Memo - Order publication of summary ord 2005-955
MEMO
To:
From:
City Council
Nancy Anderson
Date:
August 31, 2005
Summary of Ordinance 05-955
Subject:
Attached is a summary of Ordinance' 05-955. The City Charter permits the City to
publish summaries of long ordinances. The City Council must review and approve the
summary and make a finding that the summary is a fair and accurate summary of the
ordinance.
The Citv Council's action is to approve the summary of Ordinance 05-955 and find that
the summary is fair and accurate and order the summary published. This must be
approved by a 4/5 vote.
Ordinance 05-956 was approved on August 16. Ordinance 05-956 repeals Ordinance
05-954 and all other sign ordinances. The City Council did not order this ordinance
published.
The Citv Council's action is to order publication of Ordinance 05-956.
Attachment
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-955
AN EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE
HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND FOR REGULATING
THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS.
The following is a sununary of the major provisions of the ordinance:
· Differing types of signs are defined by the marmer in which the sign is
constructed.
. A permit is required for all signs.
· The largest sign permitted in the City is 250 square feet
· Off-premise signs are prohibited within the City
· Temporary signs are prohibited within the City
· Signs that are existing as of the date this ordinance and do not meet the
requirements of this ordinance are considered legal non-conforming.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins
Library.
Date Ordinance Takes Effect:
August 16,2005
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-956
AN EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE
HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND FOR REPEALING
THE EXISTING EMERGENCY INTERIM ORDINANCE REGULATING THE
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS AND ALL
PREVIOUS ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION
AND MAINTENANCE OF SIGNS.
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Preamble Declarinl! Emerl!encv.
1.01 The City Council finds that the lack of a comprehensive, constitutionally sound ordinance
regulating signs in the City of Hopkins constitutes an emergency threatening public health, safety
and welfare because, among other concerns, (I) signs could be erected without regard to the
manner in which the size or location of the sign or signs interferes with traffic sight lines,
endangering or distracting drivers and pedestrians alike, thereby causing traffic hazards and; (2)
signs could be constructed in a marmer or from such materials as are structurally unsound
vulnerable to collapse, endangering persons or property in the vicinity of the signs.
Section 2. Findinl!s.
2.01 A lawsuit was filed against the City of Hopkins (Advantal!e Media, L.L.C.. et at v.
City of Houkins. 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 Sign
Ordinances while the injunction was in place.
2.02 As a result ofthe injunction, Hopkins was 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;
2.03 Pursuant to Section 3.03 Subd. 4 of the Hopkins Charter, the City Council on August 3,
2005, adopted Ordinance No. 2005-954, an emergency interim ordinance to regulate the
construction, installation and maintenance of signs in Hopkins while a comprehensive,
constitutionally sound sign ordinance could be drafted.
2.04 The City Council has reviewed proposed Ordinance No. 2005-955, an emergency
ordinance adopting a new ordinance to regulate the construction, installation and maintenance of
signs in the City of Hopkins and the City Council hereby finds Ordinance No. 2005-955 to
constitute a comprehensive, constitutionally sound sign ordinance.
Section 3. Repeal.
3.01 Ordinance No. 2005-954 and the entirety of Section 570 of the Hopkins City Code in
effect prior to July 29,2005, is hereby repealed.
Section 4 Effective Date.
4.01 Pursuant to Section 3.03 Subd. I of the Hopkins Charter, this Emergency Ordinance shall
be effective iimnediately.
Date Ordinance Takes Effect:
August 16,2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attomey Signature
August 16. 2005
Date