Chapter 7Legislative Policy Manual -- Chapter 7
LEGISLATIVE POLICY MANUAL
CHAPTER VII
Policy 7-A Use of Consultants
Policy 7-B Review Procedures of Development Projects
Policy 7-C Tax Increment Finance
Policy 7-D Taxable/Tax Exempt Financing Policy
Policy 7-E Business Subsidy Criteria
Policy 7-F Neighborhood Meetings
Policy 7-G Fair Housing Policy
Policy 7-H Inclusionary Housing Policy
Policy 7-I Housing Improvement Area Policy
Revised September 2024
Legislative Policy Manual -- Chapter 7-A 1
POLICY 7-A
USE OF CONSULTANTS
1. PURPOSE
1.01 To establish guidelines for the retention and evaluation of consultants for the City to
ensure that such services are rendered in a professional, unbiased cost-effective, manner
and in the best interests of the City. The term "consultant" shall include any person or
organization which will provide services for the City, including, but not limited to,
auditors, engineers, financial advisors, lawyers, and planners.
1.02 The Hopkins City Council recognizes the desirability of hiring consultants from time to
time to assist in providing quality services and programs to residents of the City.
Consultants may be used to audit various City activities; to analyze and propose solutions
to problems facing the City; to provide technical assistance, and to supplement City work
forces.
1.03 The use of such consultants is advantageous to the City in that consultants can provide
independent review; flexibility by adding manpower but without increasing the size of
permanent City Staff; and expertise outside of that available from full time City
employees.
2. TYPES OF CONSULTANTS
2.01 Consultant services will generally fall within one of two categories based on the frequency
of services, Recurring Consultants Services and Nonrecurring Consultant Services.
2.02 Recurring Consultant Services includes and is limited to a consultant or firm for each of
the following areas: traffic, auditing services, bond counseling services, general legal
services, relocation services, general engineering.
2.03 In some instances, the City may retain more than one consultant to provide a recurring
consultant service when it is deemed in the best interests of the City.
2.04 Nonrecurring Consultant Services includes all other consultant assignments such as
architects, legal services for special projects, fiscal impact or tax increment analyses, site
selection analyses, development analyses, etc. A consultant may be retained on a
nonrecurring basis for a recurring service when the regular consultant is precluded from
performing the service by conflict of interest or workload.
3. RECURRING CONSULTANT SERVICE
3.01 Upon recommendation from the City Manager, the City Council may enter into contracts
that provide for automatic renewal of agreements for recurring consultant services for a
maximum three-year period. Following the prescribed period in the contract, new
proposals must be solicited for these services. This Policy does not in any way preclude the
Council from retaining the same consultant after reviewing the new proposals. The
following procedure shall be used to solicit proposals for recurring consultant services:
Legislative Policy Manual -- Chapter 7-A 2
3.02 The assigned Department Director will solicit a scope of services proposal from at least
two consultants. This proposal shall contain, at a minimum, the following information.
a. Technical experience - (general and related experience).
b. Staffing - (resumes of the key personnel that will work with the City).
c. Fee - (a fee schedule and method of billing).
3.03 Following an evaluation of the proposals, the Department Director and a member of the
City Manager's Office will conduct interviews with selected consultants.
3.04 After a complete evaluation of the proposals and the interviews with selected consultants,
the City Manager will recommend a consultant or consultants for these recurring services
to the City Council for approval. The City Manager will provide a report listing all the
consultants that submitted proposals and indicating the reasons for the recommendations.
4. NONRECURRING CONSULTANT SERVICE
4.01 The City Manager is authorized to execute contracts with consultants on behalf of the City
for nonrecurring consultant services if the following circumstances exist:
1) the estimated value of the work does not exceed $10,000
2) funds are budgeted for the work or the contract will be paid exclusively by non-City
sources, or is otherwise authorized by the City Council, and
3) the term of the contract does not exceed a twelve (12) month period.
4.02 All other nonrecurring consultant service contracts shall be approved by the City Council.
4.03 A Department Director wishing to hire a consultant for any nonrecurring service shall
submit a written report to the City Manager detailing why a consultant is needed, why "in-
house" staff cannot perform the task, the source of funds to pay for the services, and any
other information requested by the City Manager.
4.04 Following approval from the City Manager to retain a consultant, the Department Director
shall solicit a Scope of Services Proposal from at least two consultants, and shall follow
the same selection procedure outlined in Section A - Recurring Consultant Services. The
proposals shall contain, at a minimum, the following information:
a. Experience - (history of the firm and general and related experience).
b. Staffing - (resumes of personnel that will be assigned to the project).
c. Timetable - (schedule and completion date for project).
d. Fee - (how the fees will be charged and maximum cost for the project).
5. GENERAL
5.01 No consultant shall be hired for nonrecurring services if that consultant is performing, has
performed, or will perform any services for any client associated with the project for which
the City is soliciting proposals or if the consultant has any other financial interest in the
project.
Legislative Policy Manual -- Chapter 7-A 3
5.02 A consultant hired for recurring services shall not provide such services for those projects
and in those instances where the consultant is also providing, has provided, or will provide,
services for another client having an interest in the project or where the consultant has any
other financial interest in the project.
5.03 The provision that a minimum of two Scope of Services Proposals be obtained may be
waived by the City Manager when, in the Manager's opinion, circumstances indicate that
obtaining more than one proposal is not practical or appropriate.
5.04 The product of any consultant service, including all plans, specifications, reports,
drawings, architectural designs, renderings or other such material shall become the
property of the City.
5.05 Unless otherwise qualified by the City Council, all contracts shall be for a period not to
exceed twelve (12) months, although contracts for recurring consultant services may have
automatic renewal clauses. A consultant retained on either a recurring or nonrecurring
basis shall be permitted to complete a specific project if the time for completion exceeds
twelve (12) months, upon approval of the City Manager.
Established 8/18/87
City of Hopkins
Legislative Policy Manual -- Chapter 7-B 1
POLICY 7-B
REVIEW PROCEDURE OF DEVELOPMENT PROJECTS
1. PURPOSE
1.01 To outline policies and procedures relating to development review within the City of
Hopkins.
2. GENERAL
2.01 The review procedures within this policy are intended to relate to developments before the
Planning Commission and City Council which require formal review and approval.
2.02 The review process described within this policy is intended to allow for an adequate
amount of public input as well as advisory comments to the City Council.
2.03 The review procedures outlined within this policy shall include but not be limited to:
a. Variances
b. Conditional Use Permits
c. Concept Reviews
d. Rezonings
e. Subdivisions
f. Waiver of Plats
g. Planned Unit Developments
h. Comprehensive Plan Amendments
3. PROCEDURES
3.01 Applications and check lists of required submission documentation for the development
requests listed in Section 2.03 are available from the Community Development
Department.
3.02 Completed applications along with supporting documents as requested by Community
Development staff must be presented to the City according to a schedule which allows for
adequate review and notification of surrounding properties. Since the schedule fluctuates
from month to month due to the planning commission meeting dates, applicants are
encouraged to contact Community Development staff as early as possible to avoid
unnecessary delays.
3.03 The Community Development staff shall not place a developer application on the Planning
Commission agenda until all required submission documents are provided to the City in
sufficient detail to allow for adequate staff review prior to the meeting.
Legislative Policy Manual -- Chapter 7-B 2
3.04 Upon receiving an application by a developer, the Community Development staff shall
contact any appropriate group or organization that might be impacted by the development
for submission of comments.
3.05 The Community Development staff shall be responsible for the notification of surrounding
property owners as may be required by state statute. It shall be the responsibility of the
developer to meet with surrounding property owners, when appropriate, to discuss the
project and secure comments. The Community Development staff shall be informed of
these meetings.
3.06 Public Hearings that may be required shall be scheduled and advertised by the Community
Development staff.
3.07 Staff reports and recommendations along with all supporting documentation shall be
delivered to the members of the Planning Commission no later than 1 week prior to the
meeting date.
3.08 The Planning Commission shall review all testimony and written comments and
recommend action to the City Council. Items recommended by the Planning Commission
shall be placed on the next regular Council agenda.
3.09 The City Council shall review the information provided by the Commission and staff
together with any other information it wishes to receive and determine whether or not the
request will be approved.
Established 8/18/87
Revised 1/18/89
City of Hopkins
Legislative Policy Manual -- Chapter 7-C 1
POLICY 7-C
TAX INCREMENT AND TAX ABATEMENT POLICY
1. PURPOSE
1.01 The purpose of this policy is to establish the City's position as relates to the use of Tax
Increment Financing (TIF) or Tax Abatement (Abatement) for private development. This
policy shall be used as a guide in processing and reviewing applications requesting TIF or
Abatement assistance.
1.02 The City shall have the option of amending or waiving sections of this policy when
determined necessary or appropriate.
2. STATUTORY LIMITATIONS
2.01 Requests must comply with Minnesota Statutes 469.174-469.1791, the Minnesota Tax
Increment Financing Act. Tax Abatement requests must comply with Minnesota Statutes
469.1812-469.1815.
3. ELIGIBLE USES
3.01 As a matter of adopted policy, the City of Hopkins will consider using TIF or Abatement
to assist private developments only in those circumstances in which the proposed private
projects meet one or more of the following uses.
A. To redevelop blighted or underutilized areas of the community.
B. To meet the following housing-related uses.
1. To provide a diversity of housing adjacent to the Hopkins downtown area.
2. To provide a variety of housing ownership alternatives and housing choices.
3. To promote affordable housing for low or moderate income individuals.
4. To promote neighborhood stabilization and revitalization by the removal of blight
and the upgrading in existing housing stock in residential areas.
C. To remove blight and encourage redevelopment in the commercial and industrial areas
of the City in order to encourage high levels of property maintenance and private
reinvestment in those areas.
D. To increase the tax base of the City in order to ensure the long-term ability of the City
to provide adequate services for its residents while lessening the reliance on residential
property tax.
E. To retain local jobs, increase the local job base, and provide diversity in that job base.
F. To increase the local business and industrial market potential of the City of Hopkins.
G. To provide adequate short-term business and shopper parking and resident parking.
H. To encourage additional unsubsidized private development in the area, either directly
or through secondary "spin-off" development.
I. To offset increased costs of redevelopment over and above those costs that a developer
Legislative Policy Manual -- Chapter 7-C 2
would incur in normal urban and suburban development.
J. To accelerate the development process and achieve development on sites which would
not be developed without this assistance.
K. To meet other uses of public policy, as adopted by the Council from time to time,
including promotion of quality urban design, quality architectural design, energy
conservation, decreasing the capital and operating costs of local government, etc.
L. Finance or provide public infrastructure as part of a development/redevelopment
project.
M. In addition to the above Abatement, may also be used to help provide access to
services for residents.
4. PROJECT APPROVAL CRITERIA
4.01 All projects requesting TIF or Abatement assistance should meet the following minimum
approval criteria. However, it should not be presumed that a project meeting these criteria
will automatically be approved.
A. The TIF or Abatement assistance shall be provided within applicable state legislative
restrictions, debt limit guidelines, and other appropriate financial requirements and
policies.
B. The project should meet one or more of the above eligible uses.
C. The project must be in accord with the Comprehensive Plan and Zoning Ordinances,
or required changes to the Plan and Ordinances must be under active consideration by
the City at the time of approval.
D. TIF or Abatement assistance will not be provided to projects that have the financial
feasibility to proceed without public financial assistance. In effect, assistance will not
be provided solely to broaden a developer's profit margins on a project. Prior to
consideration of a TIF or Abatement assistance request, the City may undertake an
independent underwriting of the project to help ensure that the request for assistance is
valid.
E. Prior to approval of a TIF or Abatement application, the developer shall provide any
required market and financial feasibility studies, appraisals, soil boring, information
provided to private lenders for the project, and other information or data that the City
or its financial consultants may require in order to proceed with an independent
underwriting.
F. To ensure cash flows are adequate, projects receiving TIF or Abatement assistance
should normally have a 1.2:1 debt service coverage ratio (a ratio of funds projected to
be available to funds required for debt service).
G. The developer should provide adequate financial guarantees to ensure the repayment
of the TIF or Abatement subsidy. These may include, but are not limited to:
assessment agreements, letters of credit, etc.
H. Any developer requesting TIF or Abatement assistance should be able to demonstrate
past successful general development capability as well as specific capability in the
type and size of development proposed.
Legislative Policy Manual -- Chapter 7-C 3
I. The developer should retain ownership of the project at least long enough to complete
it, to stabilize its occupancy, to establish the project management, and to initiate
repayment of TIF or Abatement.
J. The level of TIF funding should be reduced to the lowest possible level by
maximizing the use of private debt and equity financing first, and then using other
funding sources or income producing vehicles that can be structured into the project
financing, prior to using additional TIF or Abatement assistance funding.
5. EVALUATION CRITERIA
5.01 All projects will be evaluated on the following criteria for comparison with other proposed
projects reviewed by the City, and for comparison with other subsidy standards (where
appropriate). It is realized that changes in local markets and costs of construction and
interest rates may cause changes in the amount of public assistance that a given project
may require at any given time.
5.02 Some criteria, by their very nature, must remain subjective. However, wherever possible,
benchmark criteria have been established for review purposes. The fact that a given
proposal meets one or more benchmark criteria does not mean that it is entitled to funding
under this policy, but rather that the City is in a position to proceed with evaluations of
(and comparisons between) various TIF or Abatement proposals, using uniform standards
whenever possible.
5.03 Following are the evaluation criteria that will be used by the City of Hopkins for proposals
requesting TIF or Abatement assistance.
A. Proposals should optimize the private development potential of a site.
B. Proposals should obtain the highest possible private-to-public financial investment
ratio. The Council establishes a benchmark ratio of three parts private to one part
public funding for industrial projects. Housing and retail/commercial projects shall be
reviewed on an individual basis.
C. Proposals should create the highest feasible number of new jobs on the site. Property
shall meet the City of Hopkins Business Subsidy Criteria.
D. Proposals should create the highest possible ratio of property taxes paid before and
after redevelopment. Given the different assessment circumstances in the City, this
ratio will vary widely. However, under normal circumstances, the Council will expect
at least a 1:2 ratio of taxes paid before and after redevelopment.
E. Proposals should normally not be used to support speculative industrial, commercial,
and office projects. In general, speculative projects are defined as those projects
which have letters of intent or pre-leasing for less than 50 percent of the space
available for lease.
F. Proposals will be reviewed to determine the feasibility to provide the City with equity
participation in new developments (through a share of the profits), or to treat the TIF
assistance as a second mortgage with fixed payments.
G. Proposals involving displacement of low and moderate income residents should give
Legislative Policy Manual -- Chapter 7-C 4
specific attention to the re-housing needs of those residents. Adequate solutions to
these re-housing needs will be required as a matter of public policy.
H. Proposals will normally not be used in a project that involves an excessive land and/or
property price. This will normally be where the acquisition price is more than 10
percent in excess of market value.
I. TIF or Abatement will not be used when the developer's credentials, in the judgment
of the City, are inadequate due to past track record relating to: completion of projects,
general reputation and/or bankruptcy, or other problems or issues considered relevant
by the City.
J. A developer using TIF or Abatement will need to provide a financial guarantee for the
repayment of the assistance within the constraints of existing tax law.
K. TIF or Abatement will not be used to support projects that place demands on City
services, or other capital or operating expenditures, that exceed the average City
expenditures for similar facilities. Consideration will be given to the total public costs
that are required to support the project, including off-site facilities costs that are
required.
L. TIF or Abatement will not normally be used for projects that would generate
significant environmental problems in the opinion of the local, state, or federal
governments.
M. TIF or Abatement will not be used when the schedule for development has exceeded
the schedule established in the redevelopment agreement, and where the City has not
agreed to extensions of that schedule.
N. TIF or Abatement funding should not be provided to those projects that fail to meet
good public policy criteria as determined by the Council, including: poor project
quality; projects that are not in accord with the Comprehensive Plan, zoning,
redevelopment plans, and City policies; projects that provide no significant
improvement to surrounding land uses, the neighborhood, and/or the City; projects
that do not provide a significant increase in tax base; projects that do not have
significant new, or retained, employment; projects that do not meet financial
feasibility criteria established by the City; and projects that do not provide the highest
and best desired use for the property.
5.04 Additional Criteria--TIF
A. All TIF projects will need to meet the "but for" test. TIF will not be used unless the
need for the City's economic participation is sufficient that without that assistance the
project could not proceed in the manner as proposed.
B. TIF will not be used in projects that would give a significant competitive financial
advantage over similar projects in the area due to the use of tax increment subsidies.
5.05 Additional Criteria--Abatement
A. Abatement shall not be used on parcels of property located in TIF districts.
B. The Abatement of taxes shall be used only for new taxes generated from the project.
Legislative Policy Manual -- Chapter 7-C 5
C. Requests for Abatement shall be used only for large-scale development or
redevelopment projects.
Established 8/16/88
Revised 6/20/2000
City of Hopkins
Legislative Policy Manual - Chapter 7-D 1
POLICY 7-D
TAXABLE/TAX EXEMPT FINANCING POLICY
1. PURPOSE
1.01 The purpose of this policy is to establish the City's position on the use of Revenue Bond
Financing for private development. This policy shall be used as a guide in processing and
reviewing applications requesting Taxable/Tax Exempt Financing.
2. STATUTORY LIMITATIONS
2.01 In accordance with the Taxable/Tax-Exempt Financing Policy, requests must comply with
applicable State and Federal Statutes. The City of Hopkins is governed by the limitations
established in Minnesota Statute 474, the Minnesota Municipal Industrial Development
Act.
3. FILING CRITERIA
3.01 The applicant must provide all of the following items with the application, unless waived
by the Director of Planning and Economic Development:
A. If the project requires approval by the Zoning and Planning Commission, the applicant
must apply for these approvals prior to or with this application.
B. A written opinion, with supporting justification, from an expert acceptable to the
Director of Planning and Economic Development, to document that the development
will not adversely affect similar, existing developments. This requirement may be
waived if there are no similar developments in the area of your project, or if it is an
existing development.
C. A public hearing notice and resolution of preliminary approval. Applicant must have
these items prepared by the City's Bond Counsel.
D. An application fee of $5,000. This fee is nonrefundable and is separate from the Bond
Counsels', City Attorneys', and/or closing costs. The applicant agrees to pay all costs
involved in the legal and fiscal review of this project. These costs include the Bond
Counsel, City Attorney, and all costs involved in the issuance of the bonds to finance
the project.
4. CRITERIA FOR THE USE OF TAXABLE/TAX-EXEMPT FINANCING
4.01 As a matter of adopted policy, the City of Hopkins will consider using Taxable/Tax-
Exempt Financing to assist private developments only if the following requirements are
met:
A. The project shall not require a significant amount of public money for City
improvements if the City Council determines that the site is premature for
development.
B. The notes or bonds shall be for an issue not less than $250,000.
C. Construction must begin within one year of preliminary approval. The City Council
may grant a time extension if just cause is shown.
D. Contractors doing work on projects funded in whole or in part by taxable/tax-exempt
Legislative Policy Manual - Chapter 7-D 2
financing:
1. Shall not discriminate in the hiring and firing of employees on the basis of race,
color, creed, religion, national origin, sex, marital status, age, disability or the need
for public assistance.
2. Shall pay employees as provided under the United States Code, Section 276A.
E. Applicant must use the City's Bond Counsel.
F. Project application will be reviewed based upon the following review standards.
Applications meeting more of the following standards, or more extensively meeting
some of the standards, will generally be considered before those which do not meet all
of them or meet them less extensively:
1. Facilitation of the City's development or redevelopment objectives.
2. The number of additional jobs created or retained in the City.
3. Projected increase in property tax revenue.
4. The amount of equity participation above 10%.
5. The quality of the project, as represented by renderings, site plans, the applicant's
record of development, etc.
6. Need for public assistance to facilitate project.
7. Financial feasibility of project.
8. How the project, if residential, meets the housing needs of the City.
Applications will also be reviewed to ascertain:
1. The projects impact on additional City services.
2. The view of individuals and businesses expressed at the public hearing on the
projects.
G. The project must exceed minimum code requirements for architectural and site design.
H. The applicant must pay an annual administrative fee to the City of one-eighth of one
percent of the outstanding balance of the bond issue.
5. REQUIREMENTS FOR THE USE OF TAXABLE/TAX-EXEMPT FINANCING
FOR RESIDENTIAL PROJECTS.
2.04 The Taxable/Tax-Exempt residential project bond indenture agreement shall require:
A. The developer must periodically certify to the City and trustee, compliance with the
federal low-to-moderate income requirement. The frequency of certification shall be
determined on a case-by-case basis.
B. The trustee is to inform the City of noncompliance trends with federal low-to-moderate
income requirements.
C. Developer must stipulate the federal law requirements for the set-aside of low-to-
moderate income units and any other set-aside provisions agreed to by the developer.
Legislative Policy Manual - Chapter 7-D 3
6. OTHER PROVISIONS.
6.01 The Council resolution giving preliminary approval to a project shall specify:
A. That the City reserves the right in its sole discretion to withdraw the preliminary
approval at any time prior to the issuance of taxable/tax-exempt obligations for the
project upon its determination that the purposes of the Act and this policy would not be
served thereby and that the Council's decision on this matter is uncontestable.
B. That any approval given terminates one year from the date of the resolution and may be
renewed only upon request of the applicant.
7. MODIFICATION IN POLICY.
7.01 This statement is intended as a general guide for the policy to be followed by the City
Council in considering applications for taxable/tax-exempt financing. It is not binding on
the Council and may be modified by the Council in the case of any projects in which, in
the sole discretion of the Council, such modification is deemed necessary or appropriate in
the interest of the City.
7.02 The City staff shall have the option of amending or waiving sections of this policy when
determined necessary or appropriate and when such changes do not affect the overall
impact of this policy.
Established 11/19/91
Revised 12/3/2002
Revised 4/15/2003
City of Hopkins
Legislative Policy Manual -- Chapter 7-E 1
POLICY 7-E
BUSINESS SUBSIDY CRITERIA
1. PURPOSE
1.01 The purpose of these criteria is to establish the City/HRA’s position as relates to the use of
business subsidies, as defined in Minnesota Statutes 116J.993, Subdivision 3, for private
development. These criteria shall be used as a guide in processing and reviewing
applications requesting business subsidies.
1.02 The City/HRA shall have the option of amending or waiving sections of these criteria
when determined necessary or appropriate. Amendments to the criteria are subject to
public hearing requirements pursuant to Minnesota Statutes, Section 116J.993 through
116J.995. No public hearing shall be required to waive any provision of these criteria.
1.03 Existing City/HRA programs that provide business subsidies are hereby revised to reflect
the following Business Subsidy Criteria as deemed necessary and appropriate.
2. STATUTORY LIMITATIONS
2.01 In accordance with the Business Subsidy Criteria, business subsidy requests must comply
with applicable State Statutes. The City of Hopkins/HRA’s ability to grant business
subsidies is governed by the limitations established in Minnesota Statutes 116J.993
through 116J.995.
3. PUBLIC POLICY REQUIREMENT
3.01 All business subsidies must meet a public purpose other than increasing the tax base. Job
retention may be used as a public purpose only in cases where job loss is imminent and
demonstrable.
4. BUSINESS SUBSIDY CRITERIA
4.01 Meet all goals, criteria, or guidelines for the specific business subsidy program for which
application is being considered.
5. BUSINESS SUBSIDY CRITERIA--JOBS
5.01 Recipients of business subsidies in instances where creation of jobs is the sole or primary
public purpose will be encouraged to create the highest number of jobs at the highest
feasible wage. However, the establishment of wage and job goals will take into account
prevailing wage rates, local economic conditions, the individual financial resources of the
recipient and wages paid by the recipient’s competitors.
Legislative Policy Manual -- Chapter 7-E 2
6. SUBSIDY AGREEMENT
6.01 A recipient must enter into a subsidy agreement with the City/HRA, which includes but is
not limited to the following:
• Description of the subsidy
• Statement of public purpose
• Goals for the Subsidy
• Description of the financial obligation of the recipient if the goals are not met
• Statement of the reason the subsidy is needed
• Commitment to continue operations at the site where the subsidy is used for at least
five years after the receipt of all financial assistance
• Goals for jobs created, or where job loss is imminent, goals for jobs retained
• Reporting requirements to the City/HRA as detailed in MS116J.994, Subd. 7
7. EXCEPTIONS TO REQUIREMENTS
7.01 Recipients of business subsidies are not required to meet criteria for job creation or enter
into a subsidy agreement if the financial assistance is not a “business subsidy” as defined
in Minnesota Statutes Sec. 116J.993, Subd. 3.
8. PROCEDURES
1. Meet with appropriate City Staff to discuss the scope of the project, public
participation being requested, and other information as may be necessary.
2. Completion of Preliminary Tax Increment Financing Assistance Application form.
This form shall be submitted to the Director of Community Development.
3. The request shall be reviewed by City Staff on a preliminary basis as to the feasibility
of the project. The staff shall prepare a report on the project.
4. The application shall be placed on the City Council agenda for concept review. The
applicant may make a formal presentation of the project. The Staff will present its'
findings.
5. If the Council's Preliminary Concept Review is positive, the applicant may elect to file
a formal application accompanied by a non-refundable fee of $5,000 which shall only
be refunded at the time of signing a redevelopment contract should the project be
approved.
6. If Zoning and Planning Commission action is required, it will be necessary for the
applicant, at this time, to make application to the Commission for Concept Review.
7. Following the necessary financial analysis and preparation of detailed plans, the City
Legislative Policy Manual -- Chapter 7-E 3
Council and HRA, if necessary, shall take action on the project. If approved, the staff
will be directed to undertake the following steps:
- prepare a redevelopment agreement based upon the terms approved
- prepare a redevelopment plan and tax increment financing plan if required
At this time a deposit (cash or letter of credit) shall be required to defray costs involved
with these steps which shall also be refunded at the tine a redevelopment contract is
signed should the project be approved
8. If a redevelopment plan or zoning action is required, the Zoning and Planning
Commission, City Council and HRA shall take the appropriate action at the same time
that the redevelopment agreement is considered for approval.
Legislative Policy Manual -- Chapter 7-F 1
POLICY 7-E
NEIGHBORHOOD MEETING POLICY
SECTION 1: PURPOSE
1.1 It is the City's intent to expand and enhance the dissemination of information to the
residents of the City and to encourage involvement by residents in the planning process.
For these reasons, applicants for either new conditional use permits (excluding fences) or
rezoning requests that are located adjacent to or within any portion of a residential zoning
district shall facilitate and host a neighborhood meeting in accordance with this policy. The
City may also require a neighborhood meeting for other land use applicants, as determined
necessary and appropriate. The neighborhood meeting required under this policy is
separate and distinct from any public hearing that is required pursuant to state law.
SECTION 2: SCHEDULING
2.1 The applicant shall schedule the meeting to take place only after the City has accepted its
application and at least one week prior to the statutorily required public hearing on the
application. Meetings shall only be scheduled on Monday through Thursday evenings
after 6:30 p.m., although meetings shall not take place on any of the following dates: (1) on
a holiday, as that term is defined in Minnesota Statutes, Section 645.44; on October 31; on
the evening of a major political party caucus; or on the date of an election being held
within the City’s boundaries. The applicant shall host the meeting and present the proposed
project for questions and comments from those in attendance.
SECTION 3: NOTICE AND INVITATION
3.1 Notice of the meeting and an invitation thereto shall be mailed at least 10 days before the
meeting to those names and addresses listed on the public hearing notice list provided by
the City's Planning & Economic Development Department. The area of notification may
be modified by City staff based on the specific project, in the sole discretion of City staff.
3.2 The applicant shall make available to the public a complete description of the proposed
project necessitating the application, including copies of printed materials and maps, where
appropriate. The notice and invitation shall include the following:
(1) Date, time, and location of the meeting;
(2) Project location map; and
(3) Contact information for the applicant, including an email address and a telephone
number.
3.3 The applicant shall circulate a sign-in sheet at the meeting to be signed at the option of
those in attendance. The applicant shall also take minutes at the meeting. A copy of this
information shall be provided to City staff the day following the meeting.
3.4 The schedule of meeting dates for Planning & Zoning Commission, Park and Recreation
Commission, and City Council to consider the application, as applicable, should be
provided to those in attendance at the meeting, if those dates are known.
Legislative Policy Manual -- Chapter 7-F 2
3.5 A copy of the meeting invitation shall also be emailed to the members of the Planning &
Zoning Commission, the City Council, and the City Planner. A list of these individuals
and their email addresses shall be provided to the applicant by the City Planning &
Economic Development Department.
3.6 If the applicant desires to use a room in City Hall for the meeting, this needs to be
coordinated with the City Clerk, or its designee.
SECTION 4: STAFF DISCRETION TO DEVIATE
4.1 The City recognizes that not all land use applications or circumstances are similar in nature
and certain situations might warrant deviating from the express requirements contained
herein for reasons that cannot necessarily be predicted or contemplated within a rigid set of
policy provisions. To that end, the City Manager, or its designee, shall have the discretion
to authorize a land use applicant to deviate from any of the express requirements contained
in this policy if s/he determines that such deviation is reasonable under the circumstances.
This paragraph shall not be interpreted to act as a mechanism through which an applicant
may request or apply for deviations, but rather is only intended to provide City staff with
the flexibility to initiate a deviation if and when it deems it appropriate to do so.
Adopted: 11/3/1999
Resolution 99-104
Amended: 05/05/2020
Resolution 2020-024
Legislative Policy Manual -- Chapter 7-F 3
POLICY 7-G
FAIR HOUSING POLICY
1. PURPOSE
1.01 Title VIII of the Civil Rights Act establishes federal policy for providing fair housing
throughout the United States. The intent of Title VIII is to assure equal housing
opportunities for all citizens. Furthermore, the City of Hopkins, as a recipient of federal
community development funds under Title I of the Housing and Community Development
Act of 1974, is obligated to certify that it will affirmatively further fair housing.
2. FAIR HOUSING POLICY STATEMENT
2.01 It is the policy and commitment of the City of Hopkins to ensure that fair and equal
housing opportunities are available to all persons in all housing opportunities and
development activities funded by the city regardless of race, color, religion, gender, sexual
orientation, marital status, status with regard to public assistances, familial status, national
origin, or disability. This shall be done through external policies that provide meaningful
access to all constituents as well as fair housing information and referral services; and
through internal practices and procedures that promote fair housing.
3. EXTERNAL PRACTICES
3.01 The City of Hopkins will provide meaningful access to fair housing information through
the following methods:
1. Online Information: The City will display information about fair housing prominently
on its website. The website will provide links to various fair housing resources,
including the Department of Housing and Urban Development, Minnesota Department
of Human Rights, HOME Line Minnesota, and Mid-Minnesota Legal Aid, as well as
links to state and federal fair housing complaint forms.
2. In-Person Information: The City will provide fair housing information and resources to
anyone requesting such information at the city offices.
3. Languages: The City is committed to providing information in the native language of
its residents. The City will provide the fair housing information in Spanish and Somali,
and for other languages, the City will connect individuals with appropriate translation
services, if requested.
4. INTERNAL PRACTICES
4.01 The City of Hopkins commits to the following steps to promote awareness and sensitivity
to fair housing issues in all of its government functions:
1. Staff Training – The City will train its staff and officials on fair housing considerations
as training opportunities become available.
2. Housing Analysis - The City will review its housing periodically to examine the
affordability of both rental and owner-occupied housing to inform future City actions.
3. Code Analysis - The City will review its municipal code periodically, with specific
focus on ordinances related to zoning, building, and occupancy standards, to identify
any potential for disparate impact or treatment.
Legislative Policy Manual -- Chapter 7-F 4
4. Project Planning and Analysis - City planning functions and development review will
consider housing issues, including whether potential projects may perpetuate
segregation or lead to displacement of protected classes.
5. Community Engagement - The City is committed to ongoing community engagement.
Conversations regarding fair housing, development, zoning, and other land use
planning decisions may be facilitated by the City.
6. Affirmatively Furthering Fair Housing - As a recipient of federal funds, the City agrees
to participate in the Regional Analysis of Impediments, as organized by the regional
Fair Housing Implementation Council. The City will consider the recommendations
from the analysis for potential integration into city planning documents, including the
comprehensive plan and other related documents.
Adopted: 02/19/2019
Resolution 2019-011
Legislative Policy Manual -- Chapter 7-F 5
POLICY 7-H
INCLUSIONARY HOUSING POLICY
1. PURPOSE
1.01 The purpose of this Inclusionary Housing Policy (Policy) is to meet the City of Hopkins’
(City) goal of preserving and promoting economically-diverse housing options in our
community by creating high quality housing for households of various income levels, ages,
and sizes.
2. INCLUSIONARY HOUSING POLICY STATEMENT
2.01 The City recognizes that developing and maintaining a healthy mix of affordable housing
options fosters a diverse and resilient community by bringing workers and residents closer
to their jobs, schools, and necessary services. Providing a range of housing affordability
allows people across income levels to benefit from the opportunities of living in Hopkins.
The City is adopting this Policy to encourage development of housing units that are
affordable to low and moderate income households. The requirements set forth in this
Policy further the housing goals stated in the City’s 2040 Comprehensive Plan, Cultivate
Hopkins, to:
• Maintain an inventory of housing that is affordable to low and moderate income
households.
• Maintain neighborhoods with a choice of quality housing options, including those
meeting the needs of a variety of household types and life stages.
These requirements are intended to provide a structure for participation by both the public
and private sectors in the production of affordable housing.
3. DEFINITIONS
3.01 Affordable Dwelling Unit: A dwelling unit within a residential project subject to
this Policy that meets the applicable affordability standards in Table 1.
3.02 Financial Assistance: Funds derived from the City or HRA, including but is not
limited to funds from the following sources:
1. The City of Hopkins
2. Community Development Block Grant (CDBG)
3. Tax Increment Financing (TIF) & Tax Abatement
4. Housing and Redevelopment Authority (HRA) Funds
5. Land Write-downs
6. Other Government Housing Development Sources
4. APPLICABILITY AND MINIMUM PROJECT SIZE
4.01 This Policy applies to any new or existing residential project that meets one or more of the
following criteria:
Legislative Policy Manual -- Chapter 7-F 6
1. A market-rate residential rental project that adds or creates twenty (20) or more
residential units and that receives:
• Discretionary land use approvals including a comprehensive plan amendment,
zoning code text or map amendment or approval pursuant to a planned unit
development (PUD); or
• Financial assistance from the City or Housing and Redevelopment Authority
(HRA)
2. Any residential development for which the developer voluntarily chooses to
provide affordable dwelling units pursuant to this Policy.
5. AFFORDABLE DWELLING UNITS
5.01 General Requirement. A development that is subject to this Policy must include affordable
dwelling units. The minimum number of affordable dwelling units required will be
determined based on the affordability standard chosen by the developer according to the
following criteria:
Table 1
Options
(choose one)
Minimum Number of affordable
units required
Minimum affordability standard
1
At least 5% of total project units Affordable for households at 50%
Area Median Income (AMI)
2 At least 10% of total project units Affordable for households at 60%
AMI
5.02 Calculation of Units Required: The number of affordable dwelling units required will be
based on the total number of dwelling units approved by the City. If an occupied property
with existing dwelling units is expanded by at least 20 units, the number of required
affordable dwelling units will be based on the total number of units following completion
of expansion.
5.03 Calculation of Rent: The maximum monthly rental price for affordable dwelling units will
be based on the applicable AMI for the metropolitan area that includes Hopkins, adjusted
for bedroom size, as calculated by the U.S. Department of Housing and Urban
Development and published annually by the Minnesota Housing Finance Agency.
5.04 Tenant Income: Affordable dwelling units shall be rented only to income-eligible
households during the period of affordability. For purposes of this Policy, Area
Median Income means the Area Median Income calculated annually by the Minnesota
Housing Finance Agency for establishing rent limits for the Housing Tax Credit
Program.
5.05 Period of Affordability: All affordable dwelling units must remain affordable for at least
twenty five (25) years.
5.06 Location of Affordable Dwelling Units: All affordable dwelling units must be located
within the development that is seeking City approvals and must be reasonably spread
among market-rate dwelling units throughout the property. The affordable dwelling units
Legislative Policy Manual -- Chapter 7-F 7
may “float” within the property provided that the minimum number of units per bedroom
size is maintained and the units are reasonably spread throughout the property. If the
developer is proposing the units to float, a detailed management plan is required to track
the affordable units and assure the minimum number and type of affordable units are met
at any given time during the period of affordability.
6. STANDARDS FOR AFFORDABLE DWELLING UNITS
6.01 Size and Design: The size and design of the affordable dwelling units must at all times be
consistent with and comparable to market rate units in the same development and must be
approved by the City.
6.02 Exterior/Interior Appearance of Affordable Dwelling Units: The exterior and interior
materials and design of affordable dwelling units must be the same in style and quality as
comparable market-rate units in the same development.
7. INTEGRATION OF AFFORDABLE DWELLING UNITS
7.01 Distribution of Affordable Housing Unit: Affordable dwelling units shall be
incorporated into the overall project and shall not be separated from market rate units.
8. NON-DISCRIMINATION BASED ON RENT SUBSIDIES
8.01 The owner or operator of the residential project must not decline to rent to, or otherwise
discriminate against, potential tenants of affordable dwelling units who would pay their
rent with federal, state, or local public assistance, or tenant-based federal, state, or local
subsidies, including, but not limited to rental assistance, rent supplements, and housing
choice vouchers.
9. DEVELOPMENT AGREEMENT, CONDITIONS AND
RESTRICTIONS
9.01 The requirements of this Policy will be incorporated into a Development Agreement or
other agreement between the City and the developer as applicable to their specific project.
The agreement must be recorded against the property. The agreement shall include the
following:
A. the location, number, type, and size of affordable housing units to be constructed;
B. sales and/or rental terms of the units;
C. occupancy requirements of the units;
D. a timetable for completion of the units;
E. any restrictions to be placed on the units to ensure their affordability; and
F. any additional terms the City may require, including any third party monitoring and
reporting requirements.
9.02 The applicant shall execute any and all documents deemed necessary by the City, including
but without limitation, restrictive covenants and other related instruments as required to
ensure the affordability of the Affordable Dwelling Units in accordance with this Policy.
The applicant shall prepare and record all documents, restrictions, easements, covenants,
Legislative Policy Manual -- Chapter 7-F 8
and/or agreements that are specified by the City as conditions of approval of the
application prior to issuance of a Building Permit for any development subject to this
Policy.
10. EXEMPTIONS
10.01 The City acknowledges that not every development is alike and that, in some
circumstances, it may prove difficult for a developer to meet the standards set forth in this
Policy. In cases where a developer can demonstrate, in the sole judgment of the City
Council, that the requirements represent an undue burden to their project, the City Council
may grant a full or partial exemption from this Policy or may otherwise alter the
requirements of this Policy.
Adopted: 05/16/2023
Resolution 2023-018
Legislative Policy Manual -- Chapter 7-F 9
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POLICY 7-I
HOUSING IMPROVEMENT AREA POLICY
1. PURPOSE
1.01 The purpose of this policy is to establish the City’s position as it relates to the use
of Housing Improvement Area (HIA) financing for private housing improvements.
This policy shall be used as a guide in processing and reviewing applications
requesting HIA financing. Requests for the establishment of HIAs shall be
reviewed in accordance with state law and this policy.
1.02 The City shall have the option of amending or waiving sections of this policy
when determined necessary or appropriate.
2. AUTHORITY
2.01 The City of Hopkins has the authority to establish HIAs under Minnesota Statutes,
Section 428A.11 to 428.21, as amended. Such authority expires June 30, 2028,
unless extended by the legislature.
2.02 Within an HIA, the City has the authority to:
a) Make housing improvements
b) Levy fees and assessments, including interest
c) Issue bonds or use other funds to pay for housing improvements
2.03 The City Council has the authority to review each HIA petition, which includes
scope of improvements, association’s finances, long term financial plan, and
membership support.
3. ELIGIBLE USES OF HIA FINANCING
3.01 As a matter of adopted policy, the City of Hopkins will consider using HIA
financing to assist private property association members only when the proposed
privately owned housing improvement project will address one or more of the
following goals:
a) To promote neighborhood stabilization and revitalization, removing blight
and/or upgrading the existing housing stock in a neighborhood.
b) To correct housing or building code violations and address health and safety
violations as identified by the City Building Official and code enforcement
staff.
c) To maintain or obtain Federal Housing Authority (FHA) mortgage eligibility
for a particular condominium or townhome association home within the
designated HIA.
d) To increase or prevent the loss of the tax base of the City to ensure the City has
a long-term ability to provide adequate services for its residents.
e) To preserve or increase valuation and provide for the long-term maintenance of
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the property.
f) To preserve naturally occurring affordable housing.
g) To stabilize or increase the owner-occupancy level within a neighborhood or
association.
h) To meet other goals of stated public policy, as adopted by the City of Hopkins
from time to time, including promotion of quality urban design, quality
architectural design, energy conservation, decreasing the capital and operating
costs of local government, and other related policy goals.
4. HIA APPROVAL CRITERIA
4.01 In order to be eligible for HIA financing through the City, the association must
submit a housing improvement project application along with all required fees as
set by the Council and must follow the HIA review process set forth in this Policy.
All HIA loans financed through the City of Hopkins must meet the following
minimum approval criteria. A proposed housing improvement project that meets
these criteria is not automatically approved. Meeting these criteria creates no
contractual rights on the part of the City or any association.
4.02 The project must be in accordance with the Comprehensive Plan and Zoning
Ordinances, or required changes to the Plan and Ordinances must be under active
consideration by the City at the time of approval.
4.03 The HIA financing shall be provided within applicable state legislative
restrictions, debt limit guidelines, and other City financial requirements and
policies.
4.04 The project must meet one or more of the above adopted HIA Goals of the City of
Hopkins as noted in Section 4.
4.05 The association shall designate an administrator to be the City’s point of contact
throughout the process for HIA financing.
4.06 The term of the HIA should be the shortest term possible while still making the
annual fee affordable to the association members. The term of the bonds or other
debt incurred for the HIA should mature in 20 years or less. The City has the sole
discretion to determine the source(s) of financing, and sources other than issuing
bonds may be used.
4.07 Service charges, including, but not limited to, construction/housing improvement
project costs, cost of issuance of bonds and other pertinent costs association with
the proposed housing improvement project, will be imposed on the association
members in the same ratio as common elements or other such uniform method as
proposed by the applicant.
4.08 The association applying for the HIA must provide adequate financial guarantees
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to ensure the repayment of the Housing Improvement Area financing and the
performance of the administrative requirements of the development agreement.
Financial guarantees may include, but are not limited to, the pledge of the
association's assets including reserves, operating funds and/or property.
4.09 All taxes, fees, assessments, and charges for shared or common areas must be
current.
4.10 The proposed housing improvement project, including the use of HIA financing,
must be supported, in writing, by at least seventy-five percent (75%) of the
association members. The association must include the results of a vote by a
minimum of 75% of association members with its HIA application along with the
petitions to create the area.
4.11 The minimum housing improvement project cost for the issuance of bonds is
$750,000.
4.12 The association must have a replacement reserve study (the “Reserve Study”)
prepared by an independent third party, with designation as a Community
Associations Institute (CAI) certified reserve specialist. The Reserve Study must
conform to CAI Reserve Study standards and Minnesota Statutes 515B.3-114
through 515B.3-1141. The components of the Reserve Study must include a thirty‐
year replacement reserve plan (the “Reserve Plan”), and the Reserve Study and
Reserve Plan must be submitted with the proposed housing improvement project
application and will be reviewed by the City’s financial advisor. The association
must also have an independent third party prepare a thirty‐year reserve plan (the
“HIA Reserve Plan”) with the components of the proposed project for housing
improvements removed from the Reserve Plan. The independent third party must
also prepare a thirty‐year financial plan (the “Financial Plan”) that reflects the
annual replacement reserve contributions based on the HIA Reserve Plan. The
Financial Plan will provide a plan for the association’s operating budget with cost
increases over time to finance maintenance and operation of the common elements
within the association and a long-range plan to conduct and finance capital
improvements therein, that does not rely upon the subsequent use of the HIA tool.
The HIA Reserve Plan and the Financial Plan must be submitted with the proposed
housing improvement project application and will be reviewed by the City’s
financial advisor.
4.13 HIA financial assistance is last resort financing and will not be provided to
proposed housing improvement projects that have the financial stability to proceed
without the benefit of HIA financing. Evidence that the association has sought
other financing for the project must be provided at the time of application and
should include an explanation and verification that an assessment is not feasible,
along with rejection letters from at least two private lenders or other evidence
indicating a lack of financing options.
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4.14 The average market value of units in the association should not exceed 80% of the
Area Median Income as set by the U.S. Department of Housing and Urban
Development.
4.15 The association shall obtain temporary construction financing from a private
lender, and the City shall provide a take-out commitment to the lender, detailing
the terms of payoff of the construction financing. Upon project approval and
issuance of a certificate of completion, the City will issue bonds or notes to satisfy
the temporary construction loan.
4.16 The association must enter into a development agreement, prepared by the City,
which may include, but is not limited to, the following terms:
a) Establishment of a reserve fund
b) Staffing requirements
c) Annual reporting and financial auditing requirements, including regular updates to
the financial plan not less than once every five years
d) Conditions of disbursement
e) Limitations on prepayment of fees, if any
f) Required dues increases
g) Notification to all new owners of levied fees, including to individuals that purchase
property after the initial project
h) Requirement of multiple bids for proposed housing improvement project
construction
i) Assessments, including interest and City fees
4.17 The improvements financed through the HIA should be exterior improvements
and, in the case of a homeowner's association, the improvements should be
restricted to Limited Common Elements defined within the association’s
governing documents. The improvements must be of a permanent nature. The
association must have a third party conduct a facility needs assessment to
determine and prioritize the scope of improvements.
4.18 HIA financing should not be provided to projects that are not in the public interest,
as determined by the Council, including: poor project quality; projects that do not
comply with the Comprehensive Plan, zoning, or redevelopment plans, and City
policies; projects that provide no significant improvement to the neighborhood
and/or the City; and projects that do not provide a significant increase in the tax
base and/or prevent the loss of tax base.
4.19 The financial structure of the project must receive a favorable review by the City's
Finance Director and Financial Advisor. Legal components will be reviewed by
the City’s legal counsel. If applicable, the review will include an analysis of
performance and level of outstanding debt related to any previously approved
HIAs.
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4.20 If bonds are to be issued, legal components will be reviewed by the City bond
counsel.
4.21 All rental units within the HIA must be licensed according to City ordinance.
4.22 The City will charge an administrative fee of 1% of the total project amount or
$7,500, whichever is greater. The Association is responsible for all City out of
pocket expenses. This amount can be financed with the project costs. Any unused
portion of the escrow shall be refundable to the Association.
4.23 The City reserves the right to deny funding for specific improvements if they are
determined to not be in keeping with the intent of the policy.
Established: 9/18/2024