09-1349Suspension 12/09/2009
Council File # 09-1349
Green Sheet # 3091176
RESOLUTION
Presented by
F SAINT PAUL, MINNESOTA
WHEREAS, the City's zoning code, at Leg. Code § 66101(e) presently provides that "any
permitted or conditional uses may be combined on a parcel or within a building, provided that all uses meet
other applicable provisions of this ordinance, including specific development standards;" and
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5 WIIEREAS, the City's zoning code contains various provisions and standards for certain specified
6 uses that require the uses to be separated from one another, generally by distance, so that two uses so
7 regulated may not be combined on a pazcel or within a building; and
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WHEREAS, the City's zoning code variously regulates the location of pawn shops and currency
exchanges. For instance, each use is first permitted as a conditional use in the City's B3 zoning district and
is a perxnitted use in the City's B4 and BS districts. On the City's industrial districts, a currency exchange
is first permitted in an Il district but a pawn shop is classified as a conditional use in an I1 district Neither
use is permitted in the City's residential districts nor would they be permitted in the City's T'N districts
without a determination of similar use; and
WHEREAS, it has been brought to the City's attention that businesses in the City have been able
to open and operate what are, in essence, currency exchanges, by obtaining from the State of Minnesota a
certificate or license to operate as a type of banking company regulated by the State and thereby evade the
City's zoning regulations regarding the location of currency exchanges; and
WHEREAS, the potential for new currency exchanges to operate in zoning districts under a state
banking certificate or license where they would otherwi se not be permitted under the City's zoning code
will result in land uses which are not be consistent with the City's zoning ordinances, comprehensive plans
and ongoing planning and development goals; and
WHEREAS, in light of the problem posed by currency exchanges operating or potentially
operating in zoning districYs where they are not permitted and in light of the appazent inability of the City's
present o�cial controls to adequately regulate new currency exchanges of the type described above, the
City Council desires, fox the purpose of pxotecting the general health, welfaze and safety of the public
pending the conclusion and report of a study on currency exchanges and far the purpose of preserving the
status quo with respect to present land uses within the City, to immediately prohibit, subject to any
exception provided for below, the establishment of new currency exchanges of the type generally described
above, on any parcel of land or part thereof within the boundaries of the City, un61 such time as the
aforementioned study has been completed, reported and the City Council has taken action on any
recommendations arising therefrom; NOW, THEREFORE,
BE IT RESOLVED, that the City sha11 undertake a study of currency exchanges, especially how
currency exchanges may be regulated by State statute such that currency exchanges may be opened under
State statute but not be regulated as a principal use under the City's zoning powers; and
BE IT FURTHER RESOLVED, on any parcel of land or part thereof within the City, pending the
completion of such a study and action by the City Council on the study, the issuance or approval of zoning
09-1349
43 permits, site plan and lot split or plat approvals, and building permits or occupancy certificates for a
44 currency exchange is hereby prohibited until the expiration of twelve months as provided in Minn. Stat. §
45 462.355, Subd. 4 or until such earlier time as the City Council has taken action on the recommendations
46 contained in the said study; and
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48 BE IT FiJRTHER RESOLVED, until such time as the said study has been completed and acted
49 upon by the City Council, City departments receiving written requests for the approvals noted herein shall
50 accept complete requests and immediately process such requests in accordance with the provisions of
51 Minn. Stat. § 15.99, Subd. 2 and consistent with the intent expressed in this resolution and an
52 accompanying interim ordinance which will be adopted at a later date consistent with the City's Charter;
53 and
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55 BE IT FINALLX RESOLVED, that the moratorium provided for herein, shall be enacted as an
56 interim ordinance pursuant to Minn. Stat. § 462355, Subd. 4 under a separate ordinance adopted in
57 conformance with City Charter Chap. 6, but for the computation of the duration of the interim ordinance,
58 the effective date of the interim ordinance is the same as the effective date of this resolution.
Bostrom
Carter
Requested by Department oE
By:
Approved by the Office of Financial Services
Stark
Thune
Adopted by Council:
✓ BY
,/ Appro d b� ity Attorney
/ By: �
Date �'�J d�/�� Approved y Mayor for Submission to Council
Adoprion Cert�ifi Coun 'I Secretary gy;
B➢� / /� /Bli9�iUl>Sdi'Li
Approvecj,by y . Date L
� �G _ _ ` �6
�Y C��J
09-1349
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Contact Persan & Phbne:
Covncilmember Thune
266+8620
Must Be on Council Agenda by (Date):
Type: RESOLUTION
o9oE�zoos ! Green Sheet NO: 3091176
■�
Assign
Number
For
Routing
Order
0 ouucil �� �
1 ,Council . Deparim� ent Direc[or �
2 'tr C7erk I i Ciri Attorpev
3 �I
4 j�
5 I I
E-Document Required: Y
Document Contact:
Contact Phone:
Total � of Signature Pages _(Glip AII Locations for Signature)
Action Requested:
A bridge resolution requesting that the Planning Commission undertake a study on Zoning for Currency Exchanges, and imposing a
moritoriwn on granting any permits or approvals of future Currency Exchanges .
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Foilowing Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
arrent c�ty employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
DisativanWges If Not Approved:
Totai Amount of
Transaction:
Funding Source:
FinanciallnformaUon:
(Explain)
CostlRevenue Budgeted:
Activity Numper:
December 9, 2009 5:02 PM Page 1