VII.2. First Reading Ordinance Adopting the Recodification of the Hopkins City Code; Domeier
January 7, 2020 Council Report 2020-004
ORDINANCE ADOPTING THE
RECODIFICATION OF THE HOPKINS CITY CODE
Proposed Action
Staff recommends adoption of the following motion: Move to adopt for first reading Ordinance 2020-
1145 An Ordinance Adopting the Recodification of the Hopkins City Code.
Overview
Staff worked with MCC (Municode) to update the City Code to verify statute references, delete
obsolete language, and include language for current City practices. Various departments and staff were
tasked with reviewing each chapter and making recommendations as to the final chapter content for the
new code. The majority of the changes are not substantive in nature, such as implementing new
procedures, but rather updating titles of staff, formatting changes, and adopting various chapters of
State Statutes to avoid updating the City Code when State Statutes are amended. The proposed city
code can be found at http://www.hopkinsmn.com/citycode or in paper form at City Hall.
Once the Ordinance is adopted, the new code will be posted online. As new ordinances are adopted,
they will be sent to Municode codification and inclusion into the City Code. Each ordinance will be
examined to determine whether and where the ordinance should be placed in the code, and which
notes, cross-references or tables should be updated with each supplement. This will ensure our code is
always current, grammatically correct and free of errors. Municode provides online hosting with the
option to view the code in 99 different languages.
The draft ordinance has been reviewed by the City Attorney.
Supporting Documents
Proposed Ordinance 2019-1145
Amy Domeier, City Clerk
Financial Impact: $____________Budgeted: Y/N ____ Source: ________________
Related Documents (CIP, ERP, etc.): _______________________________________
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2020-1145
AN ORDINANCE ADOPTING THE
RECODIFICATION OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
ARTICLE I. Authority. Minnesota Statutes, sections 415.02, 415.021, and 599.13 (collectively the
“Act”) and the Hopkins City Charter, section 3.03 authorize the City of Hopkins (the “City”) to adopt and
codify ordinances. The Act also provides that any ordinance included in a new city code, but not
previously published, is sufficiently published if a substantial quantity of the code is printed for general
distribution to the public.
ARTICLE II. Background. At the direction of the Hopkins City Council, City staff and consultants
undertook an extensive process to review and update the Hopkins City Code with the understanding that
once all the amendments were finalized, they would be incorporated into a new code book, which would
be reformatted and readopted as a single unified Hopkins City Code. The purpose of the recodification is
not to implement substantive revisions to local laws and policies, but rather to remove outdated and
unnecessary code language, reformat the code, update staff titles, and modernize the code to conform
to current City practices and state law, as necessary. The updated code has been prepared and it is the
intent of this Ordinance to adopt the recodification, which is entitled The Hopkins City Code (the
“Code”). No amendments to the City’s current zoning ordinance are incorporated into the Code. A
complete copy of the Code was presented to the City Council and the public together with this Ordinance
and is further on file with the City Clerk and available on the City’s website.
ARTICLE III. Adoption. Pursuant to the City’s authority contained in the Act and in the Hopkins City
Charter, the Code is hereby adopted.
ARTICLE IV. Copies. The City Clerk is authorized and directed to prepare sufficient copies of the
Code for use by the City Council and City staff and for general distribution to the public in accordance
with City policies regarding the distribution and availability of City documents. The City Clerk shall also
keep an official copy of the Code in the office of the City Clerk and ensure that a copy is available
through the City’s website.
ARTICLE V. Effect. The Code shall be controlling and shall supersede and replace previously adopted
ordinances pertaining to the same subjects contained within the Code, which are hereby repealed as of the
effective date of this Ordinance. Such repeal shall not affect: (i) any offense committed or penalty
incurred under the previous code; (ii) any rights vested prior to the effective date of this Ordinance; or
(iii) the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory,
establishing franchises, granting special rights to certain persons, authorizing public improvements,
authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or
personal property, granting or accepting easements, plat or dedication of land to public use; or vacating
or setting the boundaries of streets or other public places. Furthermore, nothing in this Ordinance or the
Code is to be construed to modify, abrogate or abridge: (i) the rights, duties, liabilities, privileges or
immunities of the City; (ii) the qualifications or terms of office of City officers as they existed prior to
adoption; or (iii) any special ordinance or franchise not embodied in the Code. The Code is declared to
be prima facie evidence of the law of the City and shall be received in evidence as provided by
Minnesota Statutes by the courts of the State of Minnesota.
ARTICLE VI. General Penalty. Unless another penalty is expressly provided in the Code, every
person convicted of a violation of any provision of the Code or any ordinance, rule or regulation
adopted or issued in pursuance thereof shall be punished by a fine up to the maximum permitted or
required by law. Each act of violation and each day upon which any such violation shall continue or
occur shall constitute a separate offense. The penalty provided herein, unless another penalty is
expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is
reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City Council
may pursue other remedies, including without limitation, abatement of nuisances, injunctive relief and
revocation of licenses or permits.
ARTICLE VII. Amendments. Additions or Amendments to the Code when passed in such form as to
indicate the intention of the City Council to make the same part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Hopkins City Code includes such additions and
amendments.
ARTICLE VIII. Corrections. Given the size of this project and numerous amendments made as part
of the Code, the City Council recognizes the Code may contain certain errors, such as cross-references
to changes subsections, typographical errors, and other non-substantive matters that may be discovered
once the Code is placed in use. The City Council hereby authorizes the City Clerk to work with the
City Attorney, as necessary, to make any non-substantive corrections to the Code as may be needed
upon discovery. Such corrected provisions shall be incorporated in and made part of the official
Hopkins City Code without further action by the City Council.
ARTICLE IX. Summary Publication. In accordance with Hopkins City Charter, section 3.03 and
Minnesota Statutes, section 412.191, the City Council determines that publication of the title and a
summary of this Ordinance would clearly inform the public of its intent and effect, and so City staff
shall have the following summary printed in the official City newspaper in lieu of the complete
ordinance:
On January 21, 2020, the Hopkins City Council adopted Ordinance 2020-1145 which adopted a
recodification of the City’s ordinances. City staff and consultants undertook an extensive
process to review and update the Hopkins City Code so that the City’s ordinances could be
incorporated into a new code book, which was reformatted as a single unified Hopkins City
Code. The purpose of the recodification was not to implement substantive revisions to local
laws and policies, but rather to remove outdated and unnecessary code language, reformat the
code, update staff titles, and modernize the code to conform to current City practices and state
law, as necessary. Prior to adoption, a complete copy of the new Hopkins City Code was
presented to the City Council and the public and was further on file with the City Clerk and made
available for viewing on the City’s website.
Printed copies of the new Hopkins City Code, as adopted by Ordinance 2020-1145, are
available for inspection and general distribution to the public during regular business hours at
Hopkins City Hall. It can also be viewed online through the City’s website,
www.hopkinsmn.com.
ARTICLE X. Effective Date. This Ordinance and the Code, as presented to the City Council and the
public and made available for inspection in accordance with law, shall be effective 30 days after
publication of a summary (the “Effective Date”). Ordinances adopted after the Effective Date that
amend or refer to the Code shall be construed as if they amend or refer to like provisions of said Code.
First Reading: January 7, 2020
Second Reading: January 21, 2020
Date of Publication: January 30, 2020
Date Ordinance Takes Effect: January 30, 2020
BY THE CITY COUNCIL
Jason Gadd, Mayor
ATTEST:
____________________________
Amy Domeier, City Clerk