.00
(g) Veterinary $256 264.00
Page 95 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
905.37—
905.39
(h) Pigeons 1 Year $45 46.00
905.41 (i) Non-domestic Animals (Temporary Permit) $32 33.00
905.01—
905.29
(j) Impounding (each animal) 1st time $79 81.00
2nd Time $142 146.00
3rd time (each impound after) $213 219.00
(k) Dangerous dog registration fee State Statute
347 51)
$500
906.13
905.37
(I) Beekeeping Registration +
Inspection fee Fowl
Registration +Inspection Fee
$50
$50
52.00
52.00
Section 7 Vehicle and Transportation License and Permit Fees
Type of Permit or License Section
Requiring
Description Fee 2027 FEE
CHANGE
(1) Aircraft 1340 1 Day $62 64.00
(2) Garbage and Refuse
Collection
601.01—
601.33
Commercial and Residential
First vehicle 1 Year $353 364.00
Each additional vehicle 1 Year $75 77.00
Section 7. Vehicle and Transportation License and Permit Fees
(3) Motor Vehicle Dealer 1155 Per place of business 1 Year $528 544.00
Each additional place of business 1
Year
$200 206.00
(4) Motor Bicycle Business 1160 Per place of business 1 Year $307 316.00
Page 96 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Per place of business to
sell, rent or lease 1 Year
$141 145.00
(5) Sound Truck 1165 Per vehicle 1 Year $307 316.00
Per vehicle 1 Day $45 46.00
(6) Taxicab 1170 First vehicle or auto livery 1 Year $765 788.00
Each additional vehicle or auto livery
operated at any time within license
period 1 Year
$94 97.00
(7) Taxicab Driver 1175 1 Year $72 74.00
(8) Rental or Utility Trailers
and Trucks
1185 Each place of business 1 Year $141 145.00
Section 8 Commercial Business and Trade Licenses and Permits
Type of Permit or
License
Section
Requiring
Description Fee 2027 FEE
CHANGE
(1) Firearms Dealer 920.01—
920.05
1 Year $2,360 2431.00
(2) Food
Establishments
617 (A) Type I Establishment, a large 1 year
high-risk food establishment serving on
average 500 or more meals
per day; having 175 or more seats;
or having 500 or more customers per
day
(1) Food service establishment $1,059 1091.00
(2) School, kindergarten through grade
12
$778 801.00
(3) Daycare Center or Preschool $778 801.00
Section 8. Commercial Business and Trade Licenses and Permits Continued
Page 97 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(B) Type II Establishment, a small
high-risk food establishment serving
on average fewer than 500 meals per
day; having
fewer than 175 seats; or having fewer
than 500 customers per day
(1) Food service establishment $909 936.00
(2) School, kindergarten through grade
12
$606 624.00
(3) Daycare Center or Preschool $606 624.00
(C) Type III Establishment, a medium risk
food
establishment serving mainly non-
time/temperature control for safety (TCS)
foods and TCS foods prepared elsewhere
and only heated or held cold onsite; or
serving or retailing foods such as pizza
carryout or delivery, requiring handling
followed by heat treatment
(1) Food service establishment $778 801.00
(2) School, kindergarten through grade
12
$386 398.00
(3) Daycare Center or Preschool $386 398.00
(D) Type IV Establishment, a food
establishment with minimal food handling
such as preparing coffee, hot dogs,
blended or mixed drinks, packaged foods
customers heat on-site, continental
breakfasts, unpackaged baked goods
made elsewhere
(1) Food service establishment $507 522.00
(2) School, kindergarten through grade
12
$235 242.00
(3) Daycare Center or Preschool $235 242.00
(E) Type V Establishment, a food
establishment with non-TCS food or
food
products sold in the original packaging
Page 98 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(1) Food service establishment $312 321.00
Section 8. Commercial Business and Trade Licenses and Permits Continued
(2) School, kindergarten through grade
12
$194 200.00
(3) Daycare Center or Preschool $194 200.00
(F) Supplemental Facility
(1) High Supplemental Facility (like
Type I or II)
$194 200.00
(2) Medium Supplemental Facility (like
Type III)
$155 160.00
(3) Catering Supplemental Facility (for
Food Catering Vehicles and equipment
Vehicle(s) and equipment)
$235 242.00
(4) Low Supplemental Facility (like
Type IV or V)
$115 118.00
(G) Temporary Food Establishment
(1) Complex Temporary 1 to 3 days
(like Type I or II)
$194 200.00
(2) Complex Temporary 4 to 21 days
(like Type I or II)
$351 362.00
(3) Simple Temporary 1 to 3 days (like
Type III, IV or V)
$80 82.00
(4) Simple Temporary 4 to
21 days (like Type III, IV
or V)
$187 193.00
(5) Temporary Food Multi-Vendor $984 1014.00
(H) Farmer's Market Stand (stands not
exempted from licensing in Minnesota
Statue Chapter
28A)
$235 242.00
(3) Automobile Washing
Establishment
1125 Per calendar Year or fraction thereof $235 242.00
(4) Cesspools 925.03 Permit fee for opening cesspool or
dumping contents of each cesspool into
City sewer
$36 37.00
(5) Incinerator 601.29—
601.31
1 Year $70 72.00
Page 99 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(6) Tobacco
No licenses being
issued
1146 01(M S
461.12)
Retail Sale and Distribution - License
Issued renewed on calendar Year
(cigarette vending machines
prohibited) (Bill No 1998-19)
$591
$609.00
(7) Transient Merchant 1181.01—
1181.09
1 Day $150 155.00
Section 8. Commercial Business and Trade Licenses and Permits Continued
(8) Wagon Peddler 1181 1 Year $354 365.00
(9) State hawker or
Peddler license
1181 6 month/per person covered $87 90.00
(10) Canvasser or
Solicitor
1181 6 month/per person covered $87 90.00
(11) Christmas Tree
Sale
1130.03 1 Year $192 198.00
(12) Lodging
Establishments
618 (A) Hotel/Motel $327 337.00
(1) Each Guestroom $27 28.00
(13) Outdoor
Merchandising
1135 Permit $149 154.00
(14) Storage Enclosure 1135 Per Enclosure $128 132.00
(15) Pawnbroker 1187 (a) Pawnbroker 1 Year $6,148 6332.00
(b) Owner investigation fee 1 Year
(nonrefundable)
$3,534 3640.00
(c) Manager investigation fee 1 Year
(nonrefundable)
$1,278 1316.00
(d) Employee investigation fee 1 Year
(nonrefundable)
$122 126.00
(e) Transaction fee - per transaction $2
(16) Secondhand
Goods Dealer
1186 (a) Secondhand Goods Dealer 1 Year $674 694.00
(b) Initial investigation fee
(nonrefundable)
actual costs in excess of above with total
not exceeding
$2,586 2664.00
Page 100 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Applicant shall deposit $1,200 with
Licensing Clerk along with application
Amount in excess of actual application
costs shall be refunded
(17) Auto Detailing
Establishment
1195.01 1 Year $525 541.00
(18) Tattoo, Body
Piercing, Body
Painting or Body
Branding
630 (a) Tattoo, body piercing, body
painting or body branding
1 Year
$1,176 1211.00
Section 8. Commercial Business and Trade Licenses and Permits Continued
(b) Initial investigation fee
(nonrefundable)
$1,109 1142.00
1 Year
(19) Temporary Tattoo,
Body Piercing, Body
Branding and Body
painting events
630 Per booth $70 72.00
(20) Massage Therapy
Enterprise License
(Business license)
1188 Annual license 1 Year $1,142 1176.00
Investigation fee (new license) $1,142 1176.00
Massage Therapist
(Individual License)
Annual license 1 Year $112 115.00
Investigation fee (new license) $115 119.00
Temporary Massage
Therapist License
Per temporary location $236 248.00
(21) Public Swimming
Pools
619 (A) Indoor
(1) First pool $312 321.00
(2) Each additional pool $155 160.00
(B) Outdoor
(1) First pool $312 321.00
(2) Each additional pool $155 160.00
(C) School, K through grade 12, pools
Page 101 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(1) First pool $202 208.00
(2) Each additional pool $112 115.00
(D) Pool opening reinspection fee,
operator
makes an appointment for an inspection,
but the pool is not ready to open
$106 109.00
Section 8. Commercial Business and Trade Licenses and Permits Continued
(22) Motion pictures
and commercial
photography permit
1197 Per event Photography
Motion picture (based on application)
$54
$212
56.00
218.00
(23) Adult-Use
Cannabis
1198 Cannabis Retailer Cannabis Renewal
(The initial registration fee shall include
the fee for initial registration and the first
annual renewal. Any renewal fee
imposed by the local unit of government
shall be charged at the time of the
second renewal and each subsequent
annual renewal thereafter)
$500
$1,000
Low-Potency Hemp
Edible
1198 Lower Potency Hemp Retailer
Registration Annual Renewal
$125
$125
Short Term Rental
License
1199 Initial application license fee for short-
term rental
$700.00
Short Term Rental
License Renewal
1199 Annual renewal fee for short-term rental
license
$500.00
Page 102 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING
PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF
Descriptions
Type I Establishment, a large high-risk food establishment serving on average 500 or more meals per
day; having 175 or more seats; or having 500 or more customers per day
Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per
day; having fewer than 175 seats; or having fewer than 500 customers per day
Type III Establishment, a medium risk food establishment serving mainly non- time/temperature control
for safety (TCS) foods and TCS foods prepared elsewhere and only heated or held cold onsite; or
serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat
treatment
Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot
dogs, blended mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged
baked goods made elsewhere
Type V Establishment, a food establishment with non-TCS food or food products sold in the original packaging
Environmental plan review—includes the physical remodeling, updating, equipment replacement,
equipment additions and the general overall review of all plans/work This also includes all new
development projects
New Construction
and/or Major Remodel
(over 50% of facility
involved)
Extensive
Remodel
(25—
50%
of facility)
Minor Remodel 0—
24% of facility)
Non-remodel
approval
consultation
($5,000 or less
in costs)
Type I $3,757 3870.00 $1,959
2017.00
$1,058 1090.00 $180 185.00
Type II $2,588 2666.00 $1,418
1461.00
$780 803.00 $180 185.00
Type III $1,419 1462.00 $789 813.00 $471 485.00 $180 185.00
Type IV $695 716.00 $271 279.00 $137 141.00 No fee
Type V New project or change of
owner - $180 185.00
Minor remodel -
permit but no plan
check fee
Therapeutic
Massage
$180 185.00 $180 185.00 $180 185.00 $180 185.00
Page 103 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Section 9. Liquor and Related License and Permit Fees
Type of Permit or
License
Section
Requiring
Description Fee 2027 FEE CHANGE
(1) 3 2 Malt Liquor 1202.05 (a) On-Sale 1 Year $912
(b) Tavern (dance) 1 Year $745
(c) Wholesale 1 Year $44
(d) Growler (Micro Brewery Off-
Sale Malt Liquor) 1 Year
$175
(e) Off-Sale 1 Year $264
(f) Club (Bottle Club) 1 Year $603
(g) Temporary per event $191 197.00
(2) Liquor 1202.05 (a) On-Sale 1 Year $12,029
(b) Sunday (Fee set by state law)
1 Year
$200
(c) Wine 1 Year $1,325
(d) Taproom (Micro Brew On-Sale
Malt Liquor) 1 Year
$700
(e) Cocktail Room (Micro
Distillery On Sale)
1 Year
$800
(f) Micro Distillery Off Sale 1 Year $600
(g) Veterans' Organization (Ex-
Sunday) 1 Year
$863
(h) Temporary per event $191 $197.00
(3) Employee License
On-Sale Liquor
Establishments
1208.01 Effective 10/1/95 all licenses
issued
shall be valid for a period of two
years from the
date of initial application
$37
(4) Investigation Fee 1202.01—
1202.21
(a) On-Sale liquor
including Veterans'
Organization
$824
and
Each person shown on
application
$247
Each additional investigation for
each person not listed on original
or renewal
application (excluding Veteran's
Organizations)
$247
1202.11 (b) Wine, Taproom,
Brewpub, Distillery,
and
$824
Each person shown on
application
$247
Page 104 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Each additional investigation for
each
person not listed on original or
renewal application
$247
1202.11 Investigation of substitute
manager
$103
Page 105 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Section 10. Housing Inspection and Rental License Fees
Type of Permit or
License
Section
Requiring
Description Fee 2027 FEE CHANGE
(1) License for
Apartment Houses
and Rental Homes
(includes up to
two inspections)
407 (a) Apartment House, 1 Year $190
Each unit $15
(b) Rental Home - single family
dwelling, 1 Year
$190
(c) Duplexes/double
bungalows/townhouses
First unit, 1 Year $190
Each additional rental unit, 1 Year $125
(d) Late Fee—Charged each month
the license is late
$100 or 25% of the
annual license fee,
whichever is
greater, up to a
maximum monthly
fee of $500
(e) License Transfer Fee $50
(f) Reinstatement of suspended
license
100% of license fee
(minimum $80)
(g) Reinstatement of Revoked
license
200% of license fee
(h) Re-Inspection Fee (for
inspections over the first two)
1 Multi-family 3rd inspection: $100
4th inspection: $200
5th inspection: $400
6th inspection and
more:
$800
Up to $3,000
maximum
2 Single-family and duplex 3rd inspection: $50
4th inspection: $100
5th inspection: $200
6th inspection and
more:
$400
Up to $1,500
maximum
Page 106 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Re-inspection fees shall be
payable at the time of license
renewal and no renewal license
shall be issued unless all
inspection fees are paid
(i) Provisional license for
apartment house Includes first unit
$380
Section 10. Housing Inspection and Rental License Fees Continued
Each additional unit $30
Provisional license for Rental
Home— single-family dwelling
1 Year
$380
Provisional license for duplex First
unit
$380
Each additional unit $250
(j) Investigation fee for operating a
rental
property without a license
$500
(2) Certificate of
Housing
Maintenance
Compliance
(Includes up to
two inspections)
408 Single-family home $190
2-family home $270
Condominium $140
Re-inspection Fee 3rd inspection $50
4th inspection $100
5th inspection $200
6th inspection and
more
$400
Up to $1,500
maximum
Fee to process cash
escrow agreement
$125
Fee to process Agreement to
Comply
$125
(3) Richfield
Apartment
Managers'
Association Fee
407 Fee to support RAMA services $1.50/unit
Page 107 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(4) Permit Fee
for Rooming House
406 1 Year $210
Section 11 Miscellaneous Fees
Type of Permit or
License
Section
Requiring
Description Fee 2027 FEE CHANGE
(1) Permit to reside 1190 In motel for more than six Months $17
(2) Permit to Carry
a Gun
Permit Issued By County
(3) False
Alarms (billable)
(a) in excess of 2 for calendar Year $100
Section 11 Miscellaneous Fees Continued
(b) in excess of 10 for calendar Year $200
(c) in excess of 20 for calendar Year $300
(4)
Nuisance
Conduct
Fee
925 Third call to a property for nuisance
conduct within a 365-day period
$400
(5) Copying
Services
Provided
Flat rate (per page) $.25
Special rate
(a) Black & White Photocopy rate
8.5 x 11 (per side) $.25
8.5 x 14 (per side) $.25
MN Statute 13 03C
11 x 17 (each) $.50
24 x 36 (each) $2.50
X-Large $2.50
Color Photocopy rate
8.5 x 11 (per side) $1
8.5 x 14 (per side) $2
11 x 17 (each) $4
24 x 36 (each) $18
X-Large $3/sq ft
(b) Labor hourly wage and
33%
(c) Postage Prevailing Rate
(d) Fax per page $.50
(e) CD of meeting (per CD) $5
Page 108 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
(f) DVD of meeting (per DVD) $15
(g) Electronic copies (CD or disk) $5
(h) As builts (per image) $.50
(6) Notary Fee Fee Set By State
(7) Candidate
Filing Fee
City Charter
4.04
$25
(8) Photo Fee Includes 2 photos $16
including tax
(9) Assessment
Search Fees
Special Special Assessment Search Fees
- Per PID $25
Creation of New or Special Report
Section 11 Miscellaneous Fees Continued
- Fees to be based on time and
materials to create report
- Minimum Fee $25
Review of Comparable Property
Records
Residential Field Card Report $.25
- for up to five comparable properties
(per copy)
Commercial/Industrial/Apartment
Field
(10) Domestic
Partnership
120 Registration $30
(11) Certified copy
of various
documents
To certify documents i.e.,
resolutions, ordinances, minutes,
registration forms, etc., on file (per
copy)
$5
(12) Vacant
Building
Registration Fee
925 Single-Family Home or Duplex—
Vacant one to two years
$600
Single-Family Home or Duplex—
Vacant three to four years
$800
Single-Family Home or
Duplex—Vacant five or
more years
$1,000
Any other type of property of less
than 20,000
square feet in building size AND less
than 1 acres of lot size -
Vacant less than one Year
$618
Page 109 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Any other type of property of less
than 20,000 square feet in building
size AND less than 1
acres of lot size - Vacant one Year
or longer
$1,133
Any other type of property larger
than 20,000
square feet in building size OR more
than 1 acres of lot size -
Vacant less than one Year
$1,390
Any other type of property larger
than 20,000 square feet in building
size OR more than 1
acres of lot size - Vacant one year or
longer
$2,678
(13) Violation of
Conversion
Therapy Ban
635 Providing conversion therapy to a
minor or vulnerable adult
$1,000 per instance
14) Passport No
Show Fee
Failure to appear for scheduled
passport appointment
$20 per
instance
Page 110 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Section 12 Room and Park Shelter Rental Fees
Location or Type Description Fee Classification Fee 2027 FEE CHANGE
Richfield Municipal
Center
Bartholomew Room Civic and non-profit
groups and
governmental agencies
$75/HR
(2-hour minimum)
Resident groups $100/HR
(2-hour minimum)
Non-Resident and other
groups
$500/4-hour block
Heredia Room Civic and non-profit
groups and
governmental
agencies
$69/HR
(2-hour minimum)
Resident groups $82/HR
(2-hour minimum)
Non-Resident and other
groups
$400/4-hour block
Fred Babcock
Room
Civic and non-profit groups
and governmental
agencies
$69/HR
(2-hour minimum)
Resident groups $82/HR
(2-hour minimum)
Richfield
Community
Center
Augsburg, Fireside,
Nicollet, or Ruth
Johnson Rooms
Non-Profit
Private
$42/HR
$60/HR
Combined
Nicollet/Augsbur
g or Richfield
Rooms
Non-Profit
Private
$69/HR
$95/HR
Kitchen All Renters $80/4-hour block,
$15/additional hour
Free with combined
Nicollet/Augsb
urg room
rental
Wood Lake Nature
Center
Wood Lake
Amphitheater
$75/4-hour block
Cottonwood Room $85/hour 2 hour
min; $75/hour
Page 111 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
non-profit
Coneflower Room $85/hour 2 hour
min; $75/hour
non-profit
Cattail Room $85/hour 2 hour
min; $75/hour
non-profit
All 3 rooms $2200 (10a-
11pm); $1900
non-profit
Deck (w/3 room
rental)
$120; $100
non-profit
Exhibit (w/3 room
rental)
$75; $60 non-
profit
Woodland
Amphitheater
$85/4 hour
block Mon-Thur
$95/4 hour block
Fri-Sun
Glaus
Amphitheater
$85/4 hour
block Mon-Thur
$95/4 hour
block Fri-Sun
Conference Room $75/hour 4 hr
min; $60/hour 4
hour min non-
profit
Fire pit $40/hour 4 hour
min; $25/hour
non-profit
(wood included)
Catering
Commission
10%
Park Shelters Wood Lake Nature
Center - Emily Day
Pavilion
Monday - Thursday
$85/4-hour
block Friday-
Sunday
$95/4-hour block
$50 Damage/ Compliance
Deposit
Section 12 Room and Park Shelter Rental Fees Continued
Page 112 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Fairwood, Monroe,
Augsburg Park
Shelters
Monday-Thursday
$46/4-hour block
Friday-Sunday
$56/4-hour block
$50 Damage/
Compliance Deposit
Sheridan Park Shelter Monday-Thursday
$65/4-hour block
Friday-Sunday
$75/4-hour block
$50 Damage/
Compliance Deposit
Veterans Park Shelter Monday-Thursday
$120 per
section/3-hr
block
Friday- Sunday
$141 per
section/3-hr
block
$75/section
Damage/ Compliance Deposit
Enclosed
Park
Buildings
Jefferson Park,
Washington Park,
Madison Park
Monday-Thursday
$65/4-hour block
Friday-Sunday
$75/4-hour block
$100 Damage/
Compliance Deposit
Monday-
Thursday $70/4-
hour block
Friday-Sunday
$80/4-hour
block
$100
Damage/Compli
ance Deposit
Athletic Fields Premier Baseball Fields
(Donaldson)
Resident
Non-Resident
$57/HR
$284/day (first 8
hrs)
$69/HR
$357/day (first 8
hours)
Premier Youth
Baseball/Softball Fields
(Roosevelt & Lincoln)
Resident
Non-Resident
$464/HR
$273/day (first 8
hrs)
$59/HR
$336/day (first 8
hrs)
Page 113 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Premium Softball Fields
(Taft)
Resident
Non-Resident
$33/HR
$126/day (first 8
hrs)
$44/HR
$183/day (first 8
hrs)
General Baseball/Softball
Fields
Resident
Non-Resident
$26/HR
$115/day (first 8
hrs) $37/HR
$209/day (first 8
hrs)
Section 12 Room and Park Shelter Rental Fees Continued
Premier Soccer/
Football Fields
(Taft & Washington)
Resident
Non-Resident
$70/HR
$100/HR
General Soccer/Football
Fields
(Christian & Donaldson)
Resident
Non-Resident
$55/HR
$81/HR
Neighborhood Soccer
Field
(Monroe)
Resident
Non-Resident
$42/HR
$63/HR
Broomball/Hockey
Rink
All outdoor rinks Resident
Non-Resident
$30/HR
$41/HR
Tennis Courts All parks Resident
Non-Resident
$16/court/HR
$26/court/HR
Volleyball Courts All parks Resident
Non-Resident
$19/HR
$27/HR
Basketball Courts All parks Resident
Non-Resident
$19/HR
$27/HR
Open Space All parks Resident
Non-Resident
$19/HR
$27/HR
Athletic Facility Light
Use
Softball, Baseball, Soccer,
Football, Hockey, Tennis
All renters $31/HR
Page 114 of 119
City of Richfield September 22, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO: XXXXX
Additional Field
Usage Fees
All parks All renters $75/HR
maintenance fee
$30 administrative
fee (Permit
changes/
cancellation)
$500 Damage/
Compliance deposit
Richfield Band Shell Stage and Equipment All renters Stage
$165/HR
Equipment
$75/booking
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of September, 2026.
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
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 115 of 119
City Council Meeting 9/22/2026
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 an alternate commissioner to the Arts
Commission.
EXECUTIVE SUMMARY
City board and commission appointments are typically three years in length and
alternates are designated yearly to avoid unfilled seats in case a vacancy emerges. An
Arts commissioner has vacated their seat and alternate Jacklyn Vollema has agreed to
take over the remainder of the term, which is set to expire January 31, 2029.
RECOMMENDED ACTION
By motion: Approve the appointment of Jacklyn Vollema as Arts Commissioner
commencing on September 22, 2026 and expiring January 31, 2029.
HISTORICAL CONTEXT
The City Council conducts interviews yearly for commission appointments and
dedicates alternates in case a vacancy arises. Jacklyn Vollema was interviewed by City
Council in November 2025 and designated as alternate Arts Commissioner.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Designating alternates and maintaining a full commission roster enables city
commissions to focus on their duties without experiencing issues related to meeting
quorum. A full commission roster provides an opportunity for a wider range of voices to
be heard.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
City advisory boards and commissions are established by the City Council and
requirements are dictated by ordinance section 305.01.
CRITICAL TIMING ISSUES
The Arts Commission typically meets on the first Thursday of each month. Approval of
this appointment will allow Jacklyn to participate in the next Arts Commission meeting
as a voting member.
FINANCIAL IMPACT
None
Page 116 of 119
LEGAL CONSIDERATIONS
None
ALTERNATIVE RECOMMENDATION(S)
The City Council may choose to defer the appointment to a future meeting, which would
leave the position on the Arts Commission vacant.
ATTACHMENTS
None
Page 117 of 119
City Council Meeting 9/22/2026
Agenda Section: Other Business
Agenda Item: 12.b.
Report Prepared By:
Mark McKinley, Administrative Assistant
Department Director:
Katie Rodriguez, City Manager
Item for Consideration:
Consideration of the appointment of a youth commissioner to the Sustainability
Commission.
EXECUTIVE SUMMARY
Youth members serve one-year terms on City advisory commissions, with current terms
expiring August 31, 2027. The City Manager’s Office recruits youth applicants on an
ongoing basis to fill vacancies. For recruitment, the City shares information on its
website, Facebook page, and reaches out to local high schools.
The City Manager’s Office forwards all applications to the City Council for review.
RECOMMENDED ACTION
By motion: Approve the appointment of Ellie Lundin to the Sustainability
Commission as a youth commissioner.
HISTORICAL CONTEXT
Youth Commissioner terms expire August 31 each year to coincide with the beginning
of the school year.
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 are established by City Council and requirements are
dictated by ordinance section 305.01.
CRITICAL TIMING ISSUES
The Sustainability Commission typically meets on the fourth Thursday of each month.
The next Sustainability Commission meeting occurs on September 24 and approval of
this appointment will allow Ellie to participate in the September 2026 meeting as a
voting member.
FINANCIAL IMPACT
None
Page 118 of 119
LEGAL CONSIDERATIONS
None
ALTERNATIVE RECOMMENDATION(S)
The City Council may choose to defer the appointment to a future meeting, which would
leave the youth position on the Sustainability Commission vacant.
ATTACHMENTS
None
Page 119 of 119