IV.4. Second Reading: Ordinance Adopting the Recodification of the Hopkins City Code; Domeier
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
From: Amy Domeier, City Clerk
Copy: Mike Mornson , City Manager
Date: January 21, 2020
Subject: Second Reading of Ordinance 2020-1145
_____________________________________________________________________
Staff recommends that the Council approve the following motion: Move that the
Hopkins City Council adopt Ordinance 2019-1145 for second reading.
There have been no changes to the ordinance since the first reading held on January 7,
2020.
Attachments:
Ordinance 2020-1145
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but rather to remove outdated and unnecessary code language, reformat the code, update staff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-_____, 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 upon
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