City Council

HOPKINS CITY COUNCIL AGENDA Tuesday, April 8, 2025 6:30 pm SPECIAL MEETING I. CALL TO ORDER II. NEW BUSINESS 1. Review of Concept Plan for Footprint Development; Krzos 2. Legislative Policy Amendment Discussion – Mobile Food Units and Sidewalk Cafes; Krzos 3. Resolution Establishing Legislative Policy 2-J Code of Conduct; Domeier III. PUBLIC COMMENT IV. ANNOUNCEMENTS • Next City Council Regular Meeting: Tuesday, April 15 at 6:30 p.m. V. ADJOURN  Planning & Development Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Ryan Krzos, City Planner Date: April 8, 2025 Subject: Review of Concept Plan for Footprint Development _____________________________________________________________________ PURPOSE Footprint Development requests Concept Plan review for a proposed two-phased development along Mainstreet. The concept proposes an initial phase consisting of a 38-unit three-story apartment building at 501 Mainstreet with a 21-stall surface parking facility at 15 - 6th Avenue North. The second phase of the concept development is a 33- unit three-story apartment building at 525 Mainstreet. The City Council is asked to review and provide initial comments and feedback on the concept plans prior to a formal land use application. Staff is specifically looking for comment on the potential Planned Unit Development form of approval. Recommendations and opinions expressed by the Council as part of a concept plan review are for guidance only and are not to be considered binding. INFORMATION Concept Overview Address: 501 Mainstreet, 525 Mainstreet, and 15 - 6th Avenue N Applicant/Owner: Footprint Development, Applicant / Hopkins HRA, Property Owner Undeveloped (former BASE ZONE: RX-D EXISTING USE: fuel/service station, auto sales lot, and residence) Household Living, 5+ units (38 proposed units in phase 1 BUILDING TYPES General Building, PROPOSED USE: and 33 units in phase 2) ALLOWED: Row Building Standalone Surface Parking will need to be authorized in a PUD BUILDING TYPE SELECTED: General Building PERMITTED/CONDITIONAL: Permitted/PUD SITE AREA 0.91 ac (39,405 sf) DENSITY: 78 units/ac COMPREHENSIVE PLAN Downtown Center (20-100 BUILDING SIZE: Three Stories DESIGNATION: units/ac) 1 Background Timeline Oct 2024 Request for Proposals (RFP) Issued • For development sites: o 501 Mainstreet, 525 Mainstreet and 15 - 6th Avenue North o 102 - 10th Avenue North (Lot 800) • Based on developer interest and a desire to put HRA-owned land into productive use Dec 2024 Proposals were accepted through December 20, 2024. • One proposal was received from Footprint Development for the Mainstreet and 15 - 6th Avenue North properties. Jan 2025 Reviewed by the City Council • Closed-door meeting on January 14. • Based on City feedback, the developer adjusted the site plan to add additional parking, Feb 2025 • Again discussed at a February 4 closed-door City Council meeting. The City Council elected to continue discussions and take next steps with the developer through a Preliminary Development Agreement Mar 2025 Preliminary Development Agreement Approved by City Council on March 4, The developer hosted a neighborhood meeting on March 12, 2025, at Hopkins City Hall. • A copy of the meeting notes is included as an attachment. Planning & Zoning Commission Reviewed the Concept Plan Apr 2025 City Council Concept Plan Review The project proforma will be reviewed by the City’s financial advisor and environmental site assessments will be updated Jun 2025 Staff and the City Attorney will negotiate the terms of a Purchase and Development Agreement which will be brought to the HRA and City Council for approval. Later in Anticipated Development Plan submittal 2025 The procedure includes a public hearing and recommendation by the Planning & Zoning Commission for the rezoning and approval of Site Development Plans. City Council makes final decision on the application 2026 If approved, construction would start (Expected) Development Policy Consistency Development Code (Zoning) A summary of applicable zoning requirements and a cursory evaluation against determinable elements of the proposal is included here. The developer should note the identified requirements and seek to address any deficiencies where feasible. 2 Any remaining zoning code discrepancies may be addressed through the Planned Unit Development process. In the Planned Unit Development process the City expects to receive public benefits that meet or exceed flexibility granted from the typical standards. A few of the zoning requirements, identified below, are expected to be among deviations in the Planned Unit Development request. Off-Street Parking The concept as whole would not meet the underlying vehicle parking requirements. The size of the site makes it impractical to construct below grade parking, as much of the space would be maneuvering lanes with few actual stalls. The developer has stated that the units would be generally marketed toward prospects that are more inclined to a car-less lifestyle. Additionally, the site is in an environment with access to transit and other forms of transportation and within proximity to amenities meeting daily needs. The developer also proposed offering a car share amenity. The first phase would be developed with a parking ratio closer to the minimum requirements (23 stalls for 38 units proposed; 45 stalls is the required minimum). The developer has indicated that the design of the second phase may vary based on the performance of the first. The Development Code allows for credits and reductions for provision of bike-share, car-share, and for affordable units. Additionally, the amount of required stalls may be reduce through alternative compliance measures involving the preparation of a travel demand management plan. However, to meet the practical needs of residents and guests the City may look to explore parking permits within a nearby City facility and/or expanding on-street parking where practical. Off-Site Parking Residential parking is required to be on the site of the building it serves. The City Council and staff encouraged the developer to maximize the amount of parking available to residents. As such, the 6th Avenue N lot is proposed as surface parking. While this would serve the immediate need, it also represents a “land banking” opportunity. Should car ownership and transportation characteristics change in the future, redevelopment of the parking area could occur. Setbacks and In general, the building is located close to the sidewalk Impervious Cover /street with the intention to create an edge for the 2  pedestrian realm and for a more urban presence. The proposed building locations would conflict with street- side setback requirements. The lessened setback also allows for a maximization of the size of individual units and the resulting walk-up style. Additionally, the concept for 501 Mainstreet and potentially the surface parking lot on 6th Avenue exceed the allowable impervious coverage. It appears the sites may cumulatively meet the 70% requirement, which staff finds to be a reasonable approach. Additionally, the developer explore semi-pervious surfaces, such as porous pavers/pavement. The developer is expected to detail how the flexibility offered by the Planned Unit Development is offset with a higher quality design and/or meeting other City goals. Items typically consider when evaluating the use of a Planned Unit Development could include, but is not limited to: • Public Art • Natural resource protection and storm water management • Pedestrian and bicycle facilities • Enhanced sustainability or livability elements • Energy conservation and renewable energy • Enhanced Streetscape elements • Enhanced transit facilities • Enhanced landscaping and buffering • Native and/or Salt-tolerant plantings • Other suggestions from Planning & Zoning Commissioners A significant aspect of the development expected to be offered by the developer as an offset is certification through the Passive House Institute. Passive House Certification sets rigorous energy efficiency standards and tied to specific performance criteria. The developer is expected to provide greater detail related to the sustainability considerations during the presentation. Comprehensive Plan A detailed list of the applicable goals and policies of the Comprehensive Plan addressed by the concept is available here. In general, the concept is responsive to the goals and policies related to compact urban development in downtown Hopkins; encouragement of transit, biking and walking; building sustainability and energy efficiency; and affordability and options in housing. Inclusionary Housing Policy The City’s Inclusionary Housing Policy would apply to the project. The policy requires units to be constructed and offered at an affordable rent as moderate-income units at levels based on one of two options. Either 10% of the units at 60% of the Area Median Income (AMI); or 5% of units at 50% AMI. The development is expected to comply with this requirement by providing units affordable at 60% of Area Median Income. 3  Sustainable Building Policy The City’s Sustainable Building Policy may be in place by the time formal land use applications are submitted. Staff expects that the Passive House certification likely would significantly satisfy/exceed much of the policy. However, the developer may also have to address specific aspects of the universal provisions that may not already be covered by the Passive House certification. Staff believes exceeding the policies requirements may be viewed as an offset in the Planned Unit Development. Planning and Zoning Commission Review The Planning and Zoning Commission reviewed the concept plan at their March 25, 2025 meeting. The Commission expressed support for the development generally and the quality of the design, specifically the sunken courtyard. The Commission encouraged the developer to find a solution to address any parking concerns. Additionally, Commissioners emphasized the importance of the pedestrian experience along the frontage of the building, including discussion about multiple front entrances. Staff Comments Staff distributed the concept plans for review and comment to other City departments, including Engineering, Building Inspections, Fire, and Police. Below is a list of comments the developer should consider in moving forward with developing plans for the formal land use approval process. • Prepare travel demand management plan as part of a request for relief from off-street parking standards. • Ensure that a 10-foot separation from existing buildings is provided for emergency access, light and air. • Consider the use of semi-pervious surfaces. • Re-evaluate the use of metal panels on street facades as minor cladding element. Composite or Fiber Cement would be acceptable alternative. • Proposed balconies conflict with design requirements. • Utility equipment is expected to be located inside, unless if doing so conflicts with the equipment’s function. • A survey of existing trees on the site is required, which is to include identification of significant and contributing trees. • Explore ways to enhance landscaping around perimeter of surface parking areas. • Develop plan for servicing of refuse and recycling containers. • Consult with Nine Mile Creek Watershed District for stormwater treatment requirements and permitting. • Consult with Hopkins Public Safety staff to explore ways to promote and support resident safety. • Work with City Staff and Metro Transit for possible enhancements to bus stops adjacent to the site. NEXT STEPS The HRA and City Council will consider a Purchase and Development Agreement for approval. With the agreement in place, the developer is expected to work towards a formal land use application submittal later this year. 4 21 STALLS 6 STALLS Main Street  501 Mainstreet Minutes # of attendees: 14 + 3 staff Questions • Are they putting up more apartments here? • Do you own those lots? • Do you develop other properties? • What company are you with? *presentation at 5pm* Questions - How many charging stations? - Are there buildings being torn down? There’s a building in between there. - Is there a reason for the step-down garden units? - How come your left building is crooked? - Any elevators or handicap accessible units? - Maybe you’ll share the slides with us? - Do you have any pictures of what the property looks like now? - Without elevators, with people furnishing units, concerns over moving in – will there be furnished units? - What other multifamily or other properties has footprint developed? - In the buildings that you have, how many cars do people actually have? If you have 40 units, is that 40 cars? - So once you’ve met the # of parking spaces, do you have means of limiting tenants who don’t have vehicles? o The City does have requirements for MF tenants parking? - So, if your calculation is right, 50% have cars, you’ll be 14 cars short. Those cars are going to cluster up 6th Ave. - What would be the impact of the second building on sunlight and views to existing building in between them? - Have you done any parking or traffic impact studies or plans to do that? - Are your buildings pet friendly? - So you have a dog run, if you have dogs there, where are they going to toilet if you don’t have any grass available? - Do you have an estimate on rent? - During construction itself, I live next door, do you have an idea on where to accommodate construction and delivery vehicles? - How’s leasing going at solstice? - What is your renewal rate? - What are the buildings that are housing this project? You’re surrounded by apartments? - What is your square footage on your units? - What’s the foundation size? - What is the heat and air conditioning? But only down to a certain temperature? - To clarify, you’re talking just over 70 units between both phases of development? - Three story, maybe four story, what would influence your decision? - Are any of those lots public? Guests couldn’t park there overnight? - So your first phase is mainstreet and 5th ave corner? - Do you have an onsite manager and office in the building? - In order to foster the eco-conscious goal of your property, are there any creative solutions to encourage reduction in cars – work with metrotransit for passes? - If you find that there a lot of vehicles in the first phase, so you’ll restudy for the second phase, what would be the plan then? - Do you anticipate housing demand continuing to grow? There’s been two really big projects in the area. - Is it a big draw, the air quality? - What’s your background, what were you doing 5 years ago before you started a development company? - I’m just curious, with the corners you have going on there, you;ll have buildings on two of your four corners, limiting view of 2 sides of your renters – will those units be cheaper? - Do you have controlled access? - I missed the first part, is this all electric? - So laundry? - Sewer line has been updated – studies on where sewer is going in for the load? - Got a name for the building? - How many cards did you send out?  Planning & Development CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Ryan Krzos, City Planner Date: April 8, 2025 Subject: Legislative Policy Amendment Discussion – Mobile Food Units and Sidewalk Cafes _____________________________________________________________________ PURPOSE Staff requests input on two potential changes to the City’s Legislative Policies. The first would allow for long-term operation of mobile food units (food trucks) on private property along the Artery (8th Avenue). A second change would expand the eligible area for sidewalk cafés. INFORMATION Policy 5-J - Mobile Food Units Mobile food units include food trucks/trailers. The attached current policy establishes a registration requirement and provides operational requirements and performance standards. A number of the operational requirements and performance standards have the effect of limiting the time a mobile food unit may locate on any one location. LTD Brewing submitted a request for reconsideration of this policy – see attached letter. As noted, LTD is looking for ways to provide food offerings for patrons, and a permanent food truck as a preferred option. In discussion with LTD about how the food unit would serve the business; staff recognized the ability to further activate the Artery in LTD’s circumstance. Specifically, staff’s preferred location for the food unit would be near the sidewalk allowing Artery users direct access. At Its inception, the Artery was envisioned as hosting pedestrian-scale uses and activities to foster seductive connections between the Downtown Light Rail Transit Station, Downtown Hopkins, and regional trails. Staff believes the changes to the food unit policy could be a way to further this vision of the artery. Proposed Changes: • Create new provisions for food units on private property along the artery. 1  • Exempt said food units from the limitation of operating for no more than 12 days. • Require that the food units be supplied with electricity via private service – use of a generator would be prohibited for long-term use. o Since the units would be more permanent, stricter restrictions on noise would be expected in exchange. • Allow the food unit to remain at the location outside of operational hours. Staff encouraged LTD to reach out to other Mainstreet property owners for discussion on their intentions. LTD reported that they received positive feedback from those conversations. Policy 5-E - Sidewalk Cafes Sidewalk cafes are outdoor seating areas for restaurants and brewpubs along Mainstreet between 7th Avenue and 13th Avenue. Per the attached policy, a permit is required for those businesses, and they must either front Mainstreet or front a right-of-way located within half block from Mainstreet. The City received a request from a Mainstreet property owner, to expand the eligible area to the west. The policy has geographical limitations since sidewalk cafes typically involve utilizing on-street parking area for expanded pedestrian access. Parking is generally more limited west of 13th Avenue, thus the policy did not expend into this area. However, staff generally finds that the sidewalk cafes achieve the goals of activating the street without significant negative on overall parking supply. Input Requested Staff is looking for input on whether to expand the allowed duration for food trucks and the eligible area for the sidewalk café program, as well as any other changes to the policies that will meet the goals of downtown activation and enhanced pedestrian experience. FUTURE ACTION If directed by the Council, Staff will prepare the policy amendments for formal approval at an upcoming regular meeting. 2  Blake Verdon & Jermey Hale Owners & Brewers LTD Brewing Co. 725 Mainstreet Hopkins, MN 55343 3/18/2025 City of Hopkins City Hall 1010 1st Street South Hopkins, MN 55343 To Whom it May Concern, We are writing to the City of Hopkins to formally request a change to the current mobile food unit policy to allow year- round sales along the Artery. We would use this change in code to add a mobile unit on our property facing the artery. We are requesting this change to help navigate the challenging landscape facing LTD Brewing and provide a viable quick food option for people using the artery. The microbrewing industry is currently going through a shift in consumer preferences and spending. Millennials that drove the initial growth are drinking less as their priorities shift to family life and Gen Z simply doesn't consume the same amount of craft beer to replace the loss of demand. Combined with the legalization of THC based beverages/products and significant increases In our COGS post covid {leading to significant increases in our pricing) our business & market are in a rather difficult spot. Since our inception, we have received constant customer feedback expressing the desire to have a food option onsite. While we have strongly encouraged our customers to order take out from local restaurants, the feedback remains the same -they want a food option at the brewery. We have also seen a successful shift for similar breweries to LTD with a brew pub (food) model. Unfortunately, due to already limited seating in our taproom and no option to expand our space as our neighboring tenants have no desire/ability to give up more space, we simply don't have the space inside the brewery to add a kitchen. Our only option left is a mobile unit to address the need to add a small limited menu kitchen. Adding a mobile food unit to LTD would also provide the public with a quick order and go food option while using the Artery, which is something not currently present. We believe this will have minimal impact to neighboring businesses as we will continue to only sell our beer onsite (no wine, no liquor) and would have a significantly reduced menu compared to other restaurants in Hopkins. The food trailer would be fully licensed by the Department of Health. Sincerely, Jeremy Hale Owner Owner  POLICY 5-J MOBILE FOOD UNITS 1. PURPOSE 1.01 This section is intended to require an establishment preparing and serving food from a self-contained readily moveable vehicle to obtain a license from the City and to regulate the conditions from which the registered establishment operates with the City for the promotion of business within the City and for the protection of existing businesses, customers and the general public. This policy is designed to permit the reasonable use of mobile food units while preventing any adverse consequences to residents, businesses and public property. 2. DEFINITIONS 2.01 "Mobile food unit" as used in this section, means: (1) A self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle that is ready movable without disassembling and that is used to store, prepare, display or serve food intended for individual portion service; or (2) A mobile food unit as defined in Minnesota Statutes, Section 157.15, Subdivision 9. 3. REGISTRATION REQUIRED 3.01 Any qualifying mobile food unit vendor wishing to conduct sales in Hopkins must register with the City Clerk. A Mobile Food Unit Permit allows operations in the City for up to 12 days of each calendar year. A qualifying vendor must provide proof of Department of Health Licensing upon request. Vendors must follow all Department of Health Licensing regulations. 4. SALES TO PUBLIC ON PUBLIC PROPERTY 4.01 Sales on public property are permitted with the City's approval. Public property includes City Hall, parks, schools, City-owned parking facilities, The Depot, Hopkins Public Works, Hopkins Center for the Arts, Hopkins Pavilion and Hopkins Activity Center and LRT Station properties. 4.02. Permission required by the City. 4.03 Mobile food unit operator must work with City staff to register for event. 4.04 Mobile food units cannot locate within 100' of the property line of a restaurant or bar that serves food. Exceptions may be made for Special Events approved by the City. 4.05 Mobile food units may be parked in a public right-of-way if the right-of-way is closed as authorized by the City. 5. SALES TO THE PUBLIC ON PRIVATE PROPERTY 5.01 The mobile food unit operator shall have written permission from the property owner to operate on their property. The property/business owner must register the mobile food unit with the City Clerk. 5.02 Only one mobile food unit is allowed per event unless part of a Special Event Permit. 6. SALES TO THE PUBLIC ON RESIDENTIAL PROPERTY 6.01 Mobile food units are not permitted to sell to the public on property that is zoned residential. Such sales would violate home occupation rules. 7. PRIVATE USE OF MOBILE FOOD UNITS ON RESIDENTIAL PROPERTY 7.01 Mobile food units are allowed to provide food for private events in residential areas, for example: weddings, graduation parties, etc. The food unit is essentially acting as a caterer and sales to the general public are not allowed. 7.02 The mobile food unit must be located on the residential property and not within the City right-of-way. 7.03 No overnight parking of a mobile food unit on residential property is allowed. 8. SALES AT FESTIVALS AND OTHER COMMUNITY EVENTS 8.01 Mobile food units are permitted to operate during pre-approved festivals and community events provided it is approved as part of a festival and community events permit. Pre- approved festivals and community events are listed in the Special Event Policy 5-D. 8.02 There shall be no limit on the number of mobile food units allowed per event. 9. SALES TO EMPLOYEES ON PRIVATE PROPERTY 9.01 Mobile food unit sales are allowed to employees of any business on private property. 10. PERFORMANCE STANDARDS 10.01 A mobile food unit that is licensed may not operate within the City for more than a total of 12 days per calendar year. 10.02 No mobile food unit sales or operations between 10:00 p.m. and 7:00 a.m. 10.03 Mobile food units cannot locate within 300' from the perimeter of any preapproved festival, sporting event or civic event unless a license is issued to be part of the festival or event. 10.04 Operators must clean around their unit at the end of each day. 10.05 Operators cannot call attention to themselves by crying out, blowing a horn, ringing a bell and playing music or other noise discernable beyond the unit. 10.06 Units must be kept in good repair and have a neat appearance. 10.07 Proof of the Department of Health Licensing must be provided upon request. 10.08 Units must follow all Department of Health Licensing regulations. 10.09 A mobile food unit must dispose of its gray water daily. Gray water may not be drained into City storm water drains. 10.10 Liquids from a mobile food unit cannot be drained onto public property. 10.11 Electrical cords and hookups to public utilities are not permitted. 10.12 The mobile food unit may have a maximum bumper to bumper length of no more than 30 feet. 10.13 A mobile food unit is not required to obtain a sign permit from the City. However, no additional signage is permitted beyond that which is on the mobile food unit unless it meets the following requirements: • One ( 1) single sandwich board style sign is permitted per mobile food unit; • The maximum sign size is eight (8) square feet; • The sign must be placed on the ground within ten (10) feet of the mobile food unit; • The sign must not be placed within the public right- of-way except with the express • written permission of the City; and • The sign cannot project from the mobile food unit or be mounted to the roof of the • mobile food unit. 10.14 A mobile food unit licensee must comply with all laws, ordinances, regulations, parking zones and posted signs. 10.15 A mobile food unit must provide an independent power supply that is screened from public view. Generators must be self-contained and not exceed 70 decibels 10 feet away from the source. 10.16 Operator is responsible for daily removal trash, litter, recycling and refuse. Public trash cans shall not be used to dispose of water generated by the operation. The operator shall provide a garbage receptacle with a tight fitting lid. The receptacle shall be easily accessible for customer use and located within 5 feet of the unit. 10.17 Units cannot be left unattended nor remain at an authorized operation location outside allowed hours of operation. 10.18 The unit shall not have a drive-thru. 10.19 Building permit required if customers enter trailer during the conduct of business. 10.20 Only food and non-alcoholic beverages may be sold unless the mobile food unit is part of a catered event and the caterer holds a state issued caters license to serve alcohol. The other exception is for businesses that hold a City issued liquor license. Businesses that hold a City issued liquor license may dispense from a beverage cart or trailer on their premise only. 10.21 A mobile food unit licensee that is locating on City property must provide the City with a Certificate of Insurance showing proof of general liability insurance meeting the following minimum requirements: • Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equivalent special event coverages protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event’ s operation and use of the City’ s property in the minimum amount of $1,000,000 per occurrence. • If automobiles will be used during the event, Applicant shall provide automobile liability insurance with a minimum combined single limit of $1,000, 000 per occurrence. Coverage shall include liability for owned, non-owned and hired automobiles. • The City shall be endorsed as an additional insured on all liability policies. Applicant’s insurance shall be primary. • The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. 10.22 Registrants agree to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of the event authorized by such premise extension, including attorney fees and all expenses. 10.23 Registrants will indemnify the City for all damage that may result to City property as a result of an event. Established: 2/29/2016 Revised: 2/4/2020 City of Hopkins  POLICY 5-I SIDEWALK CAFÉ POLICY 1. PURPOSE AND GOALS 1.01 Outdoor café seating for businesses provides multiple benefits to the City. The Goals of the Sidewalk Café program are to do the following: • Support Local Business – Outdoor seating attracts the attention of pedestrians and increases their stay. Not only does outdoor seating promote the adjacent business, but increases other businesses’ visibility when customers choose to be seated outside. • Continue City’s Art Culture – It fosters a creative and innovative spirit that furthers the identity of the area as an Art destination and city. • Encourage Human Interaction – The aesthetically pleasing and nontraditional setting provides an additional option where pedestrians can relax, enjoy, and interact with their fellow community members. • Create Public Space on Mainstreet – By repurposing city on-street parking spaces into outdoor seating, it addresses the need for additional public space. It promotes and reinvents new views on the urban landscape. • Encourage walking – Outdoor seating encourages more pedestrian activity by livening up the street, creating more things to look at, and making the businesses appear more active. 2. PERMIT REQUIRED 2.01 Any qualifying business wishing to add a Sidewalk Café must obtain a Sidewalk Café Permit. To qualify for a Sidewalk Café, the business shall not have private opportunities for outdoor seating in the front of building or street side. 2.02 Applications for the Sidewalk Café Permit will be available at the City Clerk’s office, and if approved, shall become part of the permit. Incomplete applications will be returned. 2.03 The permit fee shall accompany the application. 2.04 The permit is only valid from May 1 through October 15. The City reserves the right to change the permitted dates based upon emergency or weather related conditions. 2.05 Applicants are required to apply each year for a new permit. 2.06 Starting in 2017, Applicants will be eligible to apply for a renewal permit if there are not significant changes to the original application submittal. 2.07 Approval of the Sidewalk Café Permit does not indicate approval of a business license, liquor license, or other required licenses or permits. 3. PERMIT REVIEW PROCESS 3.01 Qualifying business submits a Special Event Permit Application. The application includes the following: a. City of Hopkins Application Form b. Certificate of Liability Insurance c. Proof of Workers Compensation Insurance Form d. Site Plan 1. A drawing showing the layout and dimensions of the existing sidewalk area and adjacent property, existing utilities, including fire hydrants, and public improvements such as benches, trash receptacles and landscaping, and the proposed location, size and number of tables, chairs, planters, umbrellas or other objects related to the sidewalk café, location of doorways and the pedestrian circulation path. 2. Photographs, drawings or manufacture’s brochures fully describing the appearance of all proposed building materials, tables, chairs, umbrellas, trash receptacles, exterior lighting, portable heaters or other objects related to the sidewalk café. 3. Lighting Plan. 4. Landscaping Plan. 3.02 Application is submitted to City Clerk and reviewed by: a. Planning and Economic Development Department b. Public Works c. City Engineer d. Police Department e. Fire Department f. City Manager 3.03 The Permit is administratively approved subject to conditions as approved in this policy. Any significant changes to these conditions will require review and approval by the City Council. 3.04 An inspection and final approval by Public Works. 4. PUBLIC OUTREACH 4.01 Applicant must notify businesses immediately adjacent to the proposed Sidewalk Cafe area. Notification must include a layout and duration for the outdoor seating. 4.02 Additional outreach to business associations and/or neighborhood associations may also be required. 5. CONDITIONS OF APPROVAL 5.01 Site Specifications: • Sidewalk Cafes are limited to restaurants and brewpubs between 7th Avenue and 13th Avenue. Business must either front Mainstreet or front a right of way located within half block from Mainstreet. To qualify for a Sidewalk Café, the business shall not have private opportunities for outdoor seating on Mainstreet. • Sidewalk Cafe area shall be limited to the public right of way abutting the business to which it is attached. • Sidewalk Cafe may not block access to a bus stop. • Sidewalk Cafe must be located at least 20 feet from any fire hydrants. • Sidewalk Cafe must not block site lines at intersections as determined by the City Engineer. • The City maintains the right to review and make final determination as to whether or not a Sidewalk Café would be allowed based on the unique circumstances related to each business. Factors that will be considered would include, but not be limited to, public safety, location, impacts to vehicular and pedestrian traffic circulation, and impacts to parking. 5.02 Design Specifications: • If the operating business serves alcoholic beverages, a decorative barrier or railing between 32 and 42 inches in height is required around the sidewalk café area. Treated lumber is not an acceptable building material. • Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area. • Annual/perennial flowers shall be used to enhance the streetscape aesthetics • Canopies/umbrellas shall be used for sun protection • Sidewalk Café area must meet ADA (American Disability Act) requirements • Design consideration must include architectural and characteristics of area • No commercial signage may be placed on the sidewalk café area, only directional signage. • A minimum clear passage zone for pedestrians of at least five feet shall be maintained at all times. • Umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum head clearance of seven feet. • If a temporary walkway structure that bumps out into the roadway is used: o The structure shall be constructed of metal or composite material or other weather resistant, long lasting, high quality material. Treated lumber is not an acceptable building material. o Maximum width shall not exceed 8 feet o Maximum length shall not exceed 40 feet, or the length of the frontage of the business to which it is attached, whichever is smaller. o No supports or brackets may extend onto the walkway where they might cause tripping hazards or otherwise interfere with people using the walkway.  o Decorative barriers between 36 inches and 42 inches in height are required separating the pedestrian walkway from the roadway. o Reflective bollards or strips must be located at either end of any portion of the structure located within the roadway and be affixed and incorporated into the structure. o Directional signage shall be used to assist pedestrians in utilizing the walkway. o Surface of structure must be leveled with sidewalk surface (up to 1/4 clearance). o No more than a ½ inch gap between the structure and curb is permitted. o Structure may not impede water flow and drainage. 5.03 Management Specifications: • A minimum clear passage zone for pedestrians of at least five feet shall be maintained at all times. The exits from the walkways must be clear at all times. Signs, chairs, etc. shall not be placed so as to interfere with pedestrians exiting the walkways in order to continue on the City sidewalk. • The furniture associated with the Sidewalk Café shall be moveable, washable, constructed of metal or composite or other high quality material, and maintained in a safe and sanitary condition. • The Sidewalk Café area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately. • Patrons shall not leave the premises with a drink nor can drinks be taken onto a public sidewalk that is outside of the Sidewalk Café area. • The Sidewalk Café area must be included in the required liquor liability insurance for the premises. • Hours of operation of the Sidewalk Café shall be limited to between 10:00 am and 11:00 pm. • Permitee shall not allow smoking within the Sidewalk Café area. • Alcoholic beverages may only be brought into the Sidewalk Café area by a server. • Permitee shall pick up litter within 100 feet of the Sidewalk Cafe area on a daily basis. Appropriate receptacles for rubbish, garbage, etc. must be provided. • The Sidewalk Café area must be free of debris, litter, and soil surrounding and underneath any structure platform. • No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the Sidewalk Café area. 6. ADDITIONAL REQUIREMENTS 6.01 Insurance. Applicant must provide the City with a Certificate of Insurance showing proof of general liability insurance, automobile liability insurance (if applicable) and liquor liability insurance (if applicable) meeting the following minimum requirements: • Applicant shall procure and maintain for the duration of the permit commercial general liability insurance protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event’s operation and use of the City’s property in the minimum amount of $1,000,000 per occurrence.  • If alcohol will be sold or served, Applicant must have liquor liability (dram shop) insurance in the minimum amount of $1,000,000 per occurrence. • The City shall be endorsed as an additional insured on all liability policies. Applicant’s insurance shall be primary. • The City reserves the right to modify these insurance requirements depending on the nature and scope of the permit. 6.02 Claims. Applicant agrees to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of the event authorized by such premise extension, including attorney fees and all expenses. 6.03 Damages. Applicant will indemnify the City for all damages that may result to City property as a result of an event. 6.04 The City reserves the right to request at any time that the structure be removed for any utility work that needs to be performed in the City right-of-way. Additionally, the City may require the permit holder to remove the structure for emergency purposes or as deemed necessary. Established: 02/21/2017 City of Hopkins  Administration CITY OF HOPKINS City Council Report 2025-052 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Amy Domeier, City Clerk Date: April 8, 2025 Subject: Resolution Establishing Legislative Policy 2-J Code of Conduct _____________________________________________________________________ RECOMMENDED ACTION MOTION TO adopt Resolution 2025-022 Establishing Legislative Policy 2-J Code of Conduct. OVERVIEW The Legislative Policy Manual provides uniform guidelines on City policies so that actions that are taken are consistent and fair. Staff have created a new legislative policy for the Code of Conduct. The Code of Conduct outlines the ethical standards expected of members of the Hopkins City Council. It is the responsibility of each member to uphold these standards, ensuring that ethical principles are consistently understood and followed. This commitment helps maintain the public’s trust and confidence in the integrity and accountability of local government. SUPPORTING INFORMATION • Resolution 2025-022 • Proposed Legislative Policy 2-J Code of Conduct  CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2025-022 RESOLUTION ESTABLISHING LEGISLATIVE POLICY 2-J CODE OF CONDUCT WHEREAS, the City Council of the City of Hopkins has approved a document entitled the Legislative Policy Manual to provide uniform guidelines on City policies so that actions taken are consistent and fair; and WHEREAS, the City Council of the City of Hopkins has determined the existing policy manual needs to be amended to include a new policy related to City Council Code of Conduct. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby establishes Policy 2-J Code of Conduct and for it to be added to the Legislative Policy Manual Chapter 2. Adopted by the City Council of the City of Hopkins on this 8th day of April 2025. By: __________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk  POLICY 2-J CODE OF CONDUCT 1. PURPOSE 1.01 The purpose of this policy is to have a code of conduct to guide the interactions between and amongst the City Council. The Mayor and City Council should work together in the best interest of the community. 1.02 The Mayor and City Council members should relate to each other through this Code of Conduct to contribute to a more effective, transparent, and collaborative local government. 2. RESPECTFUL COMMUNICATION 2.01 All communication should be respectful, professional, and a constructive approach. Disagreements should be addressed in a respectful manner that fosters resolution and collaboration, rather than creating a division. 2.02 The Mayor and City Council should meet regularly to discuss City matters, providing a platform for transparency and ensuring that concerns are addressed promptly and effectively. 3. DECISION-MAKING PROCESS 3.01 The Mayor and City Council should engage in a shared decision-making process, with the Mayor facilitating discussions and the City Council having a role in creating policy and making final decisions. 3.02 The Mayor and City Council should remain focused on their roles as policymakers, prioritizing policy development, fiduciary responsibilities, and representation of residents' interests. 3.03 Any confidential or sensitive information discussed in closed sessions should remain confidential until it is legally appropriate for public disclosure. 3.04 If the Mayor or a City Council member wishes to take a personal public position on a pending city vote, it should be voiced at a work session or city council meeting and not through other means such as the media, social media or public platform. 3.05 The Mayor and City Council should remain present and engaged during public meetings and events, minimizing cell phone use and side conversations to maintain focus and respect for the proceedings. 4. CONFLICT RESOLUTION 4.01 Disagreements should be addressed in a professional manner, focusing on the issue at hand rather than personal differences. 4.02 The Mayor or any City Council member should address concerns directly with the relevant City Council member(s) when a problem arises. Legislative Policy Manual -- Chapter 2-J 1 4.03 If conflicts cannot be resolved through direct communication, a third-party mediator or facilitator may be engaged to assist in resolving the issue. The goal should always be to maintain positive, productive working relationships and to prevent public confrontations that could undermine trust. 5. ETHICS & ACCOUNTABILITY 5.01 The Mayor and City Council must avoid conflicts of interest, ensuring decisions are based on public good rather than personal gain. See Legislative Policy 2-F. 5.02 The Mayor and City Council should disclose any potential conflicts of interest and recuse themselves from decisions where such conflicts may arise. See Legislative Policy 2-F. 5.03 The Mayor and City Council must strictly adhere to Open Meeting Laws to ensure transparency and compliance. 5.04 The Mayor and City Council are responsible for holding each other accountable to the Code of Conduct. 6. PUBLIC ENGAGEMENT & REPRESENTATION 6.01 When speaking on behalf of the City, the Mayor and City Council should present a unified message, even if individual opinions differ. Any discrepancies should be handled internally rather than through public division. 6.02 The Mayor and City Council should actively engage with residents, listen to their concerns, and ensure those concerns are reflected in the decision-making process. 6.03 When providing testimony or lobbying with legislators, the Mayor and City Council should clearly indicate if their advocacy is contrary to, or falls outside the scope of, the city’s legislative platform. 6.04 If the Mayor or City Council member plans to sign an advocacy letter that contradicts or falls outside the scope of the city’s legislative platform, they should first confer with other Council members and inform the City Manager. Advocacy made as a candidate should be understood as representing the individual’s position, not the consensus of the City Council. 7. COLLABORATION WITH CITY MANAGER AND STAFF 7.01 The Mayor and City Council should treat the City Manager and City staff with professionalism and respect, recognizing that while staff implement policies, it is the elected officials who guide the vision and set the goals. See Legislative Policy 2-B. 7.02 The Mayor and City Council should engage with City staff respectfully, valuing their roles and fostering a collaborative environment. See Legislative Policy 2-B. 7.03 The Mayor and City Council should provide City staff with sufficient time prior to meetings to address questions or provide information on specific topics. Legislative Policy Manual -- Chapter 2-J 2 7.04 The Mayor and City Council should avoid surprising staff with questions or issues during public meetings. 7.05 If the Mayor or a City Council member wishes to pull an item from the consent agenda, they should notify the City Manager before the meeting. The City Manager will then inform the other City Council members and City staff as appropriate. 7.06 The Mayor and City Council should inform the City Manager in advance of any proposed amendments to agenda items before the meeting. The City Manager will communicate the changes to the rest of the City Council and staff as necessary. 7.07 The Mayor and City Council will work directly through the City Manager for communication and coordination with staff. See Legislative Policy 2-B. 7.08 The Mayor and City Council should not attend staff meetings, training, ride-alongs, or group staff functions unless specifically invited or approved by the City Manager. 7.09 The Mayor and City Council should not expect immediate responses to communications sent outside of working hours. The City Manager will determine if an issue requires urgent attention or if it can be handled at a later time. 7.10 The Mayor and City Council will let the City Manager know of any planned absence at an official meeting or event at least two weeks in advance if possible, to account for quorum and specific voting actions at the meetings. 8. CIVIC LEADERSHIP & COMMUNITY IMPACT 8.01 The Mayor and the City Council should lead by example, setting high ethical standards and striving to foster a positive image of the city. 8.02 The Mayor and City Council should ensure that their actions and decisions align with the City’s long-term goals and vision. 9. TRANSPARENCY IN DECISION-MAKING 9.01 The Mayor and City Council should encourage transparency by making decision-making processes public and engaging the community through hearings, town halls, or other feedback mechanisms. 10. ADHERENCE TO LEGAL & ETHICAL STANDARDS 10.01 The Mayor and City Council must adhere to all local, state, and federal laws, ensuring that their actions are within the legal framework. 10.02 The Mayor and City Council must adhere to all City of Hopkins Legislative, Personnel and Administrative Policies, ensuring their actions are within the established rules. Legislative Policy Manual -- Chapter 2-J 3 11. RESPECT FOR DIVERSITY AND INCLUSION 11.01 The Mayor and City Council should ensure that government policies and actions reflect the community's diversity. This includes considering the needs of underrepresented groups and making decisions with inclusivity at the forefront. 11.02 The Mayor and City Council should prioritize the use of language that is respectful, inclusive, and sensitive to the diverse backgrounds within the community. 12. MEDIA, SOCIAL MEDIA & PUBLIC PLATFORMS 12.01 Public statements on social media should uphold trust between the Mayor, City Council, City staff, and the public, avoiding any content that could undermine this relationship. 12.02 Any public statement should reflect the collective voice of the city government. Individual remarks that conflict with this unity should be avoided. 12.03 The Mayor and City Council should notify the City Manager of any media requests. News releases are issued through the City Manager’s office. See Legislative Policy 3-B. 13. PERIODIC REVIEW & UPDATES 13.01 The Mayor and City Council should regularly review and update this policy to reflect changing dynamics, legal standards, and evolving community values. Established __/___/2025 Legislative Policy Manual -- Chapter 2-J 4