2004-934
CITY OF HOPKINS
Hennepin Connty, 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. Backl!ronnd and Findinl!s:
1.01 At the September 7, 2004, City Council meeting, the City Council approved the first
reading of an amendment to Section 570 of the Hopkins City Code to permit the
installation of sculptures in the B-2 zoning district.
1.02 The City Council determined that neither Section 570 nor Hopkins City Code Section
535.05 (d), which allows "decorative landscaping" as a permitted 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 determine 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 Miunesota 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. Planninl! Studv.
2.01 The City staff shall conduct the research and planning study. This study shall determine
ifthere should be amendments to the zoning ordinance regarding the installation, erection
or expansion of sculptures pursuan~ 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 of the 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 Interim 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 S. Severabilitv.
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
unenforceable by a Court 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
Date Ordinance Takes Effect:
October 14, 2004
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APPROVED AS TO FORM AND LEGALITY:
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