2005-074
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2005-74
A RESOLUTION APPROVING THE PREAMBLE TO PROPOSED ORDINANCE NO.
2005-954 DECLARING THE EXISTENCE OF AN EMERGENCY DUE TO THE LACK
OF AN ORDINANCE REGULATING THE CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF SIGNS IN THE CITY OF HOPKINS.
WHEREAS, the City Council previously has adopted ordinances regulating the
construction, installation and maintenance of signs located in both commercial and residential
areas of Hopkins (the "Sign Ordinances"), and;
WHEREAS, a lawsuit has been filed against the City of Hopkins (Advanta2e Media.
L.L.C.. et at v. City of BODkins. U.S. Dist. Ct. File No. 04-04959, hereafter, the "Lawsuit")
challenging the constitutionality of the Sign Ordinances and, on July 29,2005, U.S. District
Court Judge Michael Davis issued a preliminary injunction in the Lawsuit preventing Hopkins
from enforcing the Ordinances while the injunction is in place, and;
.
WHEREAS, as a result of the injunction, Hopkins is without any regulation regarding
the size and location of signs, the number of signs that might be permitted on a property and the
types of materials from which signs can be constructed, and;
WHEREAS, Section 3.03 Subd. 4 ofthe Hopkins Charter authorizes the City Council to
adopt an "emergency ordinance" when the City Council finds that an emergency exists that
requires adoption of an ordinance on an expedited basis, and:
WHEREAS, Minnesota Statutes, Section 462.355, Subd. 4 authorizes the City of
Hopkins to adopt an 'interim ordinance" that imposes a moratorium on building and/or other
activity in the city while the city considers modifications to its comprehensive plan or official
controls, and;
WHEREAS, the City Council finds that it is necessary and proper to impose immediately
an interim ordinance to regulate signs in the City of Hopkins while a new, permanent sign
ordinance is considered and approved, and;
WHEREAS, the City Council has reviewed proposed Ordinance No. 2005-954, an
emergency interim ordinance regulating signs in the City of Hopkins, and the City Council
hereby adopts and approves the preamble in Section 1 of the proposed interim ordinance
which declares that the lack of a current sign ordinance constitutes an emergency.
NOW, THEREFORE, the City Council hereby resolves that the lack of an ordinance
regulating signs in the City of Hopkins constitutes an emergency and adopts and approves the
preamble in Section I of the proposed interim ordinance and declares that the lack of a current
sign ordinance constitutes an emergency.
August 3,2005
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APPROVED AS TO FORM AND LEGALITY:
August 3. 2005
Date