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2005-954 . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2005-954 AN EMERGENCY INTERlM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND FOR REGULATING THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS. THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Preamble Declaring Emergencv. 1.01 The City Council finds that the lack of an ordinance regulating signs in the City of Hopkins constitutes an emergency tlu'eatening public health, safety and welfare because, among other concerns, (1) 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 dlivers and pedestrians alike, thereby causing traffic hazards and; (2) signs could be constructed in a manner or from such materials as are structurally unsound vulnerable to collapse, endangering persons or propelty in the vicinity of the signs. Section 2. Background and Findings. 2.0 I Previously, the City Counci I had adopted ordinances regulating the constmction, installation and maintenance of si!:,7J1s located in both commercial and residential areas of Hopkins (the "Sign Ordinances"). The Sign Ordinances regulated, among other matters, the size and location of signs and the materials that could be used to construct the signs. The intent of the Sign Ordinances was to provide for the safety of persons in Hopkins and to preserve and enhance the aesthetics of the city. 2.02 A lawsuit has been filed against th~ City of Hopkins (Advantage Media. L.L.c.. et al. v. City of Hopkins, U.S. Dist. Ct. File No. 04-04959, hereafter, the "Lawsuit") challenging the constitutionality of the Sign Ordinances. On July 29,2005, U.S. District COUlt Judge Michael Davis issued a preliminary injunction in the Lawsuit preventing Hopkins from enforcing the Sign Ordinances while the injunction is in place. 2.03 As a result of the injunction, Hopkins is without any regulation regarding signs, including but not limited to regulations for the size and location of signs, the number of signs that might be pennitted on a property and the types of materials from which signs can be constructed. 2.04 Section 3.03 Subd. 4 of the Hopkins Charter authorizes the City Council to adopt an “emergency ordinance” when the City Council makes a finding that an emergency exists that requires adoption of an ordinance on an expedited basis. 2.05 Minnesota Statutes, Section 462.355, Subd. 4 authorizes the City of Hopkins to adopt an ‘interim ordinance” that imposes a moratorium on building and/or development activity in the city while the city considers modifications to its comprehensive plan or official controls. Section 3. Review of Official Controls. 3.01 The City Council finds that it is necessary and proper for the Hopkins city staff to conduct a review of the ordinances, regulations and Official Controls of Hopkins to determine whether and/or to what extent such ordinances, regulations and Official Controls need to be modified to create constitutionally sound regulation of signs in the City of Hopkins. 3.02 Upon completion of the review, the review shall be submitted by staff to the City Council for its consideration of any modifications to the existing ordinances, regulations and Official Controls of the City of Hopkins. Section 4. Moratorium 4.01 For the purpose of protecting the planning process pending completion of modified ordinances, regulations and Official Controls regarding signs in the City of Hopkins, a moratorium is hereby adopted on the construction, installation and display of all signs in excess of six (6) square feet of surface area. This moratorium does not apply to signs in place as of the effective date of this ordinance. This Emergency Interim Ordinance and the moratorium imposed by this Emergency Interim Ordinance shall remain in effect until the date that is thirty (30) days after the effective date of this Emergency Interim Ordinance or such earlier date as may hereafter be established by an ordinance duly adopted by the City Council. Section 5. Enforcement. 5.01 The City may enforce the provisions of this Emergency 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 6Severability. . 6.01 Every section, provision or part of this Emergency Interim Ordinance is declared severable from every other section, provIsIon or part, and if any portion of this Emergency Interim Ordinance is held invalid unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part if this Emergency Interim Ordinance. Section 7. Effective Date. 7.01 Pursuant to Section 3.03 Subd. 1 of the Hopkins Cha11er, this Emergency Interim Ordinance shall be effective immediately. Date Ordinance Takes Effect: August 3, 2005 .- , . ;\llPRovEDAS TO FORM AND LEGALITY: AUgust3,20,05 Date ,.