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2025-024 Resolution Amending Legislative Policy ManualCITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2025-024 RESOLUTION AMENDING LEGISLATIVE POLICY MANUAL 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 various changes related to City Council meetings. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby adopts the revisions to the Legislative Policy Manual Chapters 5, 6 and 7 Adopted by the City Council of the City of Hopkins on this 15'h day_-of,Aprit.2025. By - Patrick Hanlon, Mayor AT ST: L&A Amy Domeier, City Clerk POLICY 5-I SIDEWALK CAFE POLICY 1. PURPOSE AND GOALS 1.01 Outdoor cafe seating for businesses provides multiple benefits to the City. The Goals of the Sidewalk Caf6 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 Caf6 must obtain_a Sidewalk Caf6 Permit. To qualify for a Sidewalk Caf6, the business shall not have private opportunities for outdoor seating in the front of building or street side. 2.02 Applications for the Sidewalk Cafe 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 Caf6 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 cafe, 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 cafe. 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 7rh Avenue and 43P' Avenue Shady Oak Road. Business must either front Mainstreet or front a right of way located within half block from Mainstreet. To qualify for a Sidewalk Cafe, 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 Cafe 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 cafe 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 Cafe 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 cafe 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''/2 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 Cafe shall be moveable, washable, constructed of metal or composite or other high quality material, and maintained in a safe and sanitary condition. • The Sidewalk Caf6 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 Caf6 area. • The Sidewalk Caf6 area must be included in the required liquor liability insurance for the premises. • Hours of operation of the Sidewalk Caf6 shall be limited to between 10:00 am and 11:00 pm. • Permitee shall not allow smoking within the Sidewalk Caf6 area. • Alcoholic beverages may only be brought into the Sidewalk Caf6 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 Cafe 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 Caf6 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 Revised: 4/ 15/2025 City of Hopkins POLICY 54 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. 5.03 Mobile food units may locate on nrivate nronerty abuttine the Artery (8t' Avenue) on a permanent basis. Said Mobile Food Units locatingon ro zty abutting the Artery are exempt from Section 10.01 and Section 10.17 of this policy but must meet all other applicable requirements. Additionally, power sunnly to the mobile food unit must be from a nrivate connection, and generators are prohibited. 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/n�4/15/20 5 City of Hopkins LEGISLATIVE POLICY 6-F PUBLIC PURPOSE EXPENDITURES 1. PURPOSE 1.01 Every City of Hopkins expenditure must be valid based upon the public purpose for which it is purchased and the specific or implied authority for the expenditure found in the City Charter and state statutes. 1.02 The following items are deemed to meet the Council definition of public purpose expenditures, i.e. an expenditure authorized by law which is reasonably necessary and convenient in accomplishing the functions of the City. 2. MEALS AND REFRESHMENTS. 2.01 The City Council recognizes that situations in which City business needs to be discussed can and do occur during meal hours (e.g. luncheon meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may add to the success of the meeting and/or event and create a more productive work force. The following items are deemed to meet the Council definition of public purpose expenditures in regard to food and meals. U. At C#d vnZ. �nnos thathave oumase e f discussing t. CJaY issues.and these G b:a. When they are part of a breakfast/lunch/dinner meeting for official city business when it is the only practical time to meet and when it involves non -city employee participants (i.e. business developers or business representatives). Only the expenses incurred by city employee(s) may be reimbursed. The City Manager may allow exceptions when deemed in the interest of the City. e:b.During non -routine, official meetings and special events of the City Council, Commissions_, e Committees taskforces or bodies similar in nature. when the fnee r . does iiet allow intervaptions for- meal bFeaks or- must be held ever t-ypieal meal per-i d c. When they are part of the structured agenda for a conference, workshop, seminar, or meeting in which the City Manager or a department director has authorized the employee to attend (this does not include routine staff meetings). e-A.For department -sponsored meetings, conferences or workshops where the majority of invited participants are not city employees. €e. At department -sponsored events where registration fees are charged and the majority of invited participants are not city employees. gf. At meetings consisting primarily of city employees when the refreshment and/or meals are an integral part of the event and are necessary to sustain the flow of the meeting and to retain the captive audience, and if the meeting is one of the following: i. A department division or city-wide annual/quarterly staff meeting for all employees; ii. A non -routine staff or organizational meeting; iii. To welcome new employee(s). Legislative Policy Manual -- Chapter 6-F iv. Planned employee engagement and structured training sessions approved by Department Directors. v. When a meeting is scheduled to last 4 hours or more or must be held over a meal period and does not allow interruptions for a break. , beafds/eem * * d task fones, when they afe ef a non fetaine basis or- Wh speeial events are held (i.e. as retirements er- rveeofiefi). i-.g_Snacks and a dinner meal to be allowed for staff during performance of election related duties on Election Day. j-. Lunch for all members of interview panels for candidate interviews held over a meal period. k-.i_Department or City Leadership Staff Meetings and yearly staff retreat- food costs for meals and occasionally lodging if held out of area. hLEmergency Response Team -food and beverage during training once a month. Emergency personnel related trainings or emergencies where its is required to perform for extended periods of times where refreshments are important to duty performance, firefighters, police officers and other emergency response personnel may be provided refreshments or food when it is deemed appropriate by the City Manager or Department Director to assure the delivery of quality emergency response service. 3. COMMUNITY RECOGNITION EVENTS/PURCHASES. 3.01 Community Image Awards (Plaque and gift certificate) - As part of its ongoing efforts and redevelopment, the City has undertaken a program to recognize residents and businesses that make significant improvements to their properties. These property owners are awarded a plaque and a gift certificate. 3.02 The purchase of small nominal gift cards or prizes for the purpose of encouraging public engagement and/or incentivize participation, or as a gratitude or hospitality. The City Manager or their designee shall determine these gifts and amount. 4. EMPLOYEE RECOGNITION EVENTS/PURCHASES. 4.01 The City of Hopkins City Council recognizes the hard work and service performed by the employees of the City through a formal Employee Recognition Program. The City Council believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the residents of the community. 4.02 The Employee Recognition Program is considered "additional compensation" for work performed by employees but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. Legislative Policy Manual -- Chapter 6-F 2 a. As refreshments for recognition or special one-time or once -per -year events when provided at modest level with prior City Manager approval, such as: 1) Annual Employee Picnic 2) Aa-mual u liday n„-ty 3)'LAnnual Employee Recognition Celebration 4431—Police Department Recognition dinner. Includes meals for all HPD employees and a guest, City Manager or designee, Mayor and City Council. b. Annual Employee Recognition Awards Yeaars of service awards for regular full and part-time employees are recognized at 5-year intervals and are awarded at the Annual Recognition Event. Recognition gift purchases must be at a nominal cost not to exceed $2250.00 depending on the number of years an employee has been with the City. iL 5. VOLUNTEER RECOGNITION EVENTS a. City Board and Commission Recognition - Expenditures include food and simple gifts. b. Police Reserve Dinner includes meals for reserve and a guest, coordinators, City Manager or designee, Mayor and Council. Associated costs for awards that are presented. 6. SPECIAL EVENTS a. Such as Raspberry Festival, National Night Out, and other events that involve or invite participation by the general public. b. Expenditures for meals and participation fees are allowed, and representative staff members may participate in events that directly benefit the marketing of the City. Such expenditures will be approved by the Hopkins Redevelopment Authority as Public Relations Expenditures pursuant to Minnesota Statute 469.101, Subd. 16. 7. TRAIININGAND SEMINARS 7.01 Expenditures are allowed for reasonable registration, tuition and travel expenses for conferences, seminars, workshops, tuition and approved City employment -related course work in accordance with City of Hopkins Personnel Policy. 7.02 Expenditures are allowed for reasonable registration and travel expenses for City Council conferences, seminars, and workshops, in accordance with City Legislative and Personnel Policies. 8. EMPLOYEE WELLNESS PROGRAM 8.01 The City Council recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the overall impact on the City's health insurance program. As such, the City Council supports the Employee Engagement and Wellness Program, which has been designed to educate employees on fitness/health, engagement and wellness. Legislative Policy Manual -- Chapter 6-F 3 8.02 The cost of the Employee Engagement & Wellness will be included as a separate line item in the City Budget approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. 9. MEMBERSHIPS AND DUES 9.01 The City Council has determined that the City will fund memberships and dues in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve or develop the City's relationships, resources and advantages and not for personal interest or gain. 9.02 The cost of memberships/dues is included in the departments' memberships/dues line -item in the Hopkins Budget. These line items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. 10. CLOTHING AND OTHER ITEMS 10.01 Employees may receive T-shirts, and other sundry items of nominal value ($5.00) when these items are made available to the general public or if these items are determined by the City Manager to be important to the successful involvement of employees in special city - sponsored or city -supported events (i.e. National Night Out, Raspberry Festival, etc.). Employees may be supplied with unifeFms, elething, beets and ether- gear- neeessar-y fe 10.02 Employees may be supplied with uniform, clothing, boot and other gear necessary for their job. IL ALCOHOLIC BEVERAGES 11.01 The purchase of alcoholic beverages is not allowed. 12. EDUCATION REIMBURSEMENT 12.01 The Personnel Policy contains guidelines for an education reimbursement program. Job related advanced education meets the public purpose guidelines of this policy. The amount available for this program shall be considered annually. Established 12/3/2002 Revised 1 /2/2024 Revised 4/1/2025 City of Hopkins Legislative Policy Manual -- Chapter 6-F 4 POLICY 7-I PUBLIC ART POLICY 1. PURPOSE AND VALUE OF PUBLIC ART 1.01 The City of Hopkins recognizes the value that the arts play in a vibrant community and supports public art programs and activities that meet the following objectives: • To provide meaningful aesthetic and cultural experiences for Hopkins residents, business owners and employees, and visitors, adding to the vibrancy of the community • To attract new residents and new visitors, including but not limited to cultural tourists • To showcase and/or collect artwork that demonstrates the creativity and innovation practiced in the arts, stimulates discussion and exchange of ideas, honors the history and heritage of Hopkins, and/or reflects the character and diversity of Hopkins 2. PURPOSE OF THIS POLICY 2.01 The objectives of this policy are to: • Provide uniform procedures for the review and acceptance of gifts and loans of works of art for the City of Hopkins • Provide policies and procedures relating to the commissioning of artwork, purchase of artwork from ArtStreet or other instances of the City of Hopkins initiating the acquisition of works of art • Maintain high artistic standards in works of art displayed in public areas of the City of Hopkins • Advise the appropriate staff with the responsibilities to administer public art initiatives • Advise on the planning for the placement, maintenance, and funding of works of art on City property • Define guidelines for the retention and possible deaccession of public artworks • Facilitate appropriate recognition of artists and donors of works of art to the City of Hopkins • Direct the use of monetary donations including art dedication payments 3. DEFINITIONS 3.01 For the purposes of this policy, Public Art is defined as permanent, fixed, temporary, or portable artistic expressions. This may include elements integral to a public site or building indoors or outdoors; landscape elements designed as part of an architectural design; objects and amenities used in a public site that are designed by a professional artist such as but not limited to benches, lighting, tree surrounds, railings, architectural ornament, etc.; or original works of fine art by artists not associated with any building project. Examples of the latter include: sculpture (free-standing, wall -supported, suspended, kinetic, electronic, mechanical, etc.); murals; paintings; collage; earthworks; neon; glass; fiber; mosaics; clay; wood; photographs; prints; literary arts; calligraphy; film; holographic images; video; computer projections; drawings; or any hybrids/mixed media. Civic undertakings such as historical markers, memorials and monuments may fall under these guidelines if created by a professional artist. Time -based artworks such as musical performances, theater, dance created by a professional artist or team may also fall under these guidelines. For the purposes of these guidelines, the following shall be excluded from the definition of Work of Art: mass produced objects, fountains, playground constructions, landscape elements and park amenities that are of standard design and not designed by a professional artist. Also excluded from this policy are directional or functional elements such as signage, maps and graphics that are not designed by professional artists. 4. HOPKINS PUBLIC ART ADVISORY COMMITTEE 4.01 The City of Hopkins' public art program shall be advised by a Committee made up of representatives of the Planning, Public Works, and Hopkins Center for the Arts staff, community volunteers, business owners, and artists. The Committee shall be responsible for providing the community voice for the public art programs and projects undertaken by the City of Hopkins including planning, grant writing, communication, acquiring public art, and maintenance of such artworks. The Committee shall meet as needed to achieve the goals of the Public Art program as determined by the Hopkins City Council. 4.02 The Committee shall be composed of seven members comprised of: • Two practicing artists and/or art professionals (minimum) • Two Hopkins business owners and/or residents (minimum) • One staff representative each from Public Works, Economic Development, and Hopkins Art Center 4.03 Volunteers shall serve staggered three-year terms. A volunteer may serve up to three consecutive terms, excluding the staff representatives. Volunteers shall be appointed to the Committee by the City Council. Staff representatives from Economic Development and Hopkins Art Center shall serve as staff liaisons to the Committee. 4.04 The Committee may also assemble smaller ad -hoc subcommittees for specific public art projects. These subcommittees may include other stakeholders and non -committee members as appropriate. 4.05 Every committee member has a responsibility to act ethically in serving the City of Hopkins and its public art program. This includes but is not limited to: (1) obedience to the law, (2) loyalty to the program and faithfulness to its mission, (3) confidentiality, (4) respect for others, and (5) disclosure of potential conflicts of interest. 4.06 No Committee member will use their position, or the knowledge gained therefrom, in such a manner that a conflict between the interest of the Hopkins public art program or this Committee and their personal interests arises. If a Committee member has a significant financial or professional interest in a proposed transaction with the program, or has an active contract with the City, or is involved in any stage of negotiations for a City contract or is applying to show a work of art in the public art program, they must make full disclosure to the Committee of such interest. Any Committee member who is aware of a potential conflict of interest shall not participate in any discussion or vote related to the potential conflict of interest. 5. ACQUISITION OF ARTWORK P) 5.01 The City of Hopkins may acquire artwork through its own initiatives (ArtStreet, commissioning of work, etc.) or through the donation of artwork. Artwork purchased by the City of Hopkins should demonstrate community support including but not limited to being the result of a People's Choice or Children's Choice award for Hopkins ArtStreet, or commissioned artwork resulting from community input. The following sections detail the procedures and policies for the donation of artwork. 6. DONATION OF ARTWORK 6.01 Procedures for Making a Donation • Any person, group of people or organization may request the City to accept a donation of artwork. The potential Donor should review the Donor's Guidelines for Works of Art and sample application form on the City website and will be given to anyone interested in donating artwork to the City. Durability, longevity, and required maintenance will be primary metrics when considering donations. 6.02 Acceptance Process The purpose of this process is to ensure an equitable system for accepting or rejecting proposed donations of artwork, to ensure that a high level of artistry is consistently achieved, and to work with donors and artists to ensure that artwork meets maintenance standards and is placed appropriately. The process is: 1. A designated staff representative of the City meets with the potential donor to discuss the gift and review the Donor's Guidelines for Works of Art. Donor then completes the application form. 2. The application is referred to the Public Art Advisory Committee for review. The committee may choose to meet with the donor to clarify any issues. The Committee may also meet with business owners, neighborhood associations, or other interested parties as potential sites are considered. The Committee then makes a recommendation to the City Council as to whether or not they feel the donation should be accepted. This recommendation should include site placement and a maintenance plan as well as information on the work of art. 3. The City Council may accept the gift, deny the gift, or ask the Committee for further review. If an artwork is accepted, the City Council makes a resolution to accept the donation. If the donor holds a title to the work, that title should be conveyed to the City of Hopkins. If such a title does not exist, the donor should provide a signed letter clearly stating the work of art is their ownership and is being given to the City in perpetuity and that the donor relinquishes all control over the artwork. 4. The Committee and designated staff schedule the installation of the artwork, ensure the donor is recognized for the gift at the installation site, and send a letter of thanks to the donor on behalf of the City. The Committee is responsible for advising on the maintenance plan for the artwork, and if it should arise, determining if an artwork should be moved, repaired or deaccessioned. 6.03 Selection Criteria The assessment of artwork can be a rather subjective endeavor. The Committee should adhere 3 to the following basic criteria to make the process as fair as possible and to ensure a quality public art program: • High aesthetic level (evidence of the artist's mastery of the medium; impact on the viewer; contributes to a diverse and high -quality collection of artwork) • Appropriateness to the site (size, theme, historical or cultural significance, etc.) • Impact, positive or negative, on property use and on adjacent property owners • Practical maintenance burden (time, materials, cost) • Safety to passersby, children, the disabled, and the environment (including but not limited to projections, materials, noise, light, and odor) • Undue susceptibility to vandalism or theft • In no instance should the work depict subjects that are trademarked or commercially licensed • The donor has clear title/ownership of the work donated 7. COMMISSIONING OR PURCHASING OF ARTWORK 7.01 The most common way in which the City of Hopkins purchases artwork is through the project, ArtStreet. Each year, the Committee has the option, but not the obligation, of purchasing one or more pieces of art from the current round The Committee will decide if any pieces in the current round are deemed appropriate for purchase. Results ofthe People's Choice and Children's Choice voting shall be an important factor in making this determination. The basic criteria listed above shall also be employed. 7.02 The pricing of the artwork in relationship to the purchase fund is another key factor. If the Committee decides to purchase a piece, a Hopkins staff person will handle the transaction. In some cases, a third party may contribute to the purchase and will be recognized at the site of installation and sent an acknowledgement. 7.03 There may be an instance when the City of Hopkins wishes to commission an artwork for a specific site or purpose. In most such cases, a request for proposals or request for qualifications will be disseminated to public artists. These will be reviewed by the Committee and staff and shared with the City Council. 8. IDENTIFICATION OF ARTWORK 8.01 Unless a donor asks to remain anonymous, individuals or groups will be recognized for their donation of public art through a small plaque near the donated work. Likewise, unless the donor prefers to be anonymous, in all cases the artist of the work will be recognized on the plaque along with the year in which the artwork was completed and the medium. All design and text of this plaque must be approved by the Hopkins Public Art Advisory Committee. If an artwork is for sale, such as through the ArtStreet initiative, this will be communicated through a brochure, the City's website, and through QR codes on the piece if available. 9. INSTALLATION AND MAINTENANCE OF ARTWORK 9.01 The City of Hopkins is responsible for installing and maintaining all pedestals, concrete pads and securing mechanisms to be used for public art. The installation of the actual artwork shall be arranged on a case -by -case basis but in general it will be handled as follows. Any exceptions must be reviewed and approved by the Hopkins Public Art 4 Advisory Committee. 9.02 In the case where public artwork is coming directly from an artist, that artist and staff are responsible for overseeing the installation of the work by the City of Hopkins and holds all liability for loss or damage during transport and installation of the work. In the case of a short-term loan by an Artist (ex. ArtStreet), the artist is responsible for any repairs or maintenance required during the term of the loan. In addition, the artist is responsible for delivering the artwork properly prepared for installation per project guidelines or agreement (ex. steel mounting plate secured to artwork). 9.03 When public art is coming from a third -party donor, the donor is responsible for the transport of the artwork to its installation site and assumes all liability for loss or damage during transport. The City of Hopkins is responsible for installation of artwork and maintenance thereafter. 9.04 Artwork that does not conform to the specifications detailed in the program or project guidelines will not be installed unless otherwise approved by the Hopkins Public Works Department representative. At the discretion of the Hopkins Public Art Advisory Committee, plans for installations of art may be sent to the City's Inspection Department for a review of safety and security (i.e. very tall artwork). The Public Art Advisory Committee is responsible for advising on a maintenance plan and schedule for all public art in Hopkins and seeing that proper maintenance and repairs are carried out. 9.05 The City of Hopkins will maintain insurance on public art other than short-term loans or temporary works. It may arise that very costly artworks may require an insurance rider. This will be determined by the City Finance Director. 9.06 All public art that is owned by the City of Hopkins will be installed on public property. Temporary installations, such as through ArtStreet and the mural program, may occur on private property if agreed to in writing by the owner of the property on which the art is installed. 9.07 Ten percent of commissions collected from the sale of Hopkins ArtStreet work will be deposited in a Public Art maintenance fund. An art dedication payment is not a requirement associated with any City approval for a development project but shall be accepted as a donation to the City's Public Art Program. It is the responsibility of the donor to provide directions as to how the proceeds are to be used in accordance with all City policies. If there is not a public art project associated with the development for which the fee was donated, that fee will be applied to the Public Art Maintenance Fund, unless otherwise directed by the City Council. 10. RETENTION, RELOCATION, AND DEACCESSION OF ARTWORK 10.01 All artwork has a life span. The City of Hopkins is cognizant that a policy must be in a place to deal with artwork reaching the end of its life span or in which artwork has become irrelevant or no longer useful in serving the public art goals of the City. The City of Hopkins retains the right to relocate or permanently remove an artwork from public display for any reason, at the sole discretion of the City. The City may do so forreasons such as increased hazardto public health and safety, unsightly or deteriorated conditions of the artwork, the need to access and maintain public facilities, in the interest of improving the quality of the collection, etc. In general, if such donations do not apply, artwork will be retained in the public art collection so long as: • The artwork continues to be relevant and useful for the purposes and activities of the City, it is not redundant or a duplicate that no longer has value as part of the collection as a whole • An appropriate site for public display is available • A public safety problem is not created by the project and no adverse environmental effects are created • The authenticity, attribution or genuineness of the work is not determined to be false or fraudulent • Its condition remains good and represents no more than natural and proper aging of the work • The artwork withstands exposure to the natural elements and/or public use • The artwork can be properly and cost-effectively stored, maintained, preserved and/or used • The item is located in an area where jurisdiction will not be transferred to another entity or made inaccessible to the public 10.02 If an artwork is to be deaccessioned, the artist shall be contacted (if possible) and have the option of reacquiring title and possession of the artwork upon permanent removal by the City. 10.03 Donated items will be deaccessioned only at the direction of the City Council, which shall consider the recommendations of the Hopkins Public Art Advisory Committee, City staff, and public comment. The City will contact the donor and artist (if known) and will determine the method and manner of deaccessioning with preference given to public sale. Deaccessioned items may be disposed of by means of public sale; private sale; exchange for another work; gifting to a tax-exempt public institution; recycling or destruction. Destruction may be considered the viable alternative where the physical condition of the work is severely deteriorated or will be irreparably damaged by deinstallation. Established 4/15/2025 6