VII.1. First Reading: Interim Ordinance Regarding Automobile Repair and Automobile Sales or Lease Uses; Elverum
April 17, 2018 City Council Report 2018-047
Interim Ordinance Regarding Automobile Repair and Automobile Sales or Lease Uses
Proposed Action: Staff recommends the following motion:
Move to adopt Resolution 2018-033, approving the first reading of Interim Ordinance 2018-
1131, regarding the regulation of Automobile Repair and Automobile Sales or Lease Uses.
Overview
Staff recommends approval of the first reading of the attached Interim Ordinance 2018-1131,
placing a moratorium of up to one year on Automobile Repair and Automobile Sales or Lease
Uses. The City Charter also requires a second reading of this ordinance before the City Council
which is scheduled for May 1st.
Enacting a moratorium should be thought of as pushing the pause button while the City studies
this issue and decides if any zoning changes are needed. If the City Council approves the
moratorium, any existing auto repair or sales use would be allowed to continue normal
operations. But existing uses could not expand and new uses could not be established for a
period of up to one year or the study and zoning changes are complete, whichever comes first.
This ordinance was drafted by the City Attorney in conformance with state law. Both staff and
the City Attorney find the interim ordinance would give City staff sufficient time to study these
uses, evaluate various options for regulation, and protect the planning process and the health,
safety and welfare of Hopkins citizens. Should the City Council approve this item, staff will
prepare a schedule to study this issue during the moratorium period and work to engage the
stakeholder businesses in that process.
Supporting Documents
• City Council Resolution 2018-033
• Interim Ordinance 2018-1131
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2018-033
A RESOLUTION APPROVING THE FIRST READING OF INTERIM ORDINANCE
2018-1131, REGARDING THE REGULATION OF AUTOMOBILE REPAIR AND
AUTOMOBILE SALES OR LEASE USES.
WHEREAS, the City of Hopkins initiated an application to consider an interim ordinance regarding
the regulation of Automobile Repair and Automobile Sales or Lease Uses;
WHEREAS, the procedural history of the application is as follows:
1. The application to consider an interim ordinance regarding the regulation of Automobile
Repair and Automobile Sales or Lease Uses was initiated by the City of Hopkins on April 10,
2018; and,
2. The City Council of the City of Hopkins held a first reading of this ordinance during the
April 17, 2018 City Council meeting; and,
3. The written comments and analysis of City staff were considered; and
4. The City Council of the City of Hopkins is scheduled to hold a second reading of this
ordinance during the May 1, 2018 City Council meeting; and,
WHEREAS, Subdivision 4 of Minnesota Statutes, Section 462.355, allows cities to adopt an interim
ordinance for the purpose of protecting the planning process and the health, safety and welfare of its
citizens; and,
WHEREAS, an interim ordinance may regulate, restrict or prohibit any use, development or
subdivision within the City for a period not to exceed one year from the effective date of the interim
ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby
approves the first reading of Interim Ordinance 2018-1131 regarding the regulation of Automobile
Repair and Automobile Sales or Lease Uses within the City of Hopkins pursuant to Minnesota
Statute 462.355, Subdivision 4.
Adopted by the City Council of the City of Hopkins this 17th day of April 2018.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2018-1131
AN INTERIM ORDINANCE REGARDING THE REGULATION OF AUTOMOBILE
REPAIR AND AUTOMOBILE SALES AND/OR LEASE USES WITHIN THE CITY OF
HOPKINS, ADOPTED PURSUANT TO MINN. STAT. § 462.355, SUBDIVISION 4
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS
FOLLOWS:
Section 1. Authority and Findings.
A. Minn. Stat. §462.355, subd. 4 provides that if a municipality is conducting studies or has
authorized a study to be conducted for the purpose of considering adoption or amendment
of a comprehensive plan or official control, the City Council may adopt an interim
ordinance for the purpose of protecting the planning process and the health, safety and
welfare of its citizens. An interim ordinance may regulate, restrict or prohibit any use,
development or subdivision within the City for a period not to exceed one year from its
effective date.
B. In an ongoing effort to eliminate inconsistencies in the City’s zoning regulations,
implement the City’s Comprehensive Plan and 2018 Goals and Strategic Plan, and help
mitigate the impact of automobile-related uses on adjacent properties and surrounding
neighborhoods, the City has recently undertaken the process of reviewing and amending
its zoning controls as they relate to automobile sales and/or lease uses and automobile
repair uses. Although a study regarding said uses has been ongoing, that study needs to
continue. The City Council believes that regulation of these uses deserves careful
consideration in light of information from City staff, residents, and surrounding businesses.
C. The City Council believes that the study should continue and that additional discussion is
necessary in order to evaluate various regulatory options available to the City, including
maintaining current regulations, amending current regulations, and/or adopting additional
regulations.
D. The City Council believes that an interim ordinance is necessary and prudent in order to
complete the study and give the Council sufficient time to evaluate its options for
regulation, and to protect the planning process and the health, safety and welfare of the
citizens of Hopkins.
Section 2. Study. The City Council hereby authorizes the continuation of the study on the City’s
regulation of auto-related uses, including, but not limited to, a review of the following:
A. Public health, safety, and welfare issues relating to auto-related uses with a specific
emphasis on the effect of these businesses on surrounding properties and neighborhood
vitality.
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B. Whether a continuation of the current regulations regarding auto-related uses within
Hopkins is appropriate or, whether it would be appropriate to make changes to the current
regulations as to specific zoning districts or geographic areas within the City and, if so,
which ones.
C. The experiences of other cities that regulate these industries in a manner similar to Hopkins,
or that have used different regulatory approaches.
D. The experience and preferences of City planning staff, residents, and local businesses
regarding these uses.
E. Any other potential amendments to the current regulatory scheme that may be appropriate
for the City’s official controls.
Section 3. Moratorium. The following are hereby enacted in accordance with the above findings
and authority:
A. Commercial automobile repair, regardless of the size or type, is no longer a permitted use
in any of the City’s zoning districts. No application for any permit or approval of any nature
concerning automobile repair shall be accepted by the City during the term of this interim
ordinance. No additional review or other work on any previously accepted applications
concerning automobile repair shall be conducted during the term of this interim ordinance.
Previously received applications shall be withdrawn by the applicant or the application
shall be acted upon by the City in accordance with this interim ordinance. This provision
does not apply to automobile repair uses that are in existence on the date this interim
ordinance takes effect.
B. Commercial automobile sales and/or lease is no longer a permitted use in any of the City’s
zoning districts. No application for any permit or approval of any nature concerning
automobile sales and/or lease shall be accepted by the City during the term of this interim
ordinance. No additional review or other work on any previously accepted application
concerning automobile sales and/or lease shall be conducted during the term of this interim
ordinance. Previously received applications shall be withdrawn by the applicant or the
application shall be acted upon by the City in accordance with this interim ordinance. This
provision does not apply to automobile sales and/or lease uses that are in existence on the
date this interim ordinance takes effect.
Section 4. Enforcement. In addition to any criminal penalties authorized by law, the City may
enforce this interim ordinance by injunction or any other appropriate civil remedy in any court of
competent jurisdiction.
Section 5. Separability. Every section, subsection, provision or part of this interim ordinance is
declared separable from every other section, subsection, provision or part. If any section,
subsection, provision or part of this interim ordinance is adjudged to be invalid by a court of
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competent jurisdiction, such judgment shall not invalidate any other section, subsection, provision
or part.
Section 6. Effective Date; Duration. This interim ordinance shall take effect immediately after
its adoption and publication. It shall be effective for the following duration: (a) one year from the
effective date of this interim ordinance, or (b) the date upon which Hopkins reaffirms, amends, or
repeals its ordinances and official controls relating to automobile repair and automobile sales
and/or lease. Amendments to ordinances or official controls relating to one of these uses but not
the other shall not affect this interim ordinance with respect to the use that is unaffected by said
amendments.
First Reading: April 17, 2018
Second Reading: May 1, 2018
Publication Date: May 10, 2018
Date Ordinance Takes Effect: May 10, 2018
By: ______________________________
Molly Cummings, Mayor
ATTEST:
___________________________
Amy Domeier, City Clerk