Memo - 2nd Reading for Ordinance 2004-934
. MEMO
To: City Council
From: Nancy Anderson
Date: September 30, 2004
Subject: Second Reading for Ordinance 04-934
Attached is Ordinance 04-934 for second reading. This ordinance will not allow
sculptures and decorative landscape in the B-2 district for a period of one year or until
the ordinance is amended.
The City Council's action is to approve the ordinance for second readinq and order the
ordinance published.
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2004-934
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING SCULPTURES IN THE CITY OF HOPKINS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Back2;round and Findin2;s:
1.01 At the September 7, 2004, City Council meeting, the City Council approved thc first
reading of an amendment to Section 570 of the Hopkins City Code to pennit the
installation of sculptures in the B-2 zoning district.
1.02 The City Council detennined that neither Section 570 nor Hopkins City Code Section
. 535.05 (d), which allows "decorative landscaping" as a pern1itted accessory use in
business districts, provide any standard for sculptures or "decorative landscaping," such
as size, location, materials used and number allowed on a single property.
1.03 The City Council directed Hopkins administrative staff to prepare an interim ordinance
placing a moratorium on the installation, erection or expansion of any sculpture pursuant
to Section 570 or any "decorative landscaping" pursuant to Section 535.05 (d) in B-2
zoning districts within the City of Hopkins.
1.04 There is a need for a study to be conducted so the City Council can uetermine whether it
is necessary to amend the City's existing Ordinances, Regulations and Official Controls
or adopt new ordinances relating to the installation, erection or expansion of sculptures in
business districts within the City of Hopkins.
1.05 Minnesota Statues, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this
Interim Ordinance to protect the planning process. The City Council finds that adoption
of this Interim Ordinance will protect the planning process and the health, safety and
welfare of it citizens while the study provided for in this Ordinance is being conducted.
Section 2. Planning Study.
. 2.01 The City staff shall conduct the research and planning study. This study shall detcIl11ine
. if there should be amendments to the zoning ordinance regarding the installation, erection
or expansion of sculptures pursuant either to Section 570 or Section 535.05 (d) in
business districts in the City of Hopkins.
2.02 Upon completion of the study, the study shall be submitted by staff to the City Council
for its review and consideration of any modifications to the existing Ordinances,
Regulations and Official Controls ofthe City.
Section 3. Moratorium
A moratorium is hereby adopted on the installation, erection or expansion of any sculpture
pursuant either to Section 570 or Section 535.05 (d) in business districts in the City of Hopkins
for the purpose at protecting the planning process pending completion. The lnterim Ordinance
and the moratorium imposed by this Interim Ordinance shall remain in effect until the date that is
one year after the effective date of this Interim Ordinance, or such earlier date as may hereafter
be established by an Ordinance duly adopted by the City Council.
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 Ordinances of the City of Hopkins, in any Court of
competent jurisdiction.
Section 5. Severability.
Evcry 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
unenforceable by a Comt of competent jurisdiction, it shall not invalidate any other section,
provision or part if this Interim Ordinance.
Section 6. Effective Date.
This Interim Ordinance shall be effective upon its publication.
First Reading: September 21, 2004
Second Reading: October 5, 2004
Date of Publication: October 14, 2004
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. Date Ordinance Takes Effect: October 14, 2004
Eugene J. Maxwell, Mayor
ATTEST:
TelTY Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attomey Signature Date
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