2018-047 Resolution Approving the Second Reading of Ordinance 2018-1132 amending sections 520 of the city code related to Solar Energy Systems and authorizing its Publication CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2018-047
A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2018-1132
AMENDING SECTIONS 520 OF THE CITY CODE RELATED TO SOLAR ENERGY
SYSTEMS AND AUTHORIZING ITS PUBLICATION
WHEREAS, the City of Hopkins initiated an application to amend the Zoning Ordinance related
to Solar Energy Systems; and
WHEREAS, the procedural history of the application is as follows:
1. The Hopkins Planning & Zoning Commission reviewed the SolSmart Program during
their July and August 2017 meetings; and
2. That the Hopkins City Council reviewed and discussed this item during their September
5, 2017 meeting; and
3. That an application to amend the Zoning Ordinance related to Solar Energy Systems was
initiated by the City of Hopkins on December 22, 2017; and
4. That the Hopkins Planning & Zoning Commission reviewed and heard presentations on
such application during the January 23 and February 27, 2018 meetings; and
5. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing to review such application on March 27, 2018 and all persons present were
given an opportunity to be heard; and
6. That during the March 27 meeting, the Hopkins Planning & Zoning Commission voted to
continue this item until their April 24, 2018 meeting to allow more time for study; and
7. That the Hopkins Planning & Zoning Commission, continued the public hearing to
review such application on April 24, 2018 and all persons present were given an
opportunity to be heard; and
8. That written comments and analysis of City staff were considered; and
9. That the Hopkins Planning & Zoning Commission voted 5-0 to recommend the Hopkins
City Council approve an ordinance amending the zoning standards for Solar Energy
Systems; and
10. That the City Council approved the first reading of this item on May 1, 2018; and
11. The City Council of the City of Hopkins held a second reading of this ordinance during
the May 15, 2018 City Council meeting; and
12. The written comments and analysis of City staff were considered.
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public
of the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the second reading of Ordinance 2018-1132 amending Sections 520 the City Code
related to Solar Energy Systems based on the findings detailed in City Council Report 2018-051.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause
the following summary of Ordinance 2018-1132 to be published in the official newspaper in lieu
of the entire ordinance:
Public Notice
In summary, Ordinance 2018-036 makes the following changes to Sections 520 the City Code
related to Solar Energy Systems:
1. Establishes the purpose and intent behind the proposed regulations.
2. Defines specific terms associated with Solar Energy Systems.
3. Details allowable uses by zoning district.
4. Creates specific performance standards for Solar Energy Systems.
5. Outlines a review process and necessary application materials.
6. Places reasonable limits on private groups to restrict Solar Energy Systems and encourages
protection of solar access through easements.
Adopted by the City Council of the City of Hopkins this 15th day of May 2018.
/1L4G l. �'
Molly Cuthmings, Mayor
ATTEST:
irMAU rJTh
Amy Domeier, City Clerk
HOPKINS CITY COUNCIL
WORK SESSION PROCEEDINGS
MAY 8, 2018
CALL TO ORDER
Pursuant to due call and notice thereof a regular work session of the Hopkins City
Council was held on Tuesday, May 8, 2018 at 6:52 p.m. in the Raspberry Room at City
Hall, 1010 First Street South, Hopkins.
Mayor Cummings called the meeting to order with Council Member Campbell, Gadd,
Halverson and Kuznia attending. Staff present included City Manager Mornson, Finance
Director Bishop, Assistant City Manager Lenz and Public Works Director Stadler.
FMP UPDATE WITH EMPHASIS ON FRANCHISE FEES RENEWALS AND
FINANCING THE CITY HALL PROJECT
Finance Director Bishop updated the Council on the franchise fee renewals and
financing for the city hall project. Mr. Bishop gave an overview of what franchise fees
are and showed examples of what city franchise fees look like on a utility bill. Mr. Bishop
explained that franchise fees are revenue used to provide city services and that
franchise fees can be used for any public purpose. Mr. Bishop explained that Hopkins
franchise fees are used to reduce the tax levy in the General Fund and for park
improvements. The proposed 2019-2023 increase is $1.00/month for residential
customers. The proposed increase would go into the Capitol Improvement Plan (CIP)
that includes $1.1 million in projects. The increase could fund the City Hall
improvements. Mr. Bishop discussed the other options including no franchise fee
increase or phasing in a larger increase over the next several years. Mr. Bishop
discussed the unknowns of future legislation regarding franchise ordinances.
Mayor Cummings asked about the franchise fees legislation. Mr. Bishop explained that
the new legislation would apply to a franchise agreement over a 5-year period and any
ordinances passed after August 1, 2018. Council Member Gadd commented that the
legislation could dictate that franchise fees could only be used for the purpose for which
they are being collected.
Mr. Bishop discussed the future actions for the proposed ordinance and timetable.
There was discussion about the cable fund and nonresidential franchise fee
comparisons to neighboring cities. Assistant City Manager Lenz discussed the SW
Cable commission and communication uses. Mr. Bishop would update the Council on
nonresidential franchise fee comparisons.
Council consensus is to renew the franchise fee. Council commented that the franchise
fee is an important tool to continue infrastructure improvements and that the fee is
shared by everyone. Mr. Bishop will send the Work Session presentation to Council for
further consideration and discussion at the next Work Session.
City Hall project
Mr. Bishop discussed the costs of the City Hall renovation project, previously planned
projects and available funding sources. The base renovation costs are $3,500,000 with
additional costs the project total would be $4,270,000. Mr. Bishop commented that
HOPKINS CITY COUNCIL
WORK SESSION PROCEEDINGS
MAY 8, 2018
property taxes and franchise fees are appropriate funding sources. Mr. Bishop
discussed the tax impact to the medium value residential home and the City Hall
construction timetable. Assistant City Manager Lenz discussed the contingency plans
and costs.
City Manager Mornson asked what franchise fee increase would be required to pay for
the entire City Hall project. Mr. Bishop estimates a $1.50 franchise fee increase. Mayor
Cummings discussed the concern of legislative changes to franchise fees. Mr. Bishop
commented that if the City would lose franchise fees then the renovation project would
have to be paid for by raising the tax levy. Council Member Kuznia asked about how to
increase franchise fees. Mr. Bishop commented that franchise fees could be increased
in steps. Mayor Cummings asked how the increase fits with the overall Financial
Management Plan (FMP). Mr. Bishop discussed how the $1.00 per month increase
would affect the tax levy. Mr. Bishop commented that staff is updating the estimates for
the 2019-2023 CIP.
There was discussion how the park improvement fund depends upon franchise fees and
park dedication fees to fund park projects. Park improvement funds are dependent on
development projects and the fees are negotiated and cannot be counted on. Options
would be to delay the park project or use tax levy to fund project.
There was Council discussion about the following questions:
1. Costs to the City if SWLRT happens and how these will be funded?
Mr. Bishop reviewed the SWLRT agreements, cost estimates and funding. Mayor
Cummings asked about bonding for the anticipated costs. Mr. Bishop commented that
the City would cover costs with cash flow and then group the costs with the next bond
the City issues. Mr. Bishop discussed the audit and base rating relating to how much
cash the City has on hand.
2. Costs to the City if the SWLRT does not happen and how will these be funded?
Mr. Mornson discussed the CMAQ grant and the negotiations between Met Transit and
Doran Properties for the Moline Parking Ramp. Mr. Bishop commented that the funding
plan for the ramp if SWLRT falls through would be to issue General Obligation and TIF
bonds. There was discussion about the City's funding commitment and that Council
needs to be aware of the worst-case scenario. Mr. Bishop discussed the fund
obligations, CMAQ federal requirements and TIF Districts.
3. Anticipated road project costs for next 3 years?
There was discussion of road project costs and funding.
4. Total expected bonding costs without City Hall upgrades?
Mr. Bishop reviewed the CIP for the next three years.
HOPKINS CITY COUNCIL
WORK SESSION PROCEEDINGS
MAY 8, 2018
5. Central Park funding source beyond the Park Dedication Fund?
Public Works Director Stadler commented that for the park improvements to be a viable
program it needs revenues from franchise fees and park dedication fees. The amount of
park dedication fees is specific to each development project.
6. What if franchise fees are disallowed?
Mr. Bishop commented that if franchise fees became disallowed as a funding source the
City would need to cut services or increase fees.
7. Hopkins Center for the Arts continued losses?
Mr. Bishop's recommendation is to continue to fund the Arts Center and take the Arts
Center out of the deficit. There was discussion that the Arts Center's projected loss
continues to trend towards the positive.
8. City bond over last 6 years?
Mr. Bishop reviewed the bonding amounts.
9. City levy increases over last 6 years?
Mr. Bishop reviewed the levy increases.
10. Ongoing costs of the Class and Comp study?
Mr. Bishop commented that labor contracts are still in negotiation and staff would have
more accurate information on the impact once contracts are settled.
Council commented on the importance of looking at the big picture and the impacts
going forward. There was Council discussion about increasing the franchise fee and
getting the fee closer to neighboring cities. Mr. Bishop would update the Council on
different franchise fee scenarios and look at the allocation between commercial and
residential franchise fees.
Assistant City Manager Lenz discussed the next steps for the City Hall renovation
project. There was Council discussion about the City Hall project making offices work
flow friendly, staff retention, front entry improvements and it would be more efficient to
do all the improvements at time of construction.
Council needed more time to evaluate the information before making a decision. There
was discussion about the importance of understanding the funding and resolution to the
parking ramp agreement that still need to be finalized. There is a potential for steep cost
increases. Council will continue to study the information and address questions with city
staff.
Ms. Lenz discussed the City Hall timetable commenting that pushing the decision date
back to June 5 would not have much impact and keep the project moving forward. The
2019 City Hall construction year schedule works well with the election timeframe.
HOPKINS CITY COUNCIL
WORK SESSION PROCEEDINGS
MAY 8, 2018
Mr. Mornson commented that Finance Director Bishop would present the Quarterly
Financial Report and discuss the franchise fees renewal at the next City Council
meeting. Council would then have time to follow up with questions and then schedule
June 5 to continue the process for the City Hall renovation project.
UPDATES
• Council Member Kuznia and Council Member Campbell gave an overview of the
Cold Storage area developer selection process.
• Council Member Halverson discussed a resident complaint about bird noise.
• Council Member Kuznia commented that the Interlachen neighborhood is
completing the paperwork to adopt Interlachen Park.
• Council Member Gadd discussed a resident concern of regarding debris in Park
Valley Park.
• Council Member Gadd would be attending the Cargill Learn graduation.
• Council Member Campbell discussed Cultivate Hopkins and complimented City
Planner Lindahl for all his work on the City's comprehensive plan.
• Mayor Cummings asked about surveys from the Hopkins Academy. Assistant City
Manager Lenz would update the Council.
• Mayor Cummings discussed recent and upcoming meetings and events.
• Mayor Cummings commented that the ResourceWest Spring Fling event was
successful.
• Mayor Cummings shared an invitation with Council to attend a Raspberry Festival
Senior Royalty brunch on June 13.
City Manager Mornson gave the following updates:
• Volunteer dinner agenda.
• Overview of presentations on the next City Council agenda.
• Discussion of a local organizations concerns regarding the Charitable Gambling
Amendment.
• Discussion of the neighborhood meeting regarding next year's street improvement
project.
The Council discussed the Planning and Zoning Commission interviews and
candidates. The Council selected two commission members and one alternate
member.
ADJOURNMENT
There being no further business to come before the City Council and upon a motion by
Kuznia, second by Campbell, the meeting was unanimously adjourned at 9:27 p.m.
Respectfully Submitted,
• Debbie Vold
ATTEST:
.4/6Molly Cummings, Mayor Amy Domeier, City Clerk