Memo - 2nd Reading for Ordinance 04-922
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. I City Clerk I
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and City Council Members
Copy:
From: Terry Obermaier
Date: April 1 5, 2004
Subject: Second Reading, Ordinance 2004-922
Staff recommends a motion to adopt Ordinance 2004-922 for second reading and order
publication,
The ordinance has not changed since the first reading.
. A copy of the ordinance is attached.
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f CITY OF HOPKINS
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Hennepin County, Minnesota
. ORDINANCE NO. 2004-922
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS
AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND PROHIBITING
ANY NEW LICENSES FOR TRANSIENT MERCHANTS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Background and Findings:
1.01 The City Council has the power to adopt ordinances to provide for the government and good order of the city, the
prevention of crime, the protection of public and private property, the benefit of trade and commerce, and the
promotion of health, safety, order, convenience, and the general welfare.
1.02 The City Council believes there is a need for a Planning Study regarding the operation of transient merchants in
Hopkins to consider how such merchants might be regulated, including but not limited to the issues of the locations
where such merchants might be permitted to operate, the Facilities from which such merchants might be permitted
to operate and the extent to which such merchants require further regulation by the City of Hopkins.
1.02 There is a need for a moratorium to be adopted for the purpose of protecting the planning
process and the health, safety and welfare of the citizens of the City and to insure that the City
and its citizens retain the benefits of the City's zoning ordinance and other ordinances until such
time as the Planning Study can be completed. There is a need to restrict transient merchants
. until a Planning Study has been completed and any modifications to the City's regulations have
been adopted.
1.03 Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Hopkins to adopt an Interim
Ordinance to protect the planning process. Further, the City of Hopkins, pursuant to the
exercise of its powers to protect the health, safety and welfare of the citizens of Hopkins, has
the authority to enact an ordinance imposing a moratorium on the issuance of transient
merchant licenses. The City Council finds that adoption of this Interim Ordinance will protect
the planning process and the health, safety and welfare of its citizens while the Planning Study
is being conducted.
Section 2. Planning and Zoning Study /Moratorium.
2.01. A study is authorized to be conducted by City staff to determine whether it is necessary to
amend the City's Existing Ordinances, Regulations and Official Controls or adopt new
ordinances relating to zoning, licensing and other requirements for transient merchants.
The scope of the study should include, but is not limited to, the following:
a. the particular zoning districts in which such uses should be allowed as either permitted uses
or conditional uses;
b, the density and concentration of such uses;
c. the effect of such uses on other uses in the surrounding area;
. d. size of any temporary structures;
e. the period of time such a use may operate;
f. the need, if any, for modifications to the licensing regulations regarding such uses.
Section 3. Moratorium .
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A moratorium is hereby adopted and enacted prohibiting all new licenses for transient merchants. This
Interim Ordinance is adopted for the purpose of protecting the planning process pending completion of .
the Planning Study and the review of the completed Planning Study by the City Council. This Interim
Ordinance and the moratorium impused hereby shall remain in effect until the date that is 180 days
after the effective date of this Interim Ordinance, or such earlier date as may hereafter be establ ished by
an Ordinance duly adopted by the City Council. The term of this Interim Ordinance and the
moratorium imposed hereby may be extended for a reasonable period of time by Ordinance as may be
necessary to complete the Planning Study authorized hereby and to adopt any necessary modifications
to the City's Ordinances, Regulations and Official Controls,
Section 4. Enforcement.
The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy,
including, but not limited to, remedies and enforcement procedures provided in the statutes of the State
of Minnesota or Ordinance of the City of Hopkins, in any Court of competent jurisdiction.
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid or unenforceable
by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part of this
Interim Ordinance. .
Section 6. Effective Date.
This Interim Ordinance shall be effective the day of its publication.
First Reading: April 6, 2004
Second Reading: April 20, 2004
Date of Publication: April 29, 2004
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY: .
City Atturney Signature Date