Memo - 2nd Reading for Ordinance 2001-863
. MEMO
From:
City Council
Nancy Anderson
To:
Date:
Subject:
October 31,2001
Second Reading for Ordinance 01-863
Attached is Ordinance 01-863 for second reading. This ordinance will place a
moratorium on subdivision and rezoning in the primary study area for the East End
Study.
The Citv Council's action is to approve the ordinance for second readina and order the
ordinance published.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2001-863
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND
PROHIBITING REZONING, LAND USE AMENDMENTS OR SUBDIVISIONS
WITHIN THE AREA DESIGNATED IN THIS ORDINANCE
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Background and Findings:
1.01 The City of Hopkins has contracted with Hoisington Koegler Group Inc. for a planning study
known as the East Hopkins Land Use and Market Analysis ("Planning Study").
1.02 The Planning Study consists of the following components: planning and urban design, market
analysis, and public finance.
1.03 On May 16, 2001, the Metropolitan Council awarded the City of Hopkins a local planning
assistance grant and other funding assistance to help fund the Planning Study.
1.04 In the spring of 2002, Hennepin County will undertake the expansion and improvement of
Excelsior Boulevard in the area east of Highway 169. This proj ect will affect future land use
patterns and development within the area that is the subject of the Planning Study.
1.05 There is a need for the Planning Study to be conducted so the City Council can determine
whether it is necessary to amend the City's Existing Ordinances, Regulations and Official
Controls or adopt new ordinances relating to zoning, land use amendmt<nts and subdivisions
within the study area.
1.06 Minnesota Statutes, 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
its citizens while the Planning Study is being conducted.
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Section 2. Planning Study.
1.01 Hoisington Koegler Group Inc. shall conduct the Planning Study assisted by the City Staff
The Planning Study shall recommend whether there should be amendments to the City's
Comprehensive Plan and/or zoning ordinance regarding land use and development,
conditional use permits and the regulation of land use and development within the area
covered by the Planning Study.
1.02 Upon completion of the Planning Study, it shall be submitted to the City Council for its
review and consideration of any modifications to the existing Ordinances, Regulations and
Official Controls of the City.
Section 3. Moratorium
A moratorium is hereby adopted and enacted prohibiting all rezoning, land use amendments,
subdivisions or plats of or affecting any land located within the primary study area of the Planning
Study. The primary study area of the Planning Study, which is the area subject to this moratorium, is
that area depicted in the map attached to this Ordinance as Exhibit A and incorporated herein by
reference. 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 imposed hereby 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. 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 ofthe 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.
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Section 6. Effective Date.
This Interim Ordinance shall be effective twenty days after its publication.
First Reading:
Second Reading:
Date of Publication:
October 16, 2001
November 7,2001
November 14, 2001
Eugene J. Maxwell, Mayor
ATTEST:
. . Terry Obermaier, City Clerk
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APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
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