09-1364Suspension - December 16, 2009 Council Fi�e # 09-1364
Green Sheet # 3092517
RESOLUTION
' O SAINT P�3UJ.aHI1NNESOTA
Presented by
WHEREAS, the �b,y:�oning code, at Leg. Code § 66101(e) pzesently 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 standazds;" and
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5 WHEREAS, the City's zoning code contains various provisions and standards for certain specified uses
6 that require these uses to be separated from one another, generally by distance, so that no two uses so
7 regulated may be combined on a parcel 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 conditiox�al use in the City's B3 zoning district and
is a permitted use in the City's B4 and BS dish In the City's indushial districts, a currency exchange is
first permitted in an Il dishict while a pawn shop is classified as a conditional use in an Il district. 3�Teither
use is permitted in the City's residential dishicts nor would they be permitted in the City's TN districts
without a determination of similar use; and
WHEREAS, it has been brought to the City's attention that some businesses in the City have been able to
open and operate what are, in essence, cunency 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 2oning 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 otherwise not be permitted under the City's zoning code wi11 result
in land uses which are not consistent with the City's zoning ordinances, comprehensive plans, and ongoing
planning and development goals; and
WHEREAS, in light of the apparent inability of the City's present o�cial controls to adequately regulate
new currency exchanges from opening within businesses in zoning districts where they are not otherwise
perxnitted, the City Council, for the purpose of protecting the general health, welfare and safety of the
public and for the purpose of preserving the status quo with respect to present land uses within the City,
desires to immediately prohibit, subj ect to any exception provided for below, the establishment of any new
currency exchanges within an existing business, on any parcel of land or part thereof within the boundaries
of the City, until such time as a study of the problem and issues has been conducted, completed, and
reported by the planning commission to Council and the Council has taken action on any recommendations
arising therefrom; NOW, THEREFORE,
BE IT RESOLVED, that the City's planning commission shall undertake a study of currency exchanges
and how currency exchanges are regulated by State statute such that currency exchanges may be opened
pursuant to a State banking statute and not be subject to regulation under the City's zoning powers as a
principal or accessory use; and
BE IT FURTHER RESOLVED, that upon 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
/.Z+ tt -u-oF
09-1364
43 permits, site plan and lot split or plat approvals, building permits or occupancy certificates, for any
44 currency exchange located or otherwise operating within any another principal use, is hereby prohibited
45 until the expiration of rivelve months as provided in Minn. Stat. § 462.355, Subd. 4 or until such earlier
46 time as the City Council has taken action on and enacted any recommendation forthcoming from the said
47 zoning study; and
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BE IT FURTHER RESOLVED, until such time as the said study has been completed and acted upon by
the City Council, City departments receiving written requests for the approvals noted herein shall accept
complete requests and immediately process them in accordance with the provisions of Minn. Stat. § 15.99,
Subd. 2 and consistent with the intent expressed in this resolution and an accompanying interim ordinance
which will be adopted at a later date consistent with the City's Charter; and
BE IT FINALLY RESOLVED, that the moratorium provided for herein, shall be enacted as an interim
ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 under a separate ordinance adopted in conformance
with City Charter Chap. 6, but for the computation of the duration of the interim ordinance, the effective
date of the interim ordinance is the same as the original effective date of Council File 09-1349.
Bostrom
Stark
Adopted by Council: Date
Yeas� Nays � Absent� Requested by Department of:
✓
✓
✓
ra
Adoption Cer / by Cou 1 Secretary
BY / f //" s9/�d`l"il,ii�Sd� .
Approved by Mayor: Date 2 `Z �`a
B Y' ���
By:
Approved by the Office of Financial Seroices
By:
Approved b ity Attorney � � °4 ��
By . � /,./��G,�-��-- /2 - lG - o �
Approved by Mayor foz Submission to Council
By:
� Green Sheet Green Sheet
09-136�
Green Sheet Green Sheet Green Sheet Green Sheet
, DepartmentlOfficelCauncii: Date Initiated:
? co-��°°°�� j 17DEC2009 Green Sheet NO: 3092517
� � �
� Contact Person R Phone: ! 1 DepaAmeM SeMTo Person InHiailDate �
� CouncilmemberThune � a Goaow II ----- I �
I� 26 6-8610 � � I 1 Council � Deparmieut D'uector 4
I Must Be on Council Agenda by (Date); i Number i 2�LltS' Clerk � �ry Clerk I I
� 23DEC-09 i For 3 � �
� Routing I 4 I IO �
iDOC.Type:RESOLUTION � Order I 5 � j
� i
E-Document Required: Y
Document ConWCt:
ConWct Phone:
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Reques[ing that the Planning Commission undertake a study on Zoning for C�nency Exchanges, and imposing a moratorium on
ganting any permits or approvals of funue cuttency exchanges.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this person/frm ever worked under a contract for ihis department?
CIB Committee Yes No �
Civil Serv�ce Commission 2. Has this personffirm ever been a city empbyee?
I Yes No
3. Does this person/firm possess a skill not normally possessetl by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues. Opportunity (Who, What, When, Where, Why�:
Advantages If Approved:
Disadvantages If Approved:
DisadvanWges If NotApproved:
Total AmouM of
Trensaction: CosVRevenus Budgeted:
Funding Source: Activity Number:
Financial Information:
(Explain)
December 17, 2009 6:58 PM Page 1