The URL can be used to link to this page

98-765oR��NA�. 1 'M �`� d e c�, U e Y S i c'f ;�V �� f�' �jSs Council File #� g=_'�,� �J Green sheet # � �. 3 5 3 RESOLUTION CITY OP' SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date 1 WI�REAS, the City is authorized to establish interim ordinances to regulate, restrict or 2 prohibit any use or development, in all or part of the City, while conducting planning studies or 3 when it has authorized a planniixg study to be conducted for the purposes of considering adoption 4 or amendments of the City's comprehensive plan and official zoning controls; and 6 WI�REAS, the City of Saint Paul is presently engaged in a comprehensive revision of 7 its zoning code. One major goal of the revision is to minimize land use conflicts near or within 8 residential neighborhoods. Other goals of the zoning code revisions include encouraging 9 investment in residenfial properties, promoting home ownership, preserving the vitality of City 10 neighborhoods and, as a whole, insuring that the City is a desirable place in which to live, work, 11 and visit; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, pawn shops aze first perniitted in B-2 districts, and so called "tobacco shops" are first permitted in B-1 districts; and WI-IEREAS, the Council of the Ciry of Saint Paul is concemed about the proximity of pawn shops and tobacco shops to such sensitive uses as residential neighborhoods, schools, churches, parks and childcare facilities; and WHEREAS, because important land use, zoning and other regulatory issues aze often associated with uses like pawn shops and tobacco shops, a study is needed to determine whether the City's presentcomprehensive plan and zoning code contain adequate safeguards which wiil provide for the orderly approval and development of these uses in the City; and WHEREAS, until such time as a study of the City's present comprehensive plan and zoning code, as they pertain to pawn shops, is completed to determine whether the comprehensive plan and zoning code presently contain adequate safeguazds providing for the orderly approval and development of such use and for the Council to act upon the study and any recommendations it may contain, the City Council desires to temporarily prohibit the estabiishment, expansion or relocation of pawn shops in ihe City; now, therefore, be it RESOLVED, that an interun ordinance should be adopted to protect the planning process and to promote the public health, safety and welfaze. Accardingly, the City Council directs the Department of Planning and Economic Development to immediately undertake studies of the CiTy's comprehensive pian and official zoning controis relating to pawn shops and tobacco shops and to submit a report and any recommendations to the Council; and, be it �i'i � '. 1 FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting 2 any acrivity which might be inconsistent with the said pending study and any amendments to the 3 City's comprehensive plan or zoning code which may result from it, no permits or licenses shall 4 be issued ar granted for the establishment, conversion or expansion of any pawn shop from this 5 date and until the expuation of three (3) mottths or until such time as the City Council has taken 6 action on the recommendation contaiued in the study as allowed by Minn. Stat. § 462.355, Subd. 7 4; and, be it 9 FURTHER RESOLVED, that for the purposes of this resolution and the study to be done 10 by the Department of Plauving and Economic Development, a tobacco shop is any business 11 establishment for which tobacco related sales comprise forry (40) percent of the business 12 establishmenYs total a oss receipts; and, be it 13 14 FURTHER RESOLVED, that the City specifically reserves the right to extend the 15 restriction contained in this resolution and in the accompanying interim ordinance by action of 16 the City Council for such additional periods as are necessary to compiete a planning study, not 17 exceeding a total additional three (3) months as allowed by Minn. Stat. § 462355, Subd. 4. ORIGIi�AL Requested by Depastment of: By: Form roved by City a torney By: ,t� �`- 3-9k Adoption Certi£ied by Council Secretary Approved by Mayor for Su mission to Council By: \ \ a..--� c�- k--'! �� $Y Appxoved by Mayor: ate By: � ` �� - � ,s ��`�� Adopted by Council: Date�,,,,,� � c� ,\�q� ��` �ARTMINT/OFFICElCAUNCIL c�ty coun��i VTAC7 PQZSON & PHONE Scott Renstrom 6-8660 >r ae ota couric�� ncaon sr (onr� AuQUSt 19, 1998 DATE INrtMTEI 8/19/98 ASSIGN xurem cae ROUi1MG ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET No u�� u�� ❑ arc.,rouEV ❑ rnr«snrz _ ❑ w�nxu.i.aoeu¢rsax ❑ ww¢�um ❑ WvonlortASmsriurtl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) �tX �`1t� 62353 Resolution establishing a moratorium on currency exchanges, pawn shops, tobacco shops, second hand stores, or other similar uses stores, pending a review and recommendation by the Planning and Economic Development Department and the Planning Commission. PLANNING COMMISSION CIB COMMRTEE CNIL SERVICE COMMISSION , �'"I�P��i OF TRANSACTION SOURCE Why) Flas fhis aersor�rm e.er wwkea unae. a cono-aa r« u,is aepanme�m VES NO Flas thie peraoNfirtn ever been a aty empbyceT YES NO Dces this persoMirm P� a sidll not normal�YP�� bY anY curtHR dly empbyee'! YES NO Is Mis pereoNf�m a targetetl vendoR YES NO Yain all v�a answers on seoarate sheet arM attaCh M nreen sheet COST/REVRlUE BUDfiHTED (GRCLE ON� ACTNRYNUMBER YES NO (��M �� - � �s CITI' OF SAINT PALTL 390 Ciry Hall Telephone: 612-266-8510 NormCo[eman,Mayor ISWestKelloggBoulevard Facsimile:612-266-8513 Saini Paul, MN 55102 September 16, 1998 Council President Dan Bostrom and Members of the City Council 320-B City Hall Saint Paul, Minnesota 55102 RE: City Council File 98-765 (Pawn Shop Moratorium Resolution) Dear President Bostrom and Members of the City Council: With this letter I am returning to you, without my approval, the Council Resolution prescri6ing a 90-day moratorium on the issuance of pernuts and licenses for pawn shops. I disapprove of this Resolution, and I oppose the corresponding ordinance which now awaits Council action, for the same reasons which I have opposed past Council efforts to regulate legal businesses through the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for tcue emergencies. To impose a moratorium upon the licensure of legal business activity pending the outcome of a study justifying the curtailment of such business is, in my view, an inappropriate method of business regulation. It disrupts the orderly process of normal permitting and licensure, it interferes with legitimate commercial expectations of order(y and thoughtful regulation, and, by doing sq it sends a negative message to the entire business community about the City's regulatory processes. I note that both the Saint Paul Chamber of Commerce and the Business Review Council have shared with you opinions similar to mine, and both oppose the moratorium at issue. I urge you to give serious consideration to these opinions, as well as to those of individual business owners who also have voiced opposition to this moratorium. While I stand in opposition to the enclosed Council Resolution, I am mindful that it represents a significant reduction from the original proposal, which called for a year-long moratorium on licensure of four separate business activities. The current proposal affects just one industry, that of pawn brokering, and the moratorium period has been reduced to ninety days. I also am mindful that this Resolution was adopted with enough votes to override a mayoral veto. For these reasons I have not exercised that option. Nevertheless, I strongly urge the Council to reconsider its position on this matter and to reject the proposed ordinance. � ��.��s Members of the City Council Page Two September 16, 1998 Finally, let me assure you that my comments do not reflect an absence of sensitivity to the neighborhood concerns sometimes occasioned by businesses of this variety. It is my firm belief, however, that such concerns can be adequately addressed through appropriate zoning and licensure restrictions. If changes in the current laws are needed, that can be demonstrated through the study which the Council has requested from PED. In that event, prompt corrective action can thereafter be adopted by the City Council. This is the orderly course of business regulation which I urge the Council to follow on this and all similar issues. Si ce ly, o � ole �`'�� Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce ��..��a�a - a i ��1°�g OR�G#NAL Presented By Referred To 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 � CouncIl File # 98-765 Green Sheet # 6235,� 3� Committee: 'WFiEREAS, the City is authorized to establish interim ord' ances to regulate, restrict or prohibit any use or development, in all or part of the City, whil onducting plauning studies or when it has authorized a planning study to be conducted for purposes of considering adoption or asnendments of the City's comprehensive plan and offic' zoning controls; and WHEREAS, the City of Saint Paul is prese its zoning code. One major goal of the revision is residential neighborhoods. Other goals of the zo ' g code revisions include encouraging investment in residential properties, promoting me ownership, preserving the vitality of City neighbarhoods and, as a whole, insuring that e City is a desirable place in which to live, work, and visit; and WHEREAS, currency e conditions, pawn shops are first ° are first pei �re first perxnitted in B-3 districts subject to special in B-2 districts, and so called "tobacco shops" � in B-1 districts; and WF3EREAS, the Counci �the City of Saint Paul is concerned about the proximity of currency exchanges, pawn sho ,� bacco shops , , to such sensitive uses as residential eighborhoods, schools, churches, parks and childcare facilities; and WHEREAS, Be use important land use, zoning other regulatory issues are often associated with uses li e currency eschanges, pawn shops� o acco shops �P�^^a'�°~a °*�~�� ^- ..�>� ^+'�°- °;^�;'°-,.°° a s dy is needed to determine whether the City's present comprehensive plan and zoning code c tain adequate safeguards which will provide for the orderly approval and development of t ese uses in the City; and WHE AS, until such time as a study of the City's present com r ensive plan and zoning cod , as they pertain to uses like currency exchanges, pawn shops,�o"1�acco shops, sesei3 �'--•�-, -°--=�--='°-• •-°-, is completed to deternune whether the comprehensive plan zoning code presently contain adequate safeguards providing for the arderly approval and velopment of such uses and for the Council to act upon the study and any rec endations it may contain, the City Council desires to temporarily ro ibit the e blishment, expansion or relocafion of cunency exchanges, pawn shopS�foGacco shops, _ _ _ _ in the Ciry; THEREFORE, BE IT RESOLVED, that an interim ordinance should be adopted to protect the planning process and to promote the public health, safety and welfaze. Accardingly, the City Council directs the Department of Plamiing and Economic Development to immediately undertake RESOLUTION CITY OF SAINT PAUL, MINNESOTA I in a comprehensive revision of land use conflicts near or within studies of the City's c mprehensive plan and official zoning controls relating to pawn shops, � currency exchange y smoke shops, , and to submit a report �� and any recommendations to the Council; AND BE IT FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting any activity which might be inconsistent with the said pending study and any amendments to the City's comprehensive plan or zoning code which may result from it, no permits or licenses shall be issued or�ranted for the establishment, conversion or esp 'on of any currency exchange, pawn sho�oke shop, from this date and until the expirarion of twelve (12) months or until such time as the ty Council has taken action on the recommendation contained in the study as aliowed by M' Stat. § 462355, Subd. 4; AND BE IT FURTHER RESOLVED, that for the purposes of accompanying interim ordinance, a smoke shop is any business related sales comprise forry (40) percent of the business establ' . AND >olution and the �hment for which tobacco s total gross receipts; BE IT FURTHER RESOLVED, that the City ecifically reserves the right to extend the reshiction contained in this resolution and in the ac mpanying interim ordinance by action of the City Council for such additional periods as ar necessary to complete a plamiing study, not exceeding a total additional eighteen (18) mon s as allowed by Minn. Stat. § 462355, Subd. 4; AI3D BE IT FINALLY RESOLVED, at in cases of hardship, any person aggrieved by the requirements of this resolution and th mterim ordinance may apply for a waiver of all or part of the applicable restrictions. Such ap ication sha11 be made to the zoning administrator who sha11 forward it for review by the pi ng administrator who shall make a recommendafion and forcvard the same to the City C cil for final determination. Upon the receipt of such an application, the zoning admiri trator shall also provide nofice of the applicafion to neighborhood organizations and concerne citizens as detailed in Chapter A-11 of the Saint Paul Administrarive Code. A 'ver may be granted where the City Council fmds that the waiver will not affect the integrity o the planning process and that the purposes for which this resolution and the interim ordinance ere enacted will be served by such waiver. � �5 Requested by Department of: Adopted by Co ci] Adoption Ce ifiec BY' Approv by Mayor: By' . Date by Council Secretary By: Form Approved by City Attorney B �J��-� �/l5�� Approved by Mayor for Submission to Council By: Date OR#GINAL ,, ` ([[�� ' DEPAATMIFNT OF PLAT�IN(NG ^ f C ,�� & ECONOMIC DEVELOPMEN( �(� � � � �L� PameN Wdee%ek Dtrector �� CITY OF SA�I'f PAUL Norm Co[eman, Mayor DATE: 15 WesrfovrrhStreer Sainr Pavf, MN 55102 Facsimile Transmission Cover Sheet August 26,1998 TO: Aan Sostrom, Council CLair Jerry Blakey, Councilmembee C6ris Coleman, Counciimember Michsel Hams, Councilmember Jay Benanav, Councilmember 3im Reiter, Councilmember Kat6�y Lantry, Councilmember Gerry 3trathman Mayor Norm Coleman Tom X�abel Sob Kessler FROM: Martha Faust PED • Message: Tekphorm; 6I7-166-6655 Faesimik: 612-22&3261 No. pages: 266-8574 Z66-8513 266-9124 228-3261 If you did nat receive all the pages o£ this transmission, please call: Sonja -266-6565 b0iS9'd i9z£8zZSS9 Q3d S£:60 866S-9Z—'Jfld ,t DEPAR?MENTOFPLANNING 6t ECONOtvllC DEYELOPMINf Pmnefa WJieelock Dinttcr CTI'Y OF SAJNI' PAUL Norm Co%man, Mayor DATE: TO: FROM: August 25, 1998 Council President i� 25 WesLFarvrkSVeet SaWPauS MN55701 and Members of the City Council �� _ ��5 Tcisphons: 6/2-266-6565 Faes "rmt[e: 6I7-128d31 �f RE: Information�ab�ut the Proposed Zoniag Study of Pawn Shops, Currency Exchanges, Smoke SLops, aud Second-hand Stores (Conncil Files 98-765 and 76� The P�D mning staff gave me the attached memo containing a little backgcound on zonSng studies done on pawn shops and curcency exchanges in the past five yeazs. They raise legitiznate issues which suggest this may not be the best way to achieve the goal set out and may divert staff from other priority efforts. In any case, I wanted to pass this information along to the Council before tomorrow's discussion at the Council meeting. If you have any questions call me at 266-6628, or Larry Soderholm at 266-6575 or Martha Faust at 266-6572. cc: Mayor Coleman Gerry Strathrrtan Bob Kessler Tom Fabel b0/Za'd S9z�8zZSS9 Q3d 9E:60 866S-9Z—�J(ltl DEPARTMENY OF PLANNtNQ 8c ECONOM[C DEVELAPMEN't CTIY OF SAINT PAUL Norm Coleman. Muyo� �� Date: August 25, 1998 To: Pam Wheelock From: Martha Faust ( ►K Larry Soderholm� 75 iYu[Foureh Street SoinlPmil MNi5702 Re: Zoning Studies: Pawn Shops, Currency Exchanges, etc. ��,�� Tefephone: 612-266-6565 Fauimde.• 612-2283261 Last week Council President Bostrom asked for a moratoriwm and zoning study oa currency exchanges, gawn shops, tobacco shops and secondhand shops, and "other similar uses". The Council will consider this matter again at tlus Wednesday's meeting. Following is the status of recent zoning studies on these uses: Currenc�Exchan�es: Ihe Council initiated a zoning study of currency exchanges in August, 1993. Prior to that time, they had not been specifically pemutted in ihe code. One of the concems e�cpressed about currency exchanges was the number of police calls they generated (more than double the annual average number for banks). As a result of Yhe study the Council resuiated the location of currency exchanges to B-2, B-3, B-h, B-5, I-1, and I-2 mning districts, (the same as banks) and also imposed a 100 foot spacing requirement from any residential use. There were nine cusrency exchange businesses in existence in St. Paul at the time of the study; today abouY twelve currency �changes exist. Pawn Shoos: In January, 1995 at the request of the Palice Depariment, the Council initiated a wning study of pawn shops, and impased a one-yeaz moratorium on the establishmeat of new pawn shaps (subsequently extended for a second year). At the time, the Po]ice Aepartment relied on paper records to track potentially stolen merchandise. During the course of the study, an electronic tracking system for pawned items was established. The Council appraved pawn shops as a pernutted use in B-4, B-5, and I-I districts, and as a special conditional use in the B-2, B-2C, and B-3 disiricts. Spacing requirements were discussed buY ulrimately not adopted. Eleven pawn shops existed at the time of the study; cunenfly LIEP has granted twelve pawn shop licenses. Two new pawn shops are currently applying for SCtIPs. Tobaceo Shons: Tobacco or "smoke" shops have not been studied to date. Council President b0/£0'd I9z�BZZL59 Q3d 9£:60 866S-9z—�Jfld ��d �dlal �, �� Bostrom's proposed resolution classifies a smoke shop as a business with tobacco sales comprising 40 percent of its overall gross receipts. LIEP currentiy does not track tobacco shops according to this classification. T4iere are 442 tobacco licenses issued in the city at ptesent. Second Hsnd Shons: LIEP licenses second hand dealers, and currently has issued 1901icenses for such uses. These uses include antique shops, auto dealers, consignment stores, etc. CON�IONS 1) PED has studied two of four of these uses in the past five yeats, with resulting zestrictions added to the zoning code. These studies ariginated from concems similaz to ones voiced by Council President Bostrom. 2) The study proposed is very complicated because it proposes that multiple types of businesses be spaced from multiple protected uses (residences, schools, churches, parks, and child care facilities); it also includes "other similat uses" which broadens the study even furtlier. 3) Zoning staff aze concemed that the proposed study wilI delay other priorities such as MNRR.A Tier II, residential opp9nunities and streaznlining, Phalen Comdor zoning, urban village zoning, and other neighborhood zoning issues. 4) The process for abtaining a waiver to the moratorium (outlined in the resolution) is convoluted. 'fhe resolution calls for a waiver application to be made to the zoning administrator who forwards it for teview to the plattning administrator, who makes a recommendation to the City Council. cc: A1 Lovejoy Bob Kessler Wendy Lane Christine Ro2ek bBibO'd S9z£8z2SS9 Q3d 9£:60 866L-9z-�fld oR��NA�. 1 'M �`� d e c�, U e Y S i c'f ;�V �� f�' �jSs Council File #� g=_'�,� �J Green sheet # � �. 3 5 3 RESOLUTION CITY OP' SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date 1 WI�REAS, the City is authorized to establish interim ordinances to regulate, restrict or 2 prohibit any use or development, in all or part of the City, while conducting planning studies or 3 when it has authorized a planniixg study to be conducted for the purposes of considering adoption 4 or amendments of the City's comprehensive plan and official zoning controls; and 6 WI�REAS, the City of Saint Paul is presently engaged in a comprehensive revision of 7 its zoning code. One major goal of the revision is to minimize land use conflicts near or within 8 residential neighborhoods. Other goals of the zoning code revisions include encouraging 9 investment in residenfial properties, promoting home ownership, preserving the vitality of City 10 neighborhoods and, as a whole, insuring that the City is a desirable place in which to live, work, 11 and visit; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, pawn shops aze first perniitted in B-2 districts, and so called "tobacco shops" are first permitted in B-1 districts; and WI-IEREAS, the Council of the Ciry of Saint Paul is concemed about the proximity of pawn shops and tobacco shops to such sensitive uses as residential neighborhoods, schools, churches, parks and childcare facilities; and WHEREAS, because important land use, zoning and other regulatory issues aze often associated with uses like pawn shops and tobacco shops, a study is needed to determine whether the City's presentcomprehensive plan and zoning code contain adequate safeguards which wiil provide for the orderly approval and development of these uses in the City; and WHEREAS, until such time as a study of the City's present comprehensive plan and zoning code, as they pertain to pawn shops, is completed to determine whether the comprehensive plan and zoning code presently contain adequate safeguazds providing for the orderly approval and development of such use and for the Council to act upon the study and any recommendations it may contain, the City Council desires to temporarily prohibit the estabiishment, expansion or relocation of pawn shops in ihe City; now, therefore, be it RESOLVED, that an interun ordinance should be adopted to protect the planning process and to promote the public health, safety and welfaze. Accardingly, the City Council directs the Department of Planning and Economic Development to immediately undertake studies of the CiTy's comprehensive pian and official zoning controis relating to pawn shops and tobacco shops and to submit a report and any recommendations to the Council; and, be it �i'i � '. 1 FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting 2 any acrivity which might be inconsistent with the said pending study and any amendments to the 3 City's comprehensive plan or zoning code which may result from it, no permits or licenses shall 4 be issued ar granted for the establishment, conversion or expansion of any pawn shop from this 5 date and until the expuation of three (3) mottths or until such time as the City Council has taken 6 action on the recommendation contaiued in the study as allowed by Minn. Stat. § 462.355, Subd. 7 4; and, be it 9 FURTHER RESOLVED, that for the purposes of this resolution and the study to be done 10 by the Department of Plauving and Economic Development, a tobacco shop is any business 11 establishment for which tobacco related sales comprise forry (40) percent of the business 12 establishmenYs total a oss receipts; and, be it 13 14 FURTHER RESOLVED, that the City specifically reserves the right to extend the 15 restriction contained in this resolution and in the accompanying interim ordinance by action of 16 the City Council for such additional periods as are necessary to compiete a planning study, not 17 exceeding a total additional three (3) months as allowed by Minn. Stat. § 462355, Subd. 4. ORIGIi�AL Requested by Depastment of: By: Form roved by City a torney By: ,t� �`- 3-9k Adoption Certi£ied by Council Secretary Approved by Mayor for Su mission to Council By: \ \ a..--� c�- k--'! �� $Y Appxoved by Mayor: ate By: � ` �� - � ,s ��`�� Adopted by Council: Date�,,,,,� � c� ,\�q� ��` �ARTMINT/OFFICElCAUNCIL c�ty coun��i VTAC7 PQZSON & PHONE Scott Renstrom 6-8660 >r ae ota couric�� ncaon sr (onr� AuQUSt 19, 1998 DATE INrtMTEI 8/19/98 ASSIGN xurem cae ROUi1MG ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET No u�� u�� ❑ arc.,rouEV ❑ rnr«snrz _ ❑ w�nxu.i.aoeu¢rsax ❑ ww¢�um ❑ WvonlortASmsriurtl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) �tX �`1t� 62353 Resolution establishing a moratorium on currency exchanges, pawn shops, tobacco shops, second hand stores, or other similar uses stores, pending a review and recommendation by the Planning and Economic Development Department and the Planning Commission. PLANNING COMMISSION CIB COMMRTEE CNIL SERVICE COMMISSION , �'"I�P��i OF TRANSACTION SOURCE Why) Flas fhis aersor�rm e.er wwkea unae. a cono-aa r« u,is aepanme�m VES NO Flas thie peraoNfirtn ever been a aty empbyceT YES NO Dces this persoMirm P� a sidll not normal�YP�� bY anY curtHR dly empbyee'! YES NO Is Mis pereoNf�m a targetetl vendoR YES NO Yain all v�a answers on seoarate sheet arM attaCh M nreen sheet COST/REVRlUE BUDfiHTED (GRCLE ON� ACTNRYNUMBER YES NO (��M �� - � �s CITI' OF SAINT PALTL 390 Ciry Hall Telephone: 612-266-8510 NormCo[eman,Mayor ISWestKelloggBoulevard Facsimile:612-266-8513 Saini Paul, MN 55102 September 16, 1998 Council President Dan Bostrom and Members of the City Council 320-B City Hall Saint Paul, Minnesota 55102 RE: City Council File 98-765 (Pawn Shop Moratorium Resolution) Dear President Bostrom and Members of the City Council: With this letter I am returning to you, without my approval, the Council Resolution prescri6ing a 90-day moratorium on the issuance of pernuts and licenses for pawn shops. I disapprove of this Resolution, and I oppose the corresponding ordinance which now awaits Council action, for the same reasons which I have opposed past Council efforts to regulate legal businesses through the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for tcue emergencies. To impose a moratorium upon the licensure of legal business activity pending the outcome of a study justifying the curtailment of such business is, in my view, an inappropriate method of business regulation. It disrupts the orderly process of normal permitting and licensure, it interferes with legitimate commercial expectations of order(y and thoughtful regulation, and, by doing sq it sends a negative message to the entire business community about the City's regulatory processes. I note that both the Saint Paul Chamber of Commerce and the Business Review Council have shared with you opinions similar to mine, and both oppose the moratorium at issue. I urge you to give serious consideration to these opinions, as well as to those of individual business owners who also have voiced opposition to this moratorium. While I stand in opposition to the enclosed Council Resolution, I am mindful that it represents a significant reduction from the original proposal, which called for a year-long moratorium on licensure of four separate business activities. The current proposal affects just one industry, that of pawn brokering, and the moratorium period has been reduced to ninety days. I also am mindful that this Resolution was adopted with enough votes to override a mayoral veto. For these reasons I have not exercised that option. Nevertheless, I strongly urge the Council to reconsider its position on this matter and to reject the proposed ordinance. � ��.��s Members of the City Council Page Two September 16, 1998 Finally, let me assure you that my comments do not reflect an absence of sensitivity to the neighborhood concerns sometimes occasioned by businesses of this variety. It is my firm belief, however, that such concerns can be adequately addressed through appropriate zoning and licensure restrictions. If changes in the current laws are needed, that can be demonstrated through the study which the Council has requested from PED. In that event, prompt corrective action can thereafter be adopted by the City Council. This is the orderly course of business regulation which I urge the Council to follow on this and all similar issues. Si ce ly, o � ole �`'�� Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce ��..��a�a - a i ��1°�g OR�G#NAL Presented By Referred To 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 � CouncIl File # 98-765 Green Sheet # 6235,� 3� Committee: 'WFiEREAS, the City is authorized to establish interim ord' ances to regulate, restrict or prohibit any use or development, in all or part of the City, whil onducting plauning studies or when it has authorized a planning study to be conducted for purposes of considering adoption or asnendments of the City's comprehensive plan and offic' zoning controls; and WHEREAS, the City of Saint Paul is prese its zoning code. One major goal of the revision is residential neighborhoods. Other goals of the zo ' g code revisions include encouraging investment in residential properties, promoting me ownership, preserving the vitality of City neighbarhoods and, as a whole, insuring that e City is a desirable place in which to live, work, and visit; and WHEREAS, currency e conditions, pawn shops are first ° are first pei �re first perxnitted in B-3 districts subject to special in B-2 districts, and so called "tobacco shops" � in B-1 districts; and WF3EREAS, the Counci �the City of Saint Paul is concerned about the proximity of currency exchanges, pawn sho ,� bacco shops , , to such sensitive uses as residential eighborhoods, schools, churches, parks and childcare facilities; and WHEREAS, Be use important land use, zoning other regulatory issues are often associated with uses li e currency eschanges, pawn shops� o acco shops �P�^^a'�°~a °*�~�� ^- ..�>� ^+'�°- °;^�;'°-,.°° a s dy is needed to determine whether the City's present comprehensive plan and zoning code c tain adequate safeguards which will provide for the orderly approval and development of t ese uses in the City; and WHE AS, until such time as a study of the City's present com r ensive plan and zoning cod , as they pertain to uses like currency exchanges, pawn shops,�o"1�acco shops, sesei3 �'--•�-, -°--=�--='°-• •-°-, is completed to deternune whether the comprehensive plan zoning code presently contain adequate safeguards providing for the arderly approval and velopment of such uses and for the Council to act upon the study and any rec endations it may contain, the City Council desires to temporarily ro ibit the e blishment, expansion or relocafion of cunency exchanges, pawn shopS�foGacco shops, _ _ _ _ in the Ciry; THEREFORE, BE IT RESOLVED, that an interim ordinance should be adopted to protect the planning process and to promote the public health, safety and welfaze. Accardingly, the City Council directs the Department of Plamiing and Economic Development to immediately undertake RESOLUTION CITY OF SAINT PAUL, MINNESOTA I in a comprehensive revision of land use conflicts near or within studies of the City's c mprehensive plan and official zoning controls relating to pawn shops, � currency exchange y smoke shops, , and to submit a report �� and any recommendations to the Council; AND BE IT FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting any activity which might be inconsistent with the said pending study and any amendments to the City's comprehensive plan or zoning code which may result from it, no permits or licenses shall be issued or�ranted for the establishment, conversion or esp 'on of any currency exchange, pawn sho�oke shop, from this date and until the expirarion of twelve (12) months or until such time as the ty Council has taken action on the recommendation contained in the study as aliowed by M' Stat. § 462355, Subd. 4; AND BE IT FURTHER RESOLVED, that for the purposes of accompanying interim ordinance, a smoke shop is any business related sales comprise forry (40) percent of the business establ' . AND >olution and the �hment for which tobacco s total gross receipts; BE IT FURTHER RESOLVED, that the City ecifically reserves the right to extend the reshiction contained in this resolution and in the ac mpanying interim ordinance by action of the City Council for such additional periods as ar necessary to complete a plamiing study, not exceeding a total additional eighteen (18) mon s as allowed by Minn. Stat. § 462355, Subd. 4; AI3D BE IT FINALLY RESOLVED, at in cases of hardship, any person aggrieved by the requirements of this resolution and th mterim ordinance may apply for a waiver of all or part of the applicable restrictions. Such ap ication sha11 be made to the zoning administrator who sha11 forward it for review by the pi ng administrator who shall make a recommendafion and forcvard the same to the City C cil for final determination. Upon the receipt of such an application, the zoning admiri trator shall also provide nofice of the applicafion to neighborhood organizations and concerne citizens as detailed in Chapter A-11 of the Saint Paul Administrarive Code. A 'ver may be granted where the City Council fmds that the waiver will not affect the integrity o the planning process and that the purposes for which this resolution and the interim ordinance ere enacted will be served by such waiver. � �5 Requested by Department of: Adopted by Co ci] Adoption Ce ifiec BY' Approv by Mayor: By' . Date by Council Secretary By: Form Approved by City Attorney B �J��-� �/l5�� Approved by Mayor for Submission to Council By: Date OR#GINAL ,, ` ([[�� ' DEPAATMIFNT OF PLAT�IN(NG ^ f C ,�� & ECONOMIC DEVELOPMEN( �(� � � � �L� PameN Wdee%ek Dtrector �� CITY OF SA�I'f PAUL Norm Co[eman, Mayor DATE: 15 WesrfovrrhStreer Sainr Pavf, MN 55102 Facsimile Transmission Cover Sheet August 26,1998 TO: Aan Sostrom, Council CLair Jerry Blakey, Councilmembee C6ris Coleman, Counciimember Michsel Hams, Councilmember Jay Benanav, Councilmember 3im Reiter, Councilmember Kat6�y Lantry, Councilmember Gerry 3trathman Mayor Norm Coleman Tom X�abel Sob Kessler FROM: Martha Faust PED • Message: Tekphorm; 6I7-166-6655 Faesimik: 612-22&3261 No. pages: 266-8574 Z66-8513 266-9124 228-3261 If you did nat receive all the pages o£ this transmission, please call: Sonja -266-6565 b0iS9'd i9z£8zZSS9 Q3d S£:60 866S-9Z—'Jfld ,t DEPAR?MENTOFPLANNING 6t ECONOtvllC DEYELOPMINf Pmnefa WJieelock Dinttcr CTI'Y OF SAJNI' PAUL Norm Co%man, Mayor DATE: TO: FROM: August 25, 1998 Council President i� 25 WesLFarvrkSVeet SaWPauS MN55701 and Members of the City Council �� _ ��5 Tcisphons: 6/2-266-6565 Faes "rmt[e: 6I7-128d31 �f RE: Information�ab�ut the Proposed Zoniag Study of Pawn Shops, Currency Exchanges, Smoke SLops, aud Second-hand Stores (Conncil Files 98-765 and 76� The P�D mning staff gave me the attached memo containing a little backgcound on zonSng studies done on pawn shops and curcency exchanges in the past five yeazs. They raise legitiznate issues which suggest this may not be the best way to achieve the goal set out and may divert staff from other priority efforts. In any case, I wanted to pass this information along to the Council before tomorrow's discussion at the Council meeting. If you have any questions call me at 266-6628, or Larry Soderholm at 266-6575 or Martha Faust at 266-6572. cc: Mayor Coleman Gerry Strathrrtan Bob Kessler Tom Fabel b0/Za'd S9z�8zZSS9 Q3d 9E:60 866S-9Z—�J(ltl DEPARTMENY OF PLANNtNQ 8c ECONOM[C DEVELAPMEN't CTIY OF SAINT PAUL Norm Coleman. Muyo� �� Date: August 25, 1998 To: Pam Wheelock From: Martha Faust ( ►K Larry Soderholm� 75 iYu[Foureh Street SoinlPmil MNi5702 Re: Zoning Studies: Pawn Shops, Currency Exchanges, etc. ��,�� Tefephone: 612-266-6565 Fauimde.• 612-2283261 Last week Council President Bostrom asked for a moratoriwm and zoning study oa currency exchanges, gawn shops, tobacco shops and secondhand shops, and "other similar uses". The Council will consider this matter again at tlus Wednesday's meeting. Following is the status of recent zoning studies on these uses: Currenc�Exchan�es: Ihe Council initiated a zoning study of currency exchanges in August, 1993. Prior to that time, they had not been specifically pemutted in ihe code. One of the concems e�cpressed about currency exchanges was the number of police calls they generated (more than double the annual average number for banks). As a result of Yhe study the Council resuiated the location of currency exchanges to B-2, B-3, B-h, B-5, I-1, and I-2 mning districts, (the same as banks) and also imposed a 100 foot spacing requirement from any residential use. There were nine cusrency exchange businesses in existence in St. Paul at the time of the study; today abouY twelve currency �changes exist. Pawn Shoos: In January, 1995 at the request of the Palice Depariment, the Council initiated a wning study of pawn shops, and impased a one-yeaz moratorium on the establishmeat of new pawn shaps (subsequently extended for a second year). At the time, the Po]ice Aepartment relied on paper records to track potentially stolen merchandise. During the course of the study, an electronic tracking system for pawned items was established. The Council appraved pawn shops as a pernutted use in B-4, B-5, and I-I districts, and as a special conditional use in the B-2, B-2C, and B-3 disiricts. Spacing requirements were discussed buY ulrimately not adopted. Eleven pawn shops existed at the time of the study; cunenfly LIEP has granted twelve pawn shop licenses. Two new pawn shops are currently applying for SCtIPs. Tobaceo Shons: Tobacco or "smoke" shops have not been studied to date. Council President b0/£0'd I9z�BZZL59 Q3d 9£:60 866S-9z—�Jfld ��d �dlal �, �� Bostrom's proposed resolution classifies a smoke shop as a business with tobacco sales comprising 40 percent of its overall gross receipts. LIEP currentiy does not track tobacco shops according to this classification. T4iere are 442 tobacco licenses issued in the city at ptesent. Second Hsnd Shons: LIEP licenses second hand dealers, and currently has issued 1901icenses for such uses. These uses include antique shops, auto dealers, consignment stores, etc. CON�IONS 1) PED has studied two of four of these uses in the past five yeats, with resulting zestrictions added to the zoning code. These studies ariginated from concems similaz to ones voiced by Council President Bostrom. 2) The study proposed is very complicated because it proposes that multiple types of businesses be spaced from multiple protected uses (residences, schools, churches, parks, and child care facilities); it also includes "other similat uses" which broadens the study even furtlier. 3) Zoning staff aze concemed that the proposed study wilI delay other priorities such as MNRR.A Tier II, residential opp9nunities and streaznlining, Phalen Comdor zoning, urban village zoning, and other neighborhood zoning issues. 4) The process for abtaining a waiver to the moratorium (outlined in the resolution) is convoluted. 'fhe resolution calls for a waiver application to be made to the zoning administrator who forwards it for teview to the plattning administrator, who makes a recommendation to the City Council. cc: A1 Lovejoy Bob Kessler Wendy Lane Christine Ro2ek bBibO'd S9z£8z2SS9 Q3d 9£:60 866L-9z-�fld oR��NA�. 1 'M �`� d e c�, U e Y S i c'f ;�V �� f�' �jSs Council File #� g=_'�,� �J Green sheet # � �. 3 5 3 RESOLUTION CITY OP' SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date 1 WI�REAS, the City is authorized to establish interim ordinances to regulate, restrict or 2 prohibit any use or development, in all or part of the City, while conducting planning studies or 3 when it has authorized a planniixg study to be conducted for the purposes of considering adoption 4 or amendments of the City's comprehensive plan and official zoning controls; and 6 WI�REAS, the City of Saint Paul is presently engaged in a comprehensive revision of 7 its zoning code. One major goal of the revision is to minimize land use conflicts near or within 8 residential neighborhoods. Other goals of the zoning code revisions include encouraging 9 investment in residenfial properties, promoting home ownership, preserving the vitality of City 10 neighborhoods and, as a whole, insuring that the City is a desirable place in which to live, work, 11 and visit; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, pawn shops aze first perniitted in B-2 districts, and so called "tobacco shops" are first permitted in B-1 districts; and WI-IEREAS, the Council of the Ciry of Saint Paul is concemed about the proximity of pawn shops and tobacco shops to such sensitive uses as residential neighborhoods, schools, churches, parks and childcare facilities; and WHEREAS, because important land use, zoning and other regulatory issues aze often associated with uses like pawn shops and tobacco shops, a study is needed to determine whether the City's presentcomprehensive plan and zoning code contain adequate safeguards which wiil provide for the orderly approval and development of these uses in the City; and WHEREAS, until such time as a study of the City's present comprehensive plan and zoning code, as they pertain to pawn shops, is completed to determine whether the comprehensive plan and zoning code presently contain adequate safeguazds providing for the orderly approval and development of such use and for the Council to act upon the study and any recommendations it may contain, the City Council desires to temporarily prohibit the estabiishment, expansion or relocation of pawn shops in ihe City; now, therefore, be it RESOLVED, that an interun ordinance should be adopted to protect the planning process and to promote the public health, safety and welfaze. Accardingly, the City Council directs the Department of Planning and Economic Development to immediately undertake studies of the CiTy's comprehensive pian and official zoning controis relating to pawn shops and tobacco shops and to submit a report and any recommendations to the Council; and, be it �i'i � '. 1 FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting 2 any acrivity which might be inconsistent with the said pending study and any amendments to the 3 City's comprehensive plan or zoning code which may result from it, no permits or licenses shall 4 be issued ar granted for the establishment, conversion or expansion of any pawn shop from this 5 date and until the expuation of three (3) mottths or until such time as the City Council has taken 6 action on the recommendation contaiued in the study as allowed by Minn. Stat. § 462.355, Subd. 7 4; and, be it 9 FURTHER RESOLVED, that for the purposes of this resolution and the study to be done 10 by the Department of Plauving and Economic Development, a tobacco shop is any business 11 establishment for which tobacco related sales comprise forry (40) percent of the business 12 establishmenYs total a oss receipts; and, be it 13 14 FURTHER RESOLVED, that the City specifically reserves the right to extend the 15 restriction contained in this resolution and in the accompanying interim ordinance by action of 16 the City Council for such additional periods as are necessary to compiete a planning study, not 17 exceeding a total additional three (3) months as allowed by Minn. Stat. § 462355, Subd. 4. ORIGIi�AL Requested by Depastment of: By: Form roved by City a torney By: ,t� �`- 3-9k Adoption Certi£ied by Council Secretary Approved by Mayor for Su mission to Council By: \ \ a..--� c�- k--'! �� $Y Appxoved by Mayor: ate By: � ` �� - � ,s ��`�� Adopted by Council: Date�,,,,,� � c� ,\�q� ��` �ARTMINT/OFFICElCAUNCIL c�ty coun��i VTAC7 PQZSON & PHONE Scott Renstrom 6-8660 >r ae ota couric�� ncaon sr (onr� AuQUSt 19, 1998 DATE INrtMTEI 8/19/98 ASSIGN xurem cae ROUi1MG ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET No u�� u�� ❑ arc.,rouEV ❑ rnr«snrz _ ❑ w�nxu.i.aoeu¢rsax ❑ ww¢�um ❑ WvonlortASmsriurtl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) �tX �`1t� 62353 Resolution establishing a moratorium on currency exchanges, pawn shops, tobacco shops, second hand stores, or other similar uses stores, pending a review and recommendation by the Planning and Economic Development Department and the Planning Commission. PLANNING COMMISSION CIB COMMRTEE CNIL SERVICE COMMISSION , �'"I�P��i OF TRANSACTION SOURCE Why) Flas fhis aersor�rm e.er wwkea unae. a cono-aa r« u,is aepanme�m VES NO Flas thie peraoNfirtn ever been a aty empbyceT YES NO Dces this persoMirm P� a sidll not normal�YP�� bY anY curtHR dly empbyee'! YES NO Is Mis pereoNf�m a targetetl vendoR YES NO Yain all v�a answers on seoarate sheet arM attaCh M nreen sheet COST/REVRlUE BUDfiHTED (GRCLE ON� ACTNRYNUMBER YES NO (��M �� - � �s CITI' OF SAINT PALTL 390 Ciry Hall Telephone: 612-266-8510 NormCo[eman,Mayor ISWestKelloggBoulevard Facsimile:612-266-8513 Saini Paul, MN 55102 September 16, 1998 Council President Dan Bostrom and Members of the City Council 320-B City Hall Saint Paul, Minnesota 55102 RE: City Council File 98-765 (Pawn Shop Moratorium Resolution) Dear President Bostrom and Members of the City Council: With this letter I am returning to you, without my approval, the Council Resolution prescri6ing a 90-day moratorium on the issuance of pernuts and licenses for pawn shops. I disapprove of this Resolution, and I oppose the corresponding ordinance which now awaits Council action, for the same reasons which I have opposed past Council efforts to regulate legal businesses through the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for tcue emergencies. To impose a moratorium upon the licensure of legal business activity pending the outcome of a study justifying the curtailment of such business is, in my view, an inappropriate method of business regulation. It disrupts the orderly process of normal permitting and licensure, it interferes with legitimate commercial expectations of order(y and thoughtful regulation, and, by doing sq it sends a negative message to the entire business community about the City's regulatory processes. I note that both the Saint Paul Chamber of Commerce and the Business Review Council have shared with you opinions similar to mine, and both oppose the moratorium at issue. I urge you to give serious consideration to these opinions, as well as to those of individual business owners who also have voiced opposition to this moratorium. While I stand in opposition to the enclosed Council Resolution, I am mindful that it represents a significant reduction from the original proposal, which called for a year-long moratorium on licensure of four separate business activities. The current proposal affects just one industry, that of pawn brokering, and the moratorium period has been reduced to ninety days. I also am mindful that this Resolution was adopted with enough votes to override a mayoral veto. For these reasons I have not exercised that option. Nevertheless, I strongly urge the Council to reconsider its position on this matter and to reject the proposed ordinance. � ��.��s Members of the City Council Page Two September 16, 1998 Finally, let me assure you that my comments do not reflect an absence of sensitivity to the neighborhood concerns sometimes occasioned by businesses of this variety. It is my firm belief, however, that such concerns can be adequately addressed through appropriate zoning and licensure restrictions. If changes in the current laws are needed, that can be demonstrated through the study which the Council has requested from PED. In that event, prompt corrective action can thereafter be adopted by the City Council. This is the orderly course of business regulation which I urge the Council to follow on this and all similar issues. Si ce ly, o � ole �`'�� Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce ��..��a�a - a i ��1°�g OR�G#NAL Presented By Referred To 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 � CouncIl File # 98-765 Green Sheet # 6235,� 3� Committee: 'WFiEREAS, the City is authorized to establish interim ord' ances to regulate, restrict or prohibit any use or development, in all or part of the City, whil onducting plauning studies or when it has authorized a planning study to be conducted for purposes of considering adoption or asnendments of the City's comprehensive plan and offic' zoning controls; and WHEREAS, the City of Saint Paul is prese its zoning code. One major goal of the revision is residential neighborhoods. Other goals of the zo ' g code revisions include encouraging investment in residential properties, promoting me ownership, preserving the vitality of City neighbarhoods and, as a whole, insuring that e City is a desirable place in which to live, work, and visit; and WHEREAS, currency e conditions, pawn shops are first ° are first pei �re first perxnitted in B-3 districts subject to special in B-2 districts, and so called "tobacco shops" � in B-1 districts; and WF3EREAS, the Counci �the City of Saint Paul is concerned about the proximity of currency exchanges, pawn sho ,� bacco shops , , to such sensitive uses as residential eighborhoods, schools, churches, parks and childcare facilities; and WHEREAS, Be use important land use, zoning other regulatory issues are often associated with uses li e currency eschanges, pawn shops� o acco shops �P�^^a'�°~a °*�~�� ^- ..�>� ^+'�°- °;^�;'°-,.°° a s dy is needed to determine whether the City's present comprehensive plan and zoning code c tain adequate safeguards which will provide for the orderly approval and development of t ese uses in the City; and WHE AS, until such time as a study of the City's present com r ensive plan and zoning cod , as they pertain to uses like currency exchanges, pawn shops,�o"1�acco shops, sesei3 �'--•�-, -°--=�--='°-• •-°-, is completed to deternune whether the comprehensive plan zoning code presently contain adequate safeguards providing for the arderly approval and velopment of such uses and for the Council to act upon the study and any rec endations it may contain, the City Council desires to temporarily ro ibit the e blishment, expansion or relocafion of cunency exchanges, pawn shopS�foGacco shops, _ _ _ _ in the Ciry; THEREFORE, BE IT RESOLVED, that an interim ordinance should be adopted to protect the planning process and to promote the public health, safety and welfaze. Accardingly, the City Council directs the Department of Plamiing and Economic Development to immediately undertake RESOLUTION CITY OF SAINT PAUL, MINNESOTA I in a comprehensive revision of land use conflicts near or within studies of the City's c mprehensive plan and official zoning controls relating to pawn shops, � currency exchange y smoke shops, , and to submit a report �� and any recommendations to the Council; AND BE IT FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting any activity which might be inconsistent with the said pending study and any amendments to the City's comprehensive plan or zoning code which may result from it, no permits or licenses shall be issued or�ranted for the establishment, conversion or esp 'on of any currency exchange, pawn sho�oke shop, from this date and until the expirarion of twelve (12) months or until such time as the ty Council has taken action on the recommendation contained in the study as aliowed by M' Stat. § 462355, Subd. 4; AND BE IT FURTHER RESOLVED, that for the purposes of accompanying interim ordinance, a smoke shop is any business related sales comprise forry (40) percent of the business establ' . AND >olution and the �hment for which tobacco s total gross receipts; BE IT FURTHER RESOLVED, that the City ecifically reserves the right to extend the reshiction contained in this resolution and in the ac mpanying interim ordinance by action of the City Council for such additional periods as ar necessary to complete a plamiing study, not exceeding a total additional eighteen (18) mon s as allowed by Minn. Stat. § 462355, Subd. 4; AI3D BE IT FINALLY RESOLVED, at in cases of hardship, any person aggrieved by the requirements of this resolution and th mterim ordinance may apply for a waiver of all or part of the applicable restrictions. Such ap ication sha11 be made to the zoning administrator who sha11 forward it for review by the pi ng administrator who shall make a recommendafion and forcvard the same to the City C cil for final determination. Upon the receipt of such an application, the zoning admiri trator shall also provide nofice of the applicafion to neighborhood organizations and concerne citizens as detailed in Chapter A-11 of the Saint Paul Administrarive Code. A 'ver may be granted where the City Council fmds that the waiver will not affect the integrity o the planning process and that the purposes for which this resolution and the interim ordinance ere enacted will be served by such waiver. � �5 Requested by Department of: Adopted by Co ci] Adoption Ce ifiec BY' Approv by Mayor: By' . Date by Council Secretary By: Form Approved by City Attorney B �J��-� �/l5�� Approved by Mayor for Submission to Council By: Date OR#GINAL ,, ` ([[�� ' DEPAATMIFNT OF PLAT�IN(NG ^ f C ,�� & ECONOMIC DEVELOPMEN( �(� � � � �L� PameN Wdee%ek Dtrector �� CITY OF SA�I'f PAUL Norm Co[eman, Mayor DATE: 15 WesrfovrrhStreer Sainr Pavf, MN 55102 Facsimile Transmission Cover Sheet August 26,1998 TO: Aan Sostrom, Council CLair Jerry Blakey, Councilmembee C6ris Coleman, Counciimember Michsel Hams, Councilmember Jay Benanav, Councilmember 3im Reiter, Councilmember Kat6�y Lantry, Councilmember Gerry 3trathman Mayor Norm Coleman Tom X�abel Sob Kessler FROM: Martha Faust PED • Message: Tekphorm; 6I7-166-6655 Faesimik: 612-22&3261 No. pages: 266-8574 Z66-8513 266-9124 228-3261 If you did nat receive all the pages o£ this transmission, please call: Sonja -266-6565 b0iS9'd i9z£8zZSS9 Q3d S£:60 866S-9Z—'Jfld ,t DEPAR?MENTOFPLANNING 6t ECONOtvllC DEYELOPMINf Pmnefa WJieelock Dinttcr CTI'Y OF SAJNI' PAUL Norm Co%man, Mayor DATE: TO: FROM: August 25, 1998 Council President i� 25 WesLFarvrkSVeet SaWPauS MN55701 and Members of the City Council �� _ ��5 Tcisphons: 6/2-266-6565 Faes "rmt[e: 6I7-128d31 �f RE: Information�ab�ut the Proposed Zoniag Study of Pawn Shops, Currency Exchanges, Smoke SLops, aud Second-hand Stores (Conncil Files 98-765 and 76� The P�D mning staff gave me the attached memo containing a little backgcound on zonSng studies done on pawn shops and curcency exchanges in the past five yeazs. They raise legitiznate issues which suggest this may not be the best way to achieve the goal set out and may divert staff from other priority efforts. In any case, I wanted to pass this information along to the Council before tomorrow's discussion at the Council meeting. If you have any questions call me at 266-6628, or Larry Soderholm at 266-6575 or Martha Faust at 266-6572. cc: Mayor Coleman Gerry Strathrrtan Bob Kessler Tom Fabel b0/Za'd S9z�8zZSS9 Q3d 9E:60 866S-9Z—�J(ltl DEPARTMENY OF PLANNtNQ 8c ECONOM[C DEVELAPMEN't CTIY OF SAINT PAUL Norm Coleman. Muyo� �� Date: August 25, 1998 To: Pam Wheelock From: Martha Faust ( ►K Larry Soderholm� 75 iYu[Foureh Street SoinlPmil MNi5702 Re: Zoning Studies: Pawn Shops, Currency Exchanges, etc. ��,�� Tefephone: 612-266-6565 Fauimde.• 612-2283261 Last week Council President Bostrom asked for a moratoriwm and zoning study oa currency exchanges, gawn shops, tobacco shops and secondhand shops, and "other similar uses". The Council will consider this matter again at tlus Wednesday's meeting. Following is the status of recent zoning studies on these uses: Currenc�Exchan�es: Ihe Council initiated a zoning study of currency exchanges in August, 1993. Prior to that time, they had not been specifically pemutted in ihe code. One of the concems e�cpressed about currency exchanges was the number of police calls they generated (more than double the annual average number for banks). As a result of Yhe study the Council resuiated the location of currency exchanges to B-2, B-3, B-h, B-5, I-1, and I-2 mning districts, (the same as banks) and also imposed a 100 foot spacing requirement from any residential use. There were nine cusrency exchange businesses in existence in St. Paul at the time of the study; today abouY twelve currency �changes exist. Pawn Shoos: In January, 1995 at the request of the Palice Depariment, the Council initiated a wning study of pawn shops, and impased a one-yeaz moratorium on the establishmeat of new pawn shaps (subsequently extended for a second year). At the time, the Po]ice Aepartment relied on paper records to track potentially stolen merchandise. During the course of the study, an electronic tracking system for pawned items was established. The Council appraved pawn shops as a pernutted use in B-4, B-5, and I-I districts, and as a special conditional use in the B-2, B-2C, and B-3 disiricts. Spacing requirements were discussed buY ulrimately not adopted. Eleven pawn shops existed at the time of the study; cunenfly LIEP has granted twelve pawn shop licenses. Two new pawn shops are currently applying for SCtIPs. Tobaceo Shons: Tobacco or "smoke" shops have not been studied to date. Council President b0/£0'd I9z�BZZL59 Q3d 9£:60 866S-9z—�Jfld ��d �dlal �, �� Bostrom's proposed resolution classifies a smoke shop as a business with tobacco sales comprising 40 percent of its overall gross receipts. LIEP currentiy does not track tobacco shops according to this classification. T4iere are 442 tobacco licenses issued in the city at ptesent. Second Hsnd Shons: LIEP licenses second hand dealers, and currently has issued 1901icenses for such uses. These uses include antique shops, auto dealers, consignment stores, etc. CON�IONS 1) PED has studied two of four of these uses in the past five yeats, with resulting zestrictions added to the zoning code. These studies ariginated from concems similaz to ones voiced by Council President Bostrom. 2) The study proposed is very complicated because it proposes that multiple types of businesses be spaced from multiple protected uses (residences, schools, churches, parks, and child care facilities); it also includes "other similat uses" which broadens the study even furtlier. 3) Zoning staff aze concemed that the proposed study wilI delay other priorities such as MNRR.A Tier II, residential opp9nunities and streaznlining, Phalen Comdor zoning, urban village zoning, and other neighborhood zoning issues. 4) The process for abtaining a waiver to the moratorium (outlined in the resolution) is convoluted. 'fhe resolution calls for a waiver application to be made to the zoning administrator who forwards it for teview to the plattning administrator, who makes a recommendation to the City Council. cc: A1 Lovejoy Bob Kessler Wendy Lane Christine Ro2ek bBibO'd S9z£8z2SS9 Q3d 9£:60 866L-9z-�fld