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98-766�� p �'Me�c�,. e d PtI�iISHFp ��T ]:� �998 Presented By Referred To 0 Committee Date : An Interim Ordinance preserving the status quo with respect to the use of property within the City of Saint Paul, pending the completion of studies of possible amendments to the City's comprehensive plan and zozung regulafions relating to pawn shops, said Ordinance enacted pursuant to Minn. Stat. § 462355, Subd. 4. The Council of the City of Saint Paul does ordain: Section 1 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 The Saint Paul City Council hereby directs the Department of Planning and Economic Development to undertake a study of the City's comprehensive plan and zoning regulations relating to pawn shops and tobacco shops. The Planning Commission is to study these matters and submit a report to the Council together with any recommendation that the City's present comprehensive plan and zoning regulations pertaining to the above described uses be amended. Section 2 Pending the completion of the study with respect to pawn shops, and for the purposes of prohibiting the establishment, conversion or expansion of any pawn shop as a permitted use within the City of Saint Paul, and until such time as a study of possible amendments to the City's comprehensive plan and zoning code relating to such uses has been completed and the Council of the City of Saint Paul has taken action on any recommendation contained therein, no permit or license for the establishment, conversion ar expansion of any pawn shop sha11 be issued or approved by the City, its officers, employees, agents or commissions. This prohibition is enacted for the purposes of protecting the City's planning process and the health, welfaze and safety of its citizens in addition to the other purposes expressed herein or in an accompanying resolution. Section 3 For a period of time not to exceed 3 months from the effective date of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study of pawn shops and any amendments to the City's comprehensive plan or zoning regulations, the prohibitions with respect to pawn shops herein sha11 continue in full force until a comprehensive policy for the Ciry relating to the above-described uses can be adopted. In the event the studies and recommendations of the Planning Commission and the deliberarions of I r ( �.�-y� U�rs�o�v - 9 a f 9 F� Council File # 98 - � 6 �o Ordinance # Green Sheet # G a1 � as ORDINANCE CITY OF SAINT PAUL, MINNESOTA 1 the City Council require additional time, these prohibirions may be extended, by separate action ��4 2 of the CiTy Council, for additional periods of time not to exceed an additional total extension of 3�� 3 months, as allowed by Minn. Stat. § 462355, Subd. 4. Section 4 10 11 12 13 14 For the purposes of this interim ordinance and any accompanying resolution, a tobacco shop is any business establishment for which tobacco related sales comprise foriy (40) percent of the business establishmenPs total gross receipts. Section 5 This ordinance shall take effect and be in farce 30 days from and after its passage, approval and publication. Requested by Department of: By: Form proved by i A orney BY: 9-3 •98 Adopti Certified by Council Secretary Approved by Mayor for S ission to Council By: T�.�� ---1--1- 1— �,_ B � Approved Mayor ~ Date � \^ t � By: _� l `� � � \,r/ � V � —' � � Adopted by Council: Date � . �.�`9� City Council e :..1 TOTAL # OF SIGNATURE PAGES SJ19/98 Nurm� rors Rovi�NG ORDER GREEN SHEET nEt�rnwrcrort �i8-��G No 62354 Mm,uom. ancoucz ❑ crtrwnonxEr ❑ arrcu.crtK ❑ w�nxuu.asaxcesow. ❑ wawcu�mm�ccrn ❑ wYael��aMry ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) An Interim Ordinance 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 CAMMISSION CIB CAMMITfEE CIVIL SERVICE CAMMISSION IF OFTRANSACTION SOURCE RSONAL SERVICE CONTRAC75 MUST ANSW ERSHE FOLLOWING QUESRONS: Hae Mis persoNfirtn eVerv.nrleed under a conVact far Mi6 dePertmeM7 YES NO Has Mis Pe�ewi/firm e.�er been a cilY emWoYee7 YES NO Does Mis pereoNfirm P�%s a sldN not riormallypossessed bY anY wrreM ap' emPbYee7 YES NO Is Mis persaNfirtn a tarpeted ventla? YES NO cOSimEVEHUE8UDO6TEDlaitc�E ONE) ACSIYRY %UMBER �'1+�`F7 (EXPWNj °`� 'l�� CITY OF SAINT PAUL 390 Ciry Hall Teleplwne: 612-266-8570 Norm Coleman, Mayor IS West Kellogg Boulevard Facsimile: 612-266-SSI3 Saint Paut, MN SSIQ2 .��\ �LL ` � � J/-' October 2, 1998 Council President Dan Bostrom and Members ofthe City Council Third Floor City Hall Saint Paul, Minnesota 55102 Deaz President Bostrom and Members of the City Council: For the second time in recent weeks I am returning to you, without my approval, Council action on the sub}ect of a busittess moratorium. My reasons for not endorsing this ordinance are the same as those expressed in my letter of September 16, 1998, a copy of which is enclosed. While I am accommodating the Council by not exercising a veto on this occasion, I want to do everything in my power to minimize the impact of this moratorium. As a first step, I am directing the Department of Planning and Economic Development to complete and submit to the Council within 30 days the requested study of pawn shops. This should enable very prompt action by the Council on any modifications to our licensing or zoning ordinances which may be warranted by the study. Certainly such action should occur well before the 90 days authorized by the ordinance. 5incerely, �h l Norm Coleman Mayor Enclosure � ��,�� lo �1�� -� . Report from the Deparhnent of Planning and Economic Development staff on Pawn Shop Zoning Study. DEPARTMENI OF PLANNING & ECONOMIC DEVELOPMEMf Pmrsela TYheelcc.� Director � � . CITY OF SA]NT PAUL Norm Coleman, Mayor November 24, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, MN 55102 � zs wesa Fo+urh soeer SaAt Pau� MN55102 RE: PAWN SHOP ZONING STUDX 1998 For City Council Agenda on December 2,1998 � V /�� Te1el.+Rone: 672-2666�00 Facraile: 612-22&3220 PURPOSE: Status Report by PED Staff on the Pawn Shop Zolullg Study Requested in 5eptember Dear Ms. Anderson: The City Council passed Ordinance 98-766 on September 23, 1998 directiug PED and the Planning Commission to study pawn shops and tobacco shops and recammend whether zoning amendments should be enacted. The Ordinance included a three-month moratorium on peimits and licenses for pawn shops. Mayor Coleman objected to tfie moratorium and asked PED to do the study of pawn shops as soon as possible in order to reduce the length of the moratorium. Attached is the first staff draft of the Pawn Shop Zoning Study. If zoning amendments azc made, both the Planning Commission and the City Council must hold public heuiq_¢s. The Planzsing Commission must give 30 days notice. Their hearing will be schedulecl on Jaauary 8,1999. I expect their recommendations to be sent to the Ciry Council ia Febrvary, The study of tobacco shops will follow about a month later. PED decided to separate the ta�+o studies because of the Mayor's desire to keep the moratorium short by doing ihe pawn sh� part right away. � �� 7'hc FED and LIEP sdi8's mitial recommendations are found on page � of the draft. Thes . arr in sammanr: (1) I@00 foot spacing betR-een pawn shops; (2) move toward e�ansion of thr A�n#otnated Pawn S�'sfem to cover certam sales by seeondhand dealeis; and (3) clarify that �wn a,hopa ar� permitted in the downtown, These recommendatioas may change as thr stndy pcasresses, If pc�u �avc any qu�tion;, please ca1I me at 266-6575. �i�acr�y, I/�Y" [,aary � oliu Pri�ci}vl Ptann� Atraach�n� Paum S�op 7 onmg zavdv- (S�sff Drafr 11/2�/9S) �c: City �o�rsitaaembers� • Chu��: Aansmv��, Ivi�J'or s O�ce Paum Whrelo�l:, A£D �! Lmvcjag, k'ED B�o(s�'.e�kr Cbr�sctine Raa�k, LiE1 �r� x� �.� P�r W�. Cit� Atrm�r's �ffir� Cgt. �Ctuar[ Bua�l:c, Potiice Lkpa�tcn�t • 2 DEPARTMEN"I OF PLANNING & ECONOMIC DEVELOPMENT Pame(¢ Wheelock, Director �A � �� l!! T "l CTTY OF SAINT PAUL h'orm Coleman, Mayor 25 West Fmvth St'eet Telephane: 612-266-6700 SairuPaul,MN55702 Focsimile:671-228d220 PAWN SHOP ZONING STUDY . Staff Draft 11124/98 This draft is written for preliminary review by the City Council. Neat the draft will be the subject of a public hearing at the Planning Commission, tentatively scheduled for 1/8/99. For more information, please call Larry Soderholm, Saint Paul Department of Planning and Economic Development, at 266-2575. Questions about licensing can be directed to Christine Rozek in the Saint Paul Office of License, Inspections, and Environmental Protection (LIEP) at 266-9108. � �,�� SAINT PAUL PAWN SHOP ZONING STUD� PED Staff Draft 11/25/98 C�y Council Rec�uest City Council Resolution 98-765, adopted on 9/9(98, directed PED to do a study of pawn shops and tobacco shops. To protect the status quo during the study period, the resolution directed that no pernuts or licenses were to be granted to pawnshops until an interim ordinance was adopted. The resolution defined tobacco shops as businesses for which tobacco sales comprise 40 percent � of the gross receipts. On September 16, 1998, Mayor Coleman wrote to the Council that he did not support a moratorium and would not sign the resolution. However, recognizing that the resolution passed with five votes, he did not veto it either. On September 23, 1998, the City Council took the ne� step and adopted an ordinance matching the earlier resolution. It directed PED to do a study of pawn shops and tobacco shops and imposed a three month moratorium on pernuts and licenses for pawn shops. On October 2, 1998, Mayor Coleman again retumed the ordinance to the City Council unsigned and said he wanted PED to do the study in 30 days to keep the moratorium as short as possible. The three month moratorium imposed by the ordinance became effecrive on 11/9/98, 30 days after its legal publication. The moratorium espires on 2/9/99. The City Council has the power to ea�tend it. Authority for the Study Amendments to the Zoning Code follow the procedures in Section 64.400 of the Code and Minnesota Statutes 5ection 462357. Either the City Council or the Planning Commission can initiate citywide amendments. Public hearings with required nofice aze held at both the Planning • \�PEDVSYS2VSFL4RIDVSODERHOL�ZON[NG�PAWNSHOP.REI Z Commission and the City Council. Amendments to the Licensing Code go direcfly to the City Council as ordinance amendments, which require a public hearing and four readings. 1996 Pawn Shon Zoning Study and Ezisting Regulafions Until 1996, pawn shops were not specifically listed in the Zoning Code. They were first pernutted in B-1 zoning districts as retail businesses. Zoning amendments in 1996 added a definition of "pawn shop" and listed where they were permitted. A pazking standard for pawn shops that matched other retail stores was also added. The definition, which pazallels state law, is as follows: Pawn shoD. A place where money is loaned an security ofpersonal property left in pawn and pledged as collateral for the loan and where such property may be redeemed by the seller in a fixed period of time or sold to the general public. � Under the I996 zoning, a pawn shop is a special condition use in the B-2 community business zoning distdct. B-2 zoning is typically located on neighborhood commercial strips. Pawn shops aze not pemutted in B-I or OS-1 zones, wIucfi aze typicalIy found at comer store Iocations within neighborhoods. The only specific condition for pawn shops is that the business take place entirely within a building. This condition carries through in the B-ZC, B-3, RCGI and I-1 • districts. Pawn businesses that have outdoor sales of used cars, boats, trailers, etc. aze special condition uses in the B-3 general business and I-1 industrial districts with the same restrictions as used caz lots. All types of special condition uses aze subject to general standards relating to compliance with city plans, traffic circulation, neighborhood chazacter, and the orderly development of surrounding properiy. In the I-2 district, pawn businesses are straight pernutted uses. It was the intent of the 1996 study tFcat pawn shops would be pernutted uses downtown in the B-4 and B-5 zones. However, in the downtown zones they were not listed sepazately. This was an oversight. By staff interpretation, pawn shops are assumed to fall uader the more generic entries of "retail business uses" or "service business uses." But since "pawn shop" is defined separately and listed sepazately under the neighborhood commercial zoning districts, it shoutd now be listed sepazately in the downtown zoning districts as well. Licensing is the primary regulatory tool for pawn shops, and the basis for licensing practices are spelled out in state statutes Chapter 404, Sections 1-17. Licensing reg�ilations cover the Automated Pawn System (APS), record-keeping, photos/videos of customers, 90-day minimum redemption period, daily reports to Police Dept. and other specifics of how the licensee and the police are to work together. Licensing and transaction fees pay the City's costs for enforcement work by the Police Department and LIEP. \�Pm�SY52\SFL4RID�SpDERE30L�ZONING�PAW NSHOP.RE 1 • ��'��'� • Iuventorv of Pawnsho�� The 1996 Pawn Shop Zoning Study was requested initially by LIEP and the Police Department in 1995 because in the previous two yeazs there bad been in increase in the number of pawn shops in the city from six to eleven. The Police Departnient was inundazed with 3000 paper records per month of pawn transactions. They wanted a break in the expansion of the pawn trade while they implemented an electronic monitoring system, the Automated Pawn System (APS), to do a better job of seazching for stolen property. In May 1996 there were eleven pawn shop licences in Saint Paul. In October 1998, there aze ten. Two pawn business have closed since 1996 (605 Como Ave., which was the automobile pawn, and 136 E. l Oth St. downtown). One new business has opened (1636 University Ave.) See the attached maps for the 1996 and current inventories of pawn shops in the city. At the time of the moratorium, two additional pawn shops were seeking special conditions use permits (SCUPs), one at Hillcrest and the other neaz W. Seventh and Randolph. The attached table gives the addresses of the pawn shops currenfly operating in the city and the two pending applications. Also caught by the pawn shop moratorium is a building pernut applicauon by Lincoln Pawn on White Bear Ave. to expand their building. Trends in the Pawn Trade 1. National francluses. Pawn shop chain stores have become the majority in Saint Paul. • These outlets have more financial backing and aze able to move inventory azound so that each store has a more balance stock. Pawn America, Cash-N-Pawn, and Lincoln Pawn are all chain stores. According to the Police Department, the national chains aze very responsible in their dealings. They have a lot to lose if they aze caught in any kind of shady dealings. 2. Nicer stores. The new stores are larger, cleaner, brighter, and better organized. The most recent pawn shop is Pawn America at 1636 University Avenue, where they have built a large and attractive new store. The Cash-N-Pawn at 490 University Avenue shazes a building entry with a laundromat that is full of women and children, who aze apparently undeterred by the neighboring pawnbroker. 3. Types of inerchandise. PED staff observed that the most common types of inerchandise at pawn shops are electronic equipment, tools, jewelry, cameras, and sports equipment. In the after-school hours, many of the customers were bargain-hunting youth looking at boomboxes, CDs, computer pazaphernalia, and jewelry. The chain stores have quite a bit of discounted new merchandise. 4. Automated Pawn System. The APS is operating in Saint Paul, Minneapolis, and a half- dozen suburbs. It is an effective law enforcement tool against burglary and theft and will grow in effectiveness as more suburbs join the system and as the system broadens its • \�PED�SY52\SHAREDVSODERHOUZONING\PAWNSHOP.REI scope to other secondhand goods dealers. �roblems with Current Situation Some neighborhood organizafions aze concerned that clusters of "downscale" businesses deter reinvestment in neighborhood commercial areas and, by extension, in surrounding residential azeas. Investment is based partly on people's perceptions and confidence about the future of ttie area. Some of the businesses that are perceived as negatives aze pawn shops, currency exchanges, tattoo pazlors, head shops, second-haad stores, adult entertainment, taverns, and tobacco shops. (PED staff have not yet collected the incidence of police calls to pawn shops or surrounding properties to hy to determine whether the concems of neighborhood orgauizafions aze based mainly on stereotypes or facts.) 2. With the collaborafion between pawnbrokers and potice, the fencing of stoten goods is now more of an issue for secondhand stores and "organized" garage sales, 3. Pawn shops that advertise that they buy and sell guns are particulazly worrisome to neighborhood organizations. An example in Saint Paul is Lincoln Pawn at 1675 White Bear Avenue. Benefits of Pawn Shons A percentage of households (need to find this fact) in LT. S. have no bank accovnt whatever. Pawn shops and currency exchanges are, effectively, their "baaks." 2. Chief Finney wrote Mayor Coleman on 10/2/98 that the Automated Pawn System (APS) is an effective mechanism for recovering stolen property and apprehending criminals. During the first nine months of 1998, $20,000 worth of stolen propercy was recovered from pawn shops. Pawn shop customers pay a transaction fee on each pawn or sate which supports the multijurisdictionat, computerized APS. Saint Paut police officers tracking pawn shop transactions think the indushy is clean and helpful in &ghting property crime. Re�ulations in Other Cities Minnea�,olis: Conditional use in the C-4 General Commercial District. Pawnshops must be Iocated 1000 feet from all e�sting pawn shops, missions, and secondhand goods stores. Bumsville: Permitted in B-3 General Business District with one mile separation beriveen pawa shops. � \ I • ��,�� 'chfield: Conditional use in General Commercial Zone (G2) with a long list of conditions • including: 1,000 feet separation from other pawn shops and from any school, church, day care center, pubiic library, or governmental building: 250 feet from residentially zoned property; no outdoor display or sales; no exterior loudspeaker noise audible on residential pazcel; city- approved visual screening; off-street pazking. Roseville: Pernutted in B-3 General Business District with no specific requirements. West St. Paul: Conditional use in B-3 (S. Robert St.) with 600 feet distance from residenfial zoning, day caze centers, schools, and churches. Alternatives for Zoning and Licensing 1. No change. Neither the Police Department nor LIEP report any significant problems with pawn shops. They were the initiators of the 1996 Pawn Shop Zoning Study and that study produced scant evidence of neighborhood problems caused by pawn shops. 2. Spacing between pawn shops or between pawn shops and certain other licenses businesses. This could be done through the licensing ordinance or through wning. Minneapolis spaces pawn shops 1000 feet from one another and from missions and secondhand stores (which aze defined to exclude used books, antiques, and clothing • consignment). Many Saint Paul residents remember when there was a cluster of pawn shops and porno operations neaz Seventh and St. Peter, the former site of the bus depot. No one wants that kind of cluster to reappeaz in the ciTy. Pawn shops aze now pretty widely distributed (map attached). Three are located in the Midway. The two closest ones aze at 1519 and 1636 University Avenue and they are approximately 1,100 feet apart. Staff aze not awaze at this point of documented reasons why pawn shops should be spaced from missions (ovemight shelters) or from secondhand stores. 3. Spacing between pawn shops and residential zoning districts and/or protected uses such as religious institutions, schools, parks/rec centers. 5ince pawn shops are located on B-2 neighborhood commercial strips, most of them are in close proximity to residen6al property. Imposing a distance from residential property would make them nonconfornung. It would probably require pawn shops in the future to locate in shopping centers. Again, staff aze not awaze of documented reasons why a distance from residential property should be imposed. 4. Ezpansion of APS to secondhand dealers. Minneapolis recendy expanded the Automated Pawn System to other secondhand shops as a crime stopping measure. In Saint Paul LIEP and the Police Department aze both interested in setting up a similaz APS expansion. � \�PIDVSY52\SHARED\SODERHOL�ZONINGWAWNSHOP.REI 6 PED and LIEP Staff Recommendafions Amend the Zoning Code to require 1000-foot spacing between pawn shops as another requirement for a special condition use permit. (Ordinance to be drafted.) 2. Direct LIEP and the Police Department jointly to develop a proposat for extending the Automated Pawn System to cover high-value items for sale at secondhand dealers. List pawn shops as permitted uses (not special condition uses) in the downtown B-4 and B-5 zoning districts with tfie required condifions. T'he two required conditions are that the business be conducted entirely within an enclosed building and that the business is 500 feet from any other pawn shop. In the downtown, with smaller blocks and higher densities, spacing requirements in the Zoning Code are generally half as far as in neighborhoods. (Ordinance to be drafted.) Attachments: City Council Resolurion 98-765 City Council Ordinance 98-766 Mayor's letter of 9/16/98 Mayor's letter of 10/2/98 Maps of Pawn Shop Locations, 1996 and 1998 Inventories of Licensed Pawn Shops, 1996 and 1998 � u • ORIGINAL � Presented By Referred To r-� Y`�'\_ C v� � F�, U e Y S� o�ti ��1 1 a �`�`6 RESOLUTION CITY OF SAINT PAUL, MIlVNESOTA ��-��r� Council File # �.(, S Green Sheet k �o � 3 �j3 Committee: Date 1 WHEREAS, 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 planning study to be conducted for the purposes of considering adoption 4 or amendments o£ the City's comprehensive plan and official zoning controls; and 5 6 7 10 11 12 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 � 36 37 38 WHEREAS, the City of Saint Paui is presently engaged in a comprehensive revision of its zoning code. One major goal of the revision is to minimize land use conflicts neaz or within residential neighborhoods. Other goals of the zoning code revisions include encouraging investment in residential properties, promoting home ownership, preserving the vitality of City neighborhoods and, as a whole, insuring that the City is a desirable place in which to live, work, and visit; and WHEREAS, pawn shops aze first permitted in B-2 districts, and so called "tobacco shops" aze first permitted in B-1 districts; and WHEREAS, the Council of the City of Saint Paul is concerned 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 present comprehensive pian and zoning code contain adequate safeguards which will 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 safeguards 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 establishment, expansion or relocation of pawn shops in the City; now, 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. Accordingly, ihe City Council directs the Department of Planning and Economic Development to immediately undertake studies of the City's comprehensive plan and official zoning controls relating to pawn shops and tobacco shops and to submit a report and any recommendations to the Council; and, be it -.> , ►� 1 FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting 2 any activity 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 or granted for the establishment, conversion or expansion of any pawn shop from this 5 date and until the expiration of three (3) months or until such time as the City Council has taken • 6 action on the recommendation contained in the study as allowed by Minn. Stat. § 462355, Subd. 7 4; and, be it 8 9 FURTHER RESOLVED, that for the purposes of this resolution and the study to be done 10 by the Department of Planning and Economic Development, a tobacco shop is any business 11 . establishment for which tobacco related sales comprise forty (40) percent of the business 12 establishment's total gross receipts; and, be it 13 14 FURTHER RESOLVED, that the City specifically reserves the right to ea�tend 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 aze necessary to compiete a planning study, not 17 exceeding a total additional three (3) months as allowed by Minn. Stat. § 462355, Subd. 4. ORIGINAL • , _ ,, , / r�,, , .• • -�� :, / •,,�, ,,: , �� / Requested by Department of: By: Fonn zqved by City torney 8,.: r 9- 3-9k Approved by Mayor for S mission to Council By: 1 \�A.. �- . ��t,,.. Hy: Approved by Ma}ror: ate • By: Adopted by Council: Date �� ` ' 1 Adoption Certified by Council Secretary a�-�� sa«r PAUL � IIIIAA CITY OF SAINT PAUL Norm Coleman, Mayor 390 Ciry Half IS West Keffogg Boulevard Sairst Paul, MN 55102 Telephone:612-266-8510 Facsimi[e: 612-266-SSI3 • • September 16, 1998 Council President Dan Bostrom and Members ofthe 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 tetter I am returning to you, without my approval, the Council Resolution prescribinJ a 90-day moratorium on the issuance of permits 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 le�al businesses throu�h the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for tnae emergencies. To impose a moratorium upon the licensure of le�al 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 permittin� and licensure, it interferes with le�itimate commercial expectations of orderly and thoughtful regulation, and, by doin� so, it sends a negative message to the entire business community about the City's regutatory processes. I note that both the Saint Paul Chamber of Commerce 2nd 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 Councii Resolution, I am mindful that it represents a significant reduction from the original proposai, which cailed for a year-long moratorium on licensure of four separate business activities. The cunent proposal affects just one industry, that of pawn brokerin�, and the moratorium period has been reduced to ninety days. I also am mindfui that this Resolution was adopted with enou�h votes to override a mayoral veto. For these reasons I have not exercised that option. I3evertheless, I stron�ly urge the Council to reconsider its position on this matter and to reject the proposed ordinance. � Members of the City Councit 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 concems 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 orderiy course of business regulation which I urge the Council to fo]low on this and all similaz issues. Si ce ty, o � ole �`�~ Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce • • �J ,:>7 JI rHUL 'n urt o urri�� Rm�ha U�rs�onl - `i � �1/9 � Council File # Qg — 2G, Ordinance # GreenSheet# C.�3 : -' �� :�� Presented By Refeaed To ORDINANCE CITY OF SAINT PAUL, MINNESOTA. as �� ,� Committee Date : 2 3 4 5 An Interim Ordinance preserving the status quo with respect to the use of property withSn the City of Saint Paul, pending the completion of studies of possible amendments to the City's comprehensive plan and zoning regulations relating to pawn shops, said Ordinance enacted pursuant to Minn. Stat. § 462355, Subd. 4. The Council of the City of Saint 1'sul does ordain: Section 1 9 10 � 13 14 15 16 17 IS 19 ZO 21 22 23 24 25 26 27 2$ 24 30 31 � 34 35 The Saint Paul City Council hereby directs the Department of Planning and Economic Development to undertake a study of the City's comprehensive pIan and zoninb regulations relating to pawn shops and tobacco shops. The Planning Commission is to study these matten and submit a report to the Council together with any recommendation that the City's present comprehensive pian and 2oning regulations pertauun� to the above described uses be amended. Section 2 Pending the completion of the study with respect to pawn shops, and for the purposes of prohibiting the establishment, conversion or expansion of any pawn shop as a permitced use within the City of Saint Paul, and until such time as a study of possible amendmenu to the City's comprehensive plan and zoning code relating to such uses has been completed and the Council of the City of Saint Paul has taken action on any recommendation contained therein, no penmit or license for the establishment, conversion or expansion of any pawn shop shall be issued or approved by the City, its officers, empioyees, agents or eommissions. Tt�is prohibition is enaeted for the purposes of protecting the City's plannin� process and the health, welfaze and safety of iu citizens in addition co the other purposes expzcssed herein or in an accompanyin� resolution. Sectioa 3 For a period of time not co exceed 3 months from the effective datc of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study of pawn shops and any smendments to the City's comprehensive plan or zoning iegulations the prohibitions wich respect to pawn shops herein shall continue in fuli force until a comprehensive policy for the City relating to the above-described uses can be adopted. I�s the event the studies and recommendations of tht Plannin� Commission and the deliberations o° 3'G ,� (�'. / 2 3 4 5 6 7 10 11 12 13 14 . _05-1998 11 � D7 a i rnu� i r+ �.-+ �, ,,�-- � the Ciry Councii require additional time, these prohibiteons may be extended, by sepazate action �� of the City Coezncil, for additional periods of time not to exceed an additional total extension of 3(,,� � months as allowed by Minn. Stat. § 462355, Subd. 4. Scction 4 For the purposes of this interim ordinance and any accompanying resolution, a tobacco shop is any business establishment for which tobacco related sales comprise forty (40) percent of the business establishment's total gross receipts. Section 5 This ordinance shall take effcct and be in force 30 days from and afrer iu passage, approvat and publication. • • Requeated Ly bepartment of: Sy: Ddopced by Couneil: Daee _<�1� 1s Adopcion Cercif:ea by Counei� seeretaiy $y: -� �.. �� Approved 6y Mayoz: Daee 8Y: Form zoved by A racy 8 ,,, 9-3 -98 Approved by Maw= £oz S ission to Coun�il 8Y: �J OCT-05-1998 11�54 SI NHUL rIHYUK'b Ur�1LC . CTTY OF SAINT PAUL Norm Coleman, Mayc� October 2, 1998 Council President Dan Bostrom and Members of the City Council Third Floor City Hatl Saint Paul, Ivfinnesota 55102 O1G GVV V�ar ••�� 390 Ciry Hal! IS West Kellogg Bnulevard Sainr Pavl. MN 55102 Dear President Bostrom and Members of the City Council: Telcphane: 6J2-266-8510 Facttmiic: 611-266-8513 �� l For ihe second tune in recent weeks I am returning to you, without my apptoval, Counci] action on the subjec� of a business moratorium. My reasons for not endorsmg this • ordinance are the same as those expressed in my letter of September 16, 1998, a copy of which is enclosed. While I am accommodating the Council by not exercisuig a veto on this occasion, I want to do everything in my power to minimize the impact of this moratorium. As a first step, I am directing the Department of Ptanning and Economic Development to complete and submit to the Council within 30 days the requested study of paWn shops. This should enable very prompt action by the Council on any modifications to our licensing or zoning ordinances which may be warranted by the study. Certainly such action should occur well before the 90 days authorized by the ordinance. Sincerely, �h l Noan Coleman Mayor Enclosure • � Z Q a � � � T ...� � � 0 c� U J 0 � N c � a � (6 a y-+ � .� � a .�.. U Q U � � W Z �W Z� � - --: � Z � Q a � � � J W � W � -� � Z Q d Z J � U Z J � i !i - ...E'....... �> '... . � �. J W; � ..- - w .- .� :Q _ ; Q ... � +:S i ; ; i ; ... Z � Q d Z _ � U Z � Q a z _ Q U a --. U '� � ,� w - Q z �� a a O S � Z � Q a z ¢ U � W � Q W � F= Z � W 2 F- � � Z Q z ¢ a C� Z Y > \ Z Q Z � Q � Z � w W � m z� ��,�� rn � N m c .� N 0 W a a � w � � U s� � � o ° o m � o � E co � r� u+ c� � � co co �� v r- � �c v v c:i Z I� 1� � N N � f� N N m . S'-. � .N .�-. C� .I� ' .N.. .CV � � C � � In Ln tn lq In ln Lf) ^ tn 1n ••-• •-• Q fv (O CO fv (� (D fV .� fv fv v v Z � O Q 2 W m Z w = a w � z a as z � s Q � Q Q °� ¢ a ¢ ¢ w a W � z z W � �- Q a, Q -� Z g = Y 3 g � ? U Z Z ¢ � Q F > Q Q W 3 O Z � tA Z -� Z g Q Q � Z Q Z O W Q -� � ¢ U U � � a Q m m a � 2 Z 3 Z � w w � w � N �o � >�QVdvacoQc N � Naco m o.- oQO 0 0 0�0 r � ~ �o �n �n �n F �n 2 �n a �i5 i- �n � tit in �n a �n o Q�u� �n �n ��ny�nQ�n W�n��n �n>�n2�� Win � y Q 2� Z W Z y Z K Z= Z m 2� 2� Z¢ Z F Z m Z m� mQ�cA��W��Z�F�j��Z�t�� V j W J _t � J � J Z J J J J J= J= J a �aQ�Q�¢j¢�Q mNa a d ama�nn.�a�oa a a�aoa r � rn o � � � m N N co 0 rN W��rry 7� �� nC �N �� N 'a� a rn rn rn rn rn �' rn °' � rn � � � X N � N N 01 0` � f` � � i � �` O (O � � � � � N � � ' 0� a m e u J i m Y O � c 3 a a J w � a N eV � � a� N O a� � c� v v �n c r r- � � ao °' 'n v i�n o � c�o � N � °' � � ` r N N M N � � � � � N O � 00 K � f7 � � N � � 00 Q' 2' R' Q' R' Q' � C � � � � 'v 'v 'v v v 'v a > a > > � a a > a W � > " > '� -� > > > �" > m d ¢ ¢ ¢ — - a a a U U U U U U Z � � z Z' Z Q Z �] j Z ^.S J � � a � Z Z � j Z Q Q LL LL � Q � Q � � } ¢ � Q Q w 2 � Z W � W LL � a a ' LL � Z Y Z � 1 2 - W ? Z a F Z IL tA 2�' Z � = Z m tA p � � � [a � �i � � w O D U � w 4 m m � a , ' in m ao N O � � � u� O O O _ -' � ' h � M V A � O�i O � � � ti O O O O � � O O rn n o m � O o c n O g � O m � c u � J � � V F J 9 � i H � r � N N R n r � � � O O O O � � � � .- <- • . � �m�r�,�� ORIGI�AL Ordinance # # 62354 Presented By Refened To 8 L a rO � g g Councii File # `� —� �� ORDINANCE CITY OF SAINT PAUL, MINNESOTA 1 An Interim Ordinance preserving the status quo with 2 within the City of Saint Paul, pending the completiox 3 amendments to the City's compreh nsive plan and 4 currency exchanges, pawn sho p o acco shops, 5 °�^��:s said Ordinance enacted pursuant to in 6 7 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 Date : �ect to the use of properry studies ofpossible g regulations relating to Stat. § 462355, Subd. 4. The Council of the City of S int Paul does ordain: Sec ' n 1 The Saint Paul City Council hereby ' ects the Department of Planning and Economic Development to undertake a study of the C' 's comprehensive plan and zoning regulations relating to currency exchanges, pawn sho s, smoke shops� , �exses. The Placuiing Commission is to s dy these matters and submit a report to the Council together with any recommendation th the City's present comprehensive plan and zoning regulations pertaining to the above scribed uses be amended. Section 2 Pending the comple 'on of the study, and for the purposes of prohibiting e establishment, conversio r expansion of any currency exchange, pawn sho , oke shop, ,secek � as a permitted use within the City of Saint Paul, and until such time as a study o possible amendments to the Ciry's comprehensive plan and zoning code relating to such use been completed and the Council of the City of Saint Paul has taken action on any reco endation contained therein, no permit or license for the establishment, conversion ar e ansion of any of the above described uses sha11 be issued or approved by the City, its offic s, employees, agents or commissions. This prohibition is enacted for the purposes of protectin the City's planning process and the health, welfare and safety of its cifizens in addition t�the other purposes expressed herein or in an accompanying resolution. Section 3 For a period of time not to exceed 12 months from the effective date of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study and any amendments to the City's comprehensive plan or zoning regulations, the prohibitions herein sha11 continue in full force until a comprehensive policy for the City �� ,� �� relating to the above-described uses can be adopted. In the event the studies and recommendations of the Planuing Commission and the deliberations of the City Council require addifional time, these prohibitions may be extended, by separate action of the City Council for additional periods of time not to exceed an additional 18 months as allowed by Minn. St�t�§ 462355, Subd. 4. � . Date by Council Secretary For the purposes of this interun ordinance and any accompanying shop is any business establishment for wiuch tobacco related sales compi the business establishmenY s total gross receipts; and Section 5 in, a smoke (40) percent of For the purposes of this interim ordinance and any accomp ying resolution, in cases of hardship, any person aggrieved by the requirements of this reso tion and the interim ordinance may apply for a waiver of all or a portion of the applicable re 'ctions. Such application shall be made to the zoning administrator who shall forward it for r'ew by the planning administrator who shall make a recommendation and forward the same o the City Council for final determination. Upon the receipt of such an applicafio e zoning administrator shall also provide notice of the application to neighborhood or 'zations and concerned citizens as detailed in Chapter A-11 of the Saint Paul Admini ative Code. A waiver may be granted where the City Council finds that the waiver wi11 not a ct the integrity of the planning process and that the purposes for which this resolution and the ' terim ordinance were enacted wi11 be served by such waiver. Section 6 This ordinance shall take approval and publication. ORIGINAL Section 4 and be in force 30 days from and after its passage, Reguested by Department of: B`I � Adopted by Coun il Adoption Cer fieC BY: Approv by Mayor: By: Fo� Appro by City Attorney B � �� /� 1� Approved by Mayor for Submission to Council BY: Date �g_�� CITY OF SAINT PAUL 390 Ciry Hal! Telephone: 612-266-85I0 Norm Coleman, Mayor IS West Kel[ogg Baulevard Facsimile: 6I2-266-8513 Saint Paui, 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 prescribing a 90-day moratorium on the issuance of permits and ]icenses 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 re�ulate legal businesses throu�h the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for true 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 orderly and thoughtful regulation, and, by doing sq it sends a negative messa�e 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 simiiar 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 si�nificant reduction from the ori�inal 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 brokerin�, and the moratorium period has been reduced to ninety days. I also am mindful that this Resolution was adopted with enou�h votes to override a mayoral veto. For these reasons I have not exercised that option. Nevertheless, I strongly ur�e the Council to reconsider its position on this matter and to reject the proposed ordinance. � �� _� � � 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 cunent 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, or � ole �� Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce �� p �'Me�c�,. e d PtI�iISHFp ��T ]:� �998 Presented By Referred To 0 Committee Date : An Interim Ordinance preserving the status quo with respect to the use of property within the City of Saint Paul, pending the completion of studies of possible amendments to the City's comprehensive plan and zozung regulafions relating to pawn shops, said Ordinance enacted pursuant to Minn. Stat. § 462355, Subd. 4. The Council of the City of Saint Paul does ordain: Section 1 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 The Saint Paul City Council hereby directs the Department of Planning and Economic Development to undertake a study of the City's comprehensive plan and zoning regulations relating to pawn shops and tobacco shops. The Planning Commission is to study these matters and submit a report to the Council together with any recommendation that the City's present comprehensive plan and zoning regulations pertaining to the above described uses be amended. Section 2 Pending the completion of the study with respect to pawn shops, and for the purposes of prohibiting the establishment, conversion or expansion of any pawn shop as a permitted use within the City of Saint Paul, and until such time as a study of possible amendments to the City's comprehensive plan and zoning code relating to such uses has been completed and the Council of the City of Saint Paul has taken action on any recommendation contained therein, no permit or license for the establishment, conversion ar expansion of any pawn shop sha11 be issued or approved by the City, its officers, employees, agents or commissions. This prohibition is enacted for the purposes of protecting the City's planning process and the health, welfaze and safety of its citizens in addition to the other purposes expressed herein or in an accompanying resolution. Section 3 For a period of time not to exceed 3 months from the effective date of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study of pawn shops and any amendments to the City's comprehensive plan or zoning regulations, the prohibitions with respect to pawn shops herein sha11 continue in full force until a comprehensive policy for the Ciry relating to the above-described uses can be adopted. In the event the studies and recommendations of the Planning Commission and the deliberarions of I r ( �.�-y� U�rs�o�v - 9 a f 9 F� Council File # 98 - � 6 �o Ordinance # Green Sheet # G a1 � as ORDINANCE CITY OF SAINT PAUL, MINNESOTA 1 the City Council require additional time, these prohibirions may be extended, by separate action ��4 2 of the CiTy Council, for additional periods of time not to exceed an additional total extension of 3�� 3 months, as allowed by Minn. Stat. § 462355, Subd. 4. Section 4 10 11 12 13 14 For the purposes of this interim ordinance and any accompanying resolution, a tobacco shop is any business establishment for which tobacco related sales comprise foriy (40) percent of the business establishmenPs total gross receipts. Section 5 This ordinance shall take effect and be in farce 30 days from and after its passage, approval and publication. Requested by Department of: By: Form proved by i A orney BY: 9-3 •98 Adoption Certified by Council Secretary Approved by Mayor for S ission to Council By: T�.�� i� �._ By: Approved Mayor ~ Date --,�� ^ � By: 1 �\ `S �✓�� Adopted by Council: Date � . �.�`9� City Council e :..1 TOTAL # OF SIGNATURE PAGES SJ19/98 Nurm� rors Rovi�NG ORDER GREEN SHEET nEt�rnwrcrort �i8-��G No 62354 Mm,uom. ancoucz ❑ crtrwnonxEr ❑ arrcu.crtK ❑ w�nxuu.asaxcesow. ❑ wawcu�mm�ccrn ❑ wYael��aMry ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) An Interim Ordinance 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 CAMMISSION CIB CAMMITfEE CIVIL SERVICE CAMMISSION IF OFTRANSACTION SOURCE RSONAL SERVICE CONTRAC75 MUST ANSW ERSHE FOLLOWING QUESRONS: Hae Mis persoNfirtn eVerv.nrleed under a conVact far Mi6 dePertmeM7 YES NO Has Mis Pe�ewi/firm e.�er been a cilY emWoYee7 YES NO Does Mis pereoNfirm P�%s a sldN not riormallypossessed bY anY wrreM ap' emPbYee7 YES NO Is Mis persaNfirtn a tarpeted ventla? YES NO cOSimEVEHUE8UDO6TEDlaitc�E ONE) ACSIYRY %UMBER �'1+�`F7 (EXPWNj °`� 'l�� CITY OF SAINT PAUL 390 Ciry Hall Teleplwne: 612-266-8570 Norm Coleman, Mayor IS West Kellogg Boulevard Facsimile: 612-266-SSI3 Saint Paut, MN SSIQ2 .��\ �LL ` � � J/-' October 2, 1998 Council President Dan Bostrom and Members ofthe City Council Third Floor City Hall Saint Paul, Minnesota 55102 Deaz President Bostrom and Members of the City Council: For the second time in recent weeks I am returning to you, without my approval, Council action on the sub}ect of a busittess moratorium. My reasons for not endorsing this ordinance are the same as those expressed in my letter of September 16, 1998, a copy of which is enclosed. While I am accommodating the Council by not exercising a veto on this occasion, I want to do everything in my power to minimize the impact of this moratorium. As a first step, I am directing the Department of Planning and Economic Development to complete and submit to the Council within 30 days the requested study of pawn shops. This should enable very prompt action by the Council on any modifications to our licensing or zoning ordinances which may be warranted by the study. Certainly such action should occur well before the 90 days authorized by the ordinance. 5incerely, �h l Norm Coleman Mayor Enclosure � ��,�� lo �1�� -� . Report from the Deparhnent of Planning and Economic Development staff on Pawn Shop Zoning Study. DEPARTMENI OF PLANNING & ECONOMIC DEVELOPMEMf Pmrsela TYheelcc.� Director � � . CITY OF SA]NT PAUL Norm Coleman, Mayor November 24, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, MN 55102 � zs wesa Fo+urh soeer SaAt Pau� MN55102 RE: PAWN SHOP ZONING STUDX 1998 For City Council Agenda on December 2,1998 � V /�� Te1el.+Rone: 672-2666�00 Facraile: 612-22&3220 PURPOSE: Status Report by PED Staff on the Pawn Shop Zolullg Study Requested in 5eptember Dear Ms. Anderson: The City Council passed Ordinance 98-766 on September 23, 1998 directiug PED and the Planning Commission to study pawn shops and tobacco shops and recammend whether zoning amendments should be enacted. The Ordinance included a three-month moratorium on peimits and licenses for pawn shops. Mayor Coleman objected to tfie moratorium and asked PED to do the study of pawn shops as soon as possible in order to reduce the length of the moratorium. Attached is the first staff draft of the Pawn Shop Zoning Study. If zoning amendments azc made, both the Planning Commission and the City Council must hold public heuiq_¢s. The Planzsing Commission must give 30 days notice. Their hearing will be schedulecl on Jaauary 8,1999. I expect their recommendations to be sent to the Ciry Council ia Febrvary, The study of tobacco shops will follow about a month later. PED decided to separate the ta�+o studies because of the Mayor's desire to keep the moratorium short by doing ihe pawn sh� part right away. � �� 7'hc FED and LIEP sdi8's mitial recommendations are found on page � of the draft. Thes . arr in sammanr: (1) I@00 foot spacing betR-een pawn shops; (2) move toward e�ansion of thr A�n#otnated Pawn S�'sfem to cover certam sales by seeondhand dealeis; and (3) clarify that �wn a,hopa ar� permitted in the downtown, These recommendatioas may change as thr stndy pcasresses, If pc�u �avc any qu�tion;, please ca1I me at 266-6575. �i�acr�y, I/�Y" [,aary � oliu Pri�ci}vl Ptann� Atraach�n� Paum S�op 7 onmg zavdv- (S�sff Drafr 11/2�/9S) �c: City �o�rsitaaembers� • Chu��: Aansmv��, Ivi�J'or s O�ce Paum Whrelo�l:, A£D �! Lmvcjag, k'ED B�o(s�'.e�kr Cbr�sctine Raa�k, LiE1 �r� x� �.� P�r W�. Cit� Atrm�r's �ffir� Cgt. �Ctuar[ Bua�l:c, Potiice Lkpa�tcn�t • 2 DEPARTMEN"I OF PLANNING & ECONOMIC DEVELOPMENT Pame(¢ Wheelock, Director �A � �� l!! T "l CTTY OF SAINT PAUL h'orm Coleman, Mayor 25 West Fmvth St'eet Telephane: 612-266-6700 SairuPaul,MN55702 Focsimile:671-228d220 PAWN SHOP ZONING STUDY . Staff Draft 11124/98 This draft is written for preliminary review by the City Council. Neat the draft will be the subject of a public hearing at the Planning Commission, tentatively scheduled for 1/8/99. For more information, please call Larry Soderholm, Saint Paul Department of Planning and Economic Development, at 266-2575. Questions about licensing can be directed to Christine Rozek in the Saint Paul Office of License, Inspections, and Environmental Protection (LIEP) at 266-9108. � �,�� SAINT PAUL PAWN SHOP ZONING STUD� PED Staff Draft 11/25/98 C�y Council Rec�uest City Council Resolution 98-765, adopted on 9/9(98, directed PED to do a study of pawn shops and tobacco shops. To protect the status quo during the study period, the resolution directed that no pernuts or licenses were to be granted to pawnshops until an interim ordinance was adopted. The resolution defined tobacco shops as businesses for which tobacco sales comprise 40 percent � of the gross receipts. On September 16, 1998, Mayor Coleman wrote to the Council that he did not support a moratorium and would not sign the resolution. However, recognizing that the resolution passed with five votes, he did not veto it either. On September 23, 1998, the City Council took the ne� step and adopted an ordinance matching the earlier resolution. It directed PED to do a study of pawn shops and tobacco shops and imposed a three month moratorium on pernuts and licenses for pawn shops. On October 2, 1998, Mayor Coleman again retumed the ordinance to the City Council unsigned and said he wanted PED to do the study in 30 days to keep the moratorium as short as possible. The three month moratorium imposed by the ordinance became effecrive on 11/9/98, 30 days after its legal publication. The moratorium espires on 2/9/99. The City Council has the power to ea�tend it. Authority for the Study Amendments to the Zoning Code follow the procedures in Section 64.400 of the Code and Minnesota Statutes 5ection 462357. Either the City Council or the Planning Commission can initiate citywide amendments. Public hearings with required nofice aze held at both the Planning • \�PEDVSYS2VSFL4RIDVSODERHOL�ZON[NG�PAWNSHOP.REI Z Commission and the City Council. Amendments to the Licensing Code go direcfly to the City Council as ordinance amendments, which require a public hearing and four readings. 1996 Pawn Shon Zoning Study and Ezisting Regulafions Until 1996, pawn shops were not specifically listed in the Zoning Code. They were first pernutted in B-1 zoning districts as retail businesses. Zoning amendments in 1996 added a definition of "pawn shop" and listed where they were permitted. A pazking standard for pawn shops that matched other retail stores was also added. The definition, which pazallels state law, is as follows: Pawn shoD. A place where money is loaned an security ofpersonal property left in pawn and pledged as collateral for the loan and where such property may be redeemed by the seller in a fixed period of time or sold to the general public. � Under the I996 zoning, a pawn shop is a special condition use in the B-2 community business zoning distdct. B-2 zoning is typically located on neighborhood commercial strips. Pawn shops aze not pemutted in B-I or OS-1 zones, wIucfi aze typicalIy found at comer store Iocations within neighborhoods. The only specific condition for pawn shops is that the business take place entirely within a building. This condition carries through in the B-ZC, B-3, RCGI and I-1 • districts. Pawn businesses that have outdoor sales of used cars, boats, trailers, etc. aze special condition uses in the B-3 general business and I-1 industrial districts with the same restrictions as used caz lots. All types of special condition uses aze subject to general standards relating to compliance with city plans, traffic circulation, neighborhood chazacter, and the orderly development of surrounding properiy. In the I-2 district, pawn businesses are straight pernutted uses. It was the intent of the 1996 study tFcat pawn shops would be pernutted uses downtown in the B-4 and B-5 zones. However, in the downtown zones they were not listed sepazately. This was an oversight. By staff interpretation, pawn shops are assumed to fall uader the more generic entries of "retail business uses" or "service business uses." But since "pawn shop" is defined separately and listed sepazately under the neighborhood commercial zoning districts, it shoutd now be listed sepazately in the downtown zoning districts as well. Licensing is the primary regulatory tool for pawn shops, and the basis for licensing practices are spelled out in state statutes Chapter 404, Sections 1-17. Licensing reg�ilations cover the Automated Pawn System (APS), record-keeping, photos/videos of customers, 90-day minimum redemption period, daily reports to Police Dept. and other specifics of how the licensee and the police are to work together. Licensing and transaction fees pay the City's costs for enforcement work by the Police Department and LIEP. \�Pm�SY52\SFL4RID�SpDERE30L�ZONING�PAW NSHOP.RE 1 • ��'��'� • Iuventorv of Pawnsho�� The 1996 Pawn Shop Zoning Study was requested initially by LIEP and the Police Department in 1995 because in the previous two yeazs there bad been in increase in the number of pawn shops in the city from six to eleven. The Police Departnient was inundazed with 3000 paper records per month of pawn transactions. They wanted a break in the expansion of the pawn trade while they implemented an electronic monitoring system, the Automated Pawn System (APS), to do a better job of seazching for stolen property. In May 1996 there were eleven pawn shop licences in Saint Paul. In October 1998, there aze ten. Two pawn business have closed since 1996 (605 Como Ave., which was the automobile pawn, and 136 E. l Oth St. downtown). One new business has opened (1636 University Ave.) See the attached maps for the 1996 and current inventories of pawn shops in the city. At the time of the moratorium, two additional pawn shops were seeking special conditions use permits (SCUPs), one at Hillcrest and the other neaz W. Seventh and Randolph. The attached table gives the addresses of the pawn shops currenfly operating in the city and the two pending applications. Also caught by the pawn shop moratorium is a building pernut applicauon by Lincoln Pawn on White Bear Ave. to expand their building. Trends in the Pawn Trade 1. National francluses. Pawn shop chain stores have become the majority in Saint Paul. • These outlets have more financial backing and aze able to move inventory azound so that each store has a more balance stock. Pawn America, Cash-N-Pawn, and Lincoln Pawn are all chain stores. According to the Police Department, the national chains aze very responsible in their dealings. They have a lot to lose if they aze caught in any kind of shady dealings. 2. Nicer stores. The new stores are larger, cleaner, brighter, and better organized. The most recent pawn shop is Pawn America at 1636 University Avenue, where they have built a large and attractive new store. The Cash-N-Pawn at 490 University Avenue shazes a building entry with a laundromat that is full of women and children, who aze apparently undeterred by the neighboring pawnbroker. 3. Types of inerchandise. PED staff observed that the most common types of inerchandise at pawn shops are electronic equipment, tools, jewelry, cameras, and sports equipment. In the after-school hours, many of the customers were bargain-hunting youth looking at boomboxes, CDs, computer pazaphernalia, and jewelry. The chain stores have quite a bit of discounted new merchandise. 4. Automated Pawn System. The APS is operating in Saint Paul, Minneapolis, and a half- dozen suburbs. It is an effective law enforcement tool against burglary and theft and will grow in effectiveness as more suburbs join the system and as the system broadens its • \�PED�SY52\SHAREDVSODERHOUZONING\PAWNSHOP.REI scope to other secondhand goods dealers. �roblems with Current Situation Some neighborhood organizafions aze concerned that clusters of "downscale" businesses deter reinvestment in neighborhood commercial areas and, by extension, in surrounding residential azeas. Investment is based partly on people's perceptions and confidence about the future of ttie area. Some of the businesses that are perceived as negatives aze pawn shops, currency exchanges, tattoo pazlors, head shops, second-haad stores, adult entertainment, taverns, and tobacco shops. (PED staff have not yet collected the incidence of police calls to pawn shops or surrounding properties to hy to determine whether the concems of neighborhood orgauizafions aze based mainly on stereotypes or facts.) 2. With the collaborafion between pawnbrokers and potice, the fencing of stoten goods is now more of an issue for secondhand stores and "organized" garage sales, 3. Pawn shops that advertise that they buy and sell guns are particulazly worrisome to neighborhood organizations. An example in Saint Paul is Lincoln Pawn at 1675 White Bear Avenue. Benefits of Pawn Shons A percentage of households (need to find this fact) in LT. S. have no bank accovnt whatever. Pawn shops and currency exchanges are, effectively, their "baaks." 2. Chief Finney wrote Mayor Coleman on 10/2/98 that the Automated Pawn System (APS) is an effective mechanism for recovering stolen property and apprehending criminals. During the first nine months of 1998, $20,000 worth of stolen propercy was recovered from pawn shops. Pawn shop customers pay a transaction fee on each pawn or sate which supports the multijurisdictionat, computerized APS. Saint Paut police officers tracking pawn shop transactions think the indushy is clean and helpful in &ghting property crime. Re�ulations in Other Cities Minnea�,olis: Conditional use in the C-4 General Commercial District. Pawnshops must be Iocated 1000 feet from all e�sting pawn shops, missions, and secondhand goods stores. Bumsville: Permitted in B-3 General Business District with one mile separation beriveen pawa shops. � \ I • ��,�� 'chfield: Conditional use in General Commercial Zone (G2) with a long list of conditions • including: 1,000 feet separation from other pawn shops and from any school, church, day care center, pubiic library, or governmental building: 250 feet from residentially zoned property; no outdoor display or sales; no exterior loudspeaker noise audible on residential pazcel; city- approved visual screening; off-street pazking. Roseville: Pernutted in B-3 General Business District with no specific requirements. West St. Paul: Conditional use in B-3 (S. Robert St.) with 600 feet distance from residenfial zoning, day caze centers, schools, and churches. Alternatives for Zoning and Licensing 1. No change. Neither the Police Department nor LIEP report any significant problems with pawn shops. They were the initiators of the 1996 Pawn Shop Zoning Study and that study produced scant evidence of neighborhood problems caused by pawn shops. 2. Spacing between pawn shops or between pawn shops and certain other licenses businesses. This could be done through the licensing ordinance or through wning. Minneapolis spaces pawn shops 1000 feet from one another and from missions and secondhand stores (which aze defined to exclude used books, antiques, and clothing • consignment). Many Saint Paul residents remember when there was a cluster of pawn shops and porno operations neaz Seventh and St. Peter, the former site of the bus depot. No one wants that kind of cluster to reappeaz in the ciTy. Pawn shops aze now pretty widely distributed (map attached). Three are located in the Midway. The two closest ones aze at 1519 and 1636 University Avenue and they are approximately 1,100 feet apart. Staff aze not awaze at this point of documented reasons why pawn shops should be spaced from missions (ovemight shelters) or from secondhand stores. 3. Spacing between pawn shops and residential zoning districts and/or protected uses such as religious institutions, schools, parks/rec centers. 5ince pawn shops are located on B-2 neighborhood commercial strips, most of them are in close proximity to residen6al property. Imposing a distance from residential property would make them nonconfornung. It would probably require pawn shops in the future to locate in shopping centers. Again, staff aze not awaze of documented reasons why a distance from residential property should be imposed. 4. Ezpansion of APS to secondhand dealers. Minneapolis recendy expanded the Automated Pawn System to other secondhand shops as a crime stopping measure. In Saint Paul LIEP and the Police Department aze both interested in setting up a similaz APS expansion. � \�PIDVSY52\SHARED\SODERHOL�ZONINGWAWNSHOP.REI 6 PED and LIEP Staff Recommendafions Amend the Zoning Code to require 1000-foot spacing between pawn shops as another requirement for a special condition use permit. (Ordinance to be drafted.) 2. Direct LIEP and the Police Department jointly to develop a proposat for extending the Automated Pawn System to cover high-value items for sale at secondhand dealers. List pawn shops as permitted uses (not special condition uses) in the downtown B-4 and B-5 zoning districts with tfie required condifions. T'he two required conditions are that the business be conducted entirely within an enclosed building and that the business is 500 feet from any other pawn shop. In the downtown, with smaller blocks and higher densities, spacing requirements in the Zoning Code are generally half as far as in neighborhoods. (Ordinance to be drafted.) Attachments: City Council Resolurion 98-765 City Council Ordinance 98-766 Mayor's letter of 9/16/98 Mayor's letter of 10/2/98 Maps of Pawn Shop Locations, 1996 and 1998 Inventories of Licensed Pawn Shops, 1996 and 1998 � u • ORIGINAL � Presented By Referred To r-� Y`�'\_ C v� � F�, U e Y S� o�ti ��1 1 a �`�`6 RESOLUTION CITY OF SAINT PAUL, MIlVNESOTA ��-��r� Council File # �.(, S Green Sheet k �o � 3 �j3 Committee: Date 1 WHEREAS, 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 planning study to be conducted for the purposes of considering adoption 4 or amendments o£ the City's comprehensive plan and official zoning controls; and 5 6 7 10 11 12 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 � 36 37 38 WHEREAS, the City of Saint Paui is presently engaged in a comprehensive revision of its zoning code. One major goal of the revision is to minimize land use conflicts neaz or within residential neighborhoods. Other goals of the zoning code revisions include encouraging investment in residential properties, promoting home ownership, preserving the vitality of City neighborhoods and, as a whole, insuring that the City is a desirable place in which to live, work, and visit; and WHEREAS, pawn shops aze first permitted in B-2 districts, and so called "tobacco shops" aze first permitted in B-1 districts; and WHEREAS, the Council of the City of Saint Paul is concerned 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 present comprehensive pian and zoning code contain adequate safeguards which will 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 safeguards 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 establishment, expansion or relocation of pawn shops in the City; now, 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. Accordingly, ihe City Council directs the Department of Planning and Economic Development to immediately undertake studies of the City's comprehensive plan and official zoning controls relating to pawn shops and tobacco shops and to submit a report and any recommendations to the Council; and, be it -.> , ►� 1 FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting 2 any activity 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 or granted for the establishment, conversion or expansion of any pawn shop from this 5 date and until the expiration of three (3) months or until such time as the City Council has taken • 6 action on the recommendation contained in the study as allowed by Minn. Stat. § 462355, Subd. 7 4; and, be it 8 9 FURTHER RESOLVED, that for the purposes of this resolution and the study to be done 10 by the Department of Planning and Economic Development, a tobacco shop is any business 11 . establishment for which tobacco related sales comprise forty (40) percent of the business 12 establishment's total gross receipts; and, be it 13 14 FURTHER RESOLVED, that the City specifically reserves the right to ea�tend 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 aze necessary to compiete a planning study, not 17 exceeding a total additional three (3) months as allowed by Minn. Stat. § 462355, Subd. 4. ORIGINAL • , _ ,, , / r�,, , .• • -�� :, / •,,�, ,,: , �� / Requested by Department of: By: Fonn zqved by City torney 8,.: r 9- 3-9k Approved by Mayor for S mission to Council By: 1 \�A.. �- . ��t,,.. Hy: Approved by Ma}ror: ate • By: Adopted by Council: Date �� ` ' 1 Adoption Certified by Council Secretary a�-�� sa«r PAUL � IIIIAA CITY OF SAINT PAUL Norm Coleman, Mayor 390 Ciry Half IS West Keffogg Boulevard Sairst Paul, MN 55102 Telephone:612-266-8510 Facsimi[e: 612-266-SSI3 • • September 16, 1998 Council President Dan Bostrom and Members ofthe 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 tetter I am returning to you, without my approval, the Council Resolution prescribinJ a 90-day moratorium on the issuance of permits 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 le�al businesses throu�h the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for tnae emergencies. To impose a moratorium upon the licensure of le�al 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 permittin� and licensure, it interferes with le�itimate commercial expectations of orderly and thoughtful regulation, and, by doin� so, it sends a negative message to the entire business community about the City's regutatory processes. I note that both the Saint Paul Chamber of Commerce 2nd 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 Councii Resolution, I am mindful that it represents a significant reduction from the original proposai, which cailed for a year-long moratorium on licensure of four separate business activities. The cunent proposal affects just one industry, that of pawn brokerin�, and the moratorium period has been reduced to ninety days. I also am mindfui that this Resolution was adopted with enou�h votes to override a mayoral veto. For these reasons I have not exercised that option. I3evertheless, I stron�ly urge the Council to reconsider its position on this matter and to reject the proposed ordinance. � Members of the City Councit 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 concems 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 orderiy course of business regulation which I urge the Council to fo]low on this and all similaz issues. Si ce ty, o � ole �`�~ Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce • • �J ,:>7 JI rHUL 'n urt o urri�� Rm�ha U�rs�onl - `i � �1/9 � Council File # Qg — 2G, Ordinance # GreenSheet# C.�3 : -' �� :�� Presented By Refeaed To ORDINANCE CITY OF SAINT PAUL, MINNESOTA. as �� ,� Committee Date : 2 3 4 5 An Interim Ordinance preserving the status quo with respect to the use of property withSn the City of Saint Paul, pending the completion of studies of possible amendments to the City's comprehensive plan and zoning regulations relating to pawn shops, said Ordinance enacted pursuant to Minn. Stat. § 462355, Subd. 4. The Council of the City of Saint 1'sul does ordain: Section 1 9 10 � 13 14 15 16 17 IS 19 ZO 21 22 23 24 25 26 27 2$ 24 30 31 � 34 35 The Saint Paul City Council hereby directs the Department of Planning and Economic Development to undertake a study of the City's comprehensive pIan and zoninb regulations relating to pawn shops and tobacco shops. The Planning Commission is to study these matten and submit a report to the Council together with any recommendation that the City's present comprehensive pian and 2oning regulations pertauun� to the above described uses be amended. Section 2 Pending the completion of the study with respect to pawn shops, and for the purposes of prohibiting the establishment, conversion or expansion of any pawn shop as a permitced use within the City of Saint Paul, and until such time as a study of possible amendmenu to the City's comprehensive plan and zoning code relating to such uses has been completed and the Council of the City of Saint Paul has taken action on any recommendation contained therein, no penmit or license for the establishment, conversion or expansion of any pawn shop shall be issued or approved by the City, its officers, empioyees, agents or eommissions. Tt�is prohibition is enaeted for the purposes of protecting the City's plannin� process and the health, welfaze and safety of iu citizens in addition co the other purposes expzcssed herein or in an accompanyin� resolution. Sectioa 3 For a period of time not co exceed 3 months from the effective datc of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study of pawn shops and any smendments to the City's comprehensive plan or zoning iegulations the prohibitions wich respect to pawn shops herein shall continue in fuli force until a comprehensive policy for the City relating to the above-described uses can be adopted. I�s the event the studies and recommendations of tht Plannin� Commission and the deliberations o° 3'G ,� (�'. / 2 3 4 5 6 7 10 11 12 13 14 . _05-1998 11 � D7 a i rnu� i r+ �.-+ �, ,,�-- � the Ciry Councii require additional time, these prohibiteons may be extended, by sepazate action �� of the City Coezncil, for additional periods of time not to exceed an additional total extension of 3(,,� � months as allowed by Minn. Stat. § 462355, Subd. 4. Scction 4 For the purposes of this interim ordinance and any accompanying resolution, a tobacco shop is any business establishment for which tobacco related sales comprise forty (40) percent of the business establishment's total gross receipts. Section 5 This ordinance shall take effcct and be in force 30 days from and afrer iu passage, approvat and publication. • • Requeated Ly bepartment of: Sy: Ddopced by Couneil: Daee _<�1� 1s Adopcion Cercif:ea by Counei� seeretaiy $y: -� �.. �� Approved 6y Mayoz: Daee 8Y: Form zoved by A racy 8 ,,, 9-3 -98 Approved by Maw= £oz S ission to Coun�il 8Y: �J OCT-05-1998 11�54 SI NHUL rIHYUK'b Ur�1LC . CTTY OF SAINT PAUL Norm Coleman, Mayc� October 2, 1998 Council President Dan Bostrom and Members of the City Council Third Floor City Hatl Saint Paul, Ivfinnesota 55102 O1G GVV V�ar ••�� 390 Ciry Hal! IS West Kellogg Bnulevard Sainr Pavl. MN 55102 Dear President Bostrom and Members of the City Council: Telcphane: 6J2-266-8510 Facttmiic: 611-266-8513 �� l For ihe second tune in recent weeks I am returning to you, without my apptoval, Counci] action on the subjec� of a business moratorium. My reasons for not endorsmg this • ordinance are the same as those expressed in my letter of September 16, 1998, a copy of which is enclosed. While I am accommodating the Council by not exercisuig a veto on this occasion, I want to do everything in my power to minimize the impact of this moratorium. As a first step, I am directing the Department of Ptanning and Economic Development to complete and submit to the Council within 30 days the requested study of paWn shops. This should enable very prompt action by the Council on any modifications to our licensing or zoning ordinances which may be warranted by the study. Certainly such action should occur well before the 90 days authorized by the ordinance. Sincerely, �h l Noan Coleman Mayor Enclosure • � Z Q a � � � T ...� � � 0 c� U J 0 � N c � a � (6 a y-+ � .� � a .�.. U Q U � � W Z �W Z� � - --: � Z � Q a � � � J W � W � -� � Z Q d Z J � U Z J � i !i - ...E'....... �> '... . � �. J W; � ..- - w .- .� :Q _ ; Q ... � +:S i ; ; i ; ... Z � Q d Z _ � U Z � Q a z _ Q U a --. U '� � ,� w - Q z �� a a O S � Z � Q a z ¢ U � W � Q W � F= Z � W 2 F- � � Z Q z ¢ a C� Z Y > \ Z Q Z � Q � Z � w W � m z� ��,�� rn � N m c .� N 0 W a a � w � � U s� � � o ° o m � o � E co � r� u+ c� � � co co �� v r- � �c v v c:i Z I� 1� � N N � f� N N m . S'-. � .N .�-. C� .I� ' .N.. .CV � � C � � In Ln tn lq In ln Lf) ^ tn 1n ••-• •-• Q fv (O CO fv (� (D fV .� fv fv v v Z � O Q 2 W m Z w = a w � z a as z � s Q � Q Q °� ¢ a ¢ ¢ w a W � z z W � �- Q a, Q -� Z g = Y 3 g � ? U Z Z ¢ � Q F > Q Q W 3 O Z � tA Z -� Z g Q Q � Z Q Z O W Q -� � ¢ U U � � a Q m m a � 2 Z 3 Z � w w � w � N �o � >�QVdvacoQc N � Naco m o.- oQO 0 0 0�0 r � ~ �o �n �n �n F �n 2 �n a �i5 i- �n � tit in �n a �n o Q�u� �n �n ��ny�nQ�n W�n��n �n>�n2�� Win � y Q 2� Z W Z y Z K Z= Z m 2� 2� Z¢ Z F Z m Z m� mQ�cA��W��Z�F�j��Z�t�� V j W J _t � J � J Z J J J J J= J= J a �aQ�Q�¢j¢�Q mNa a d ama�nn.�a�oa a a�aoa r � rn o � � � m N N co 0 rN W��rry 7� �� nC �N �� N 'a� a rn rn rn rn rn �' rn °' � rn � � � X N � N N 01 0` � f` � � i � �` O (O � � � � � N � � ' 0� a m e u J i m Y O � c 3 a a J w � a N eV � � a� N O a� � c� v v �n c r r- � � ao °' 'n v i�n o � c�o � N � °' � � ` r N N M N � � � � � N O � 00 K � f7 � � N � � 00 Q' 2' R' Q' R' Q' � C � � � � 'v 'v 'v v v 'v a > a > > � a a > a W � > " > '� -� > > > �" > m d ¢ ¢ ¢ — - a a a U U U U U U Z � � z Z' Z Q Z �] j Z ^.S J � � a � Z Z � j Z Q Q LL LL � Q � Q � � } ¢ � Q Q w 2 � Z W � W LL � a a ' LL � Z Y Z � 1 2 - W ? Z a F Z IL tA 2�' Z � = Z m tA p � � � [a � �i � � w O D U � w 4 m m � a , ' in m ao N O � � � u� O O O _ -' � ' h � M V A � O�i O � � � ti O O O O � � O O rn n o m � O o c n O g � O m � c u � J � � V F J 9 � i H � r � N N R n r � � � O O O O � � � � .- <- • . � �m�r�,�� ORIGI�AL Ordinance # # 62354 Presented By Refened To 8 L a rO � g g Councii File # `� —� �� ORDINANCE CITY OF SAINT PAUL, MINNESOTA 1 An Interim Ordinance preserving the status quo with 2 within the City of Saint Paul, pending the completiox 3 amendments to the City's compreh nsive plan and 4 currency exchanges, pawn sho p o acco shops, 5 °�^��:s said Ordinance enacted pursuant to in 6 7 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 Date : �ect to the use of properry studies ofpossible g regulations relating to Stat. § 462355, Subd. 4. The Council of the City of S int Paul does ordain: Sec ' n 1 The Saint Paul City Council hereby ' ects the Department of Planning and Economic Development to undertake a study of the C' 's comprehensive plan and zoning regulations relating to currency exchanges, pawn sho s, smoke shops� , �exses. The Placuiing Commission is to s dy these matters and submit a report to the Council together with any recommendation th the City's present comprehensive plan and zoning regulations pertaining to the above scribed uses be amended. Section 2 Pending the comple 'on of the study, and for the purposes of prohibiting e establishment, conversio r expansion of any currency exchange, pawn sho , oke shop, ,secek � as a permitted use within the City of Saint Paul, and until such time as a study o possible amendments to the Ciry's comprehensive plan and zoning code relating to such use been completed and the Council of the City of Saint Paul has taken action on any reco endation contained therein, no permit or license for the establishment, conversion ar e ansion of any of the above described uses sha11 be issued or approved by the City, its offic s, employees, agents or commissions. This prohibition is enacted for the purposes of protectin the City's planning process and the health, welfare and safety of its cifizens in addition t�the other purposes expressed herein or in an accompanying resolution. Section 3 For a period of time not to exceed 12 months from the effective date of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study and any amendments to the City's comprehensive plan or zoning regulations, the prohibitions herein sha11 continue in full force until a comprehensive policy for the City �� ,� �� relating to the above-described uses can be adopted. In the event the studies and recommendations of the Planuing Commission and the deliberations of the City Council require addifional time, these prohibitions may be extended, by separate action of the City Council for additional periods of time not to exceed an additional 18 months as allowed by Minn. St�t�§ 462355, Subd. 4. � . Date by Council Secretary For the purposes of this interun ordinance and any accompanying shop is any business establishment for wiuch tobacco related sales compi the business establishmenY s total gross receipts; and Section 5 in, a smoke (40) percent of For the purposes of this interim ordinance and any accomp ying resolution, in cases of hardship, any person aggrieved by the requirements of this reso tion and the interim ordinance may apply for a waiver of all or a portion of the applicable re 'ctions. Such application shall be made to the zoning administrator who shall forward it for r'ew by the planning administrator who shall make a recommendation and forward the same o the City Council for final determination. Upon the receipt of such an applicafio e zoning administrator shall also provide notice of the application to neighborhood or 'zations and concerned citizens as detailed in Chapter A-11 of the Saint Paul Admini ative Code. A waiver may be granted where the City Council finds that the waiver wi11 not a ct the integrity of the planning process and that the purposes for which this resolution and the ' terim ordinance were enacted wi11 be served by such waiver. Section 6 This ordinance shall take approval and publication. ORIGINAL Section 4 and be in force 30 days from and after its passage, Reguested by Department of: B`I � Adopted by Coun il Adoption Cer fieC BY: Approv by Mayor: By: Fo� Appro by City Attorney B � �� /� 1� Approved by Mayor for Submission to Council BY: Date �g_�� CITY OF SAINT PAUL 390 Ciry Hal! Telephone: 612-266-85I0 Norm Coleman, Mayor IS West Kel[ogg Baulevard Facsimile: 6I2-266-8513 Saint Paui, 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 prescribing a 90-day moratorium on the issuance of permits and ]icenses 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 re�ulate legal businesses throu�h the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for true 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 orderly and thoughtful regulation, and, by doing sq it sends a negative messa�e 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 simiiar 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 si�nificant reduction from the ori�inal 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 brokerin�, and the moratorium period has been reduced to ninety days. I also am mindful that this Resolution was adopted with enou�h votes to override a mayoral veto. For these reasons I have not exercised that option. Nevertheless, I strongly ur�e the Council to reconsider its position on this matter and to reject the proposed ordinance. � �� _� � � 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 cunent 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, or � ole �� Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce �� p �'Me�c�,. e d PtI�iISHFp ��T ]:� �998 Presented By Referred To 0 Committee Date : An Interim Ordinance preserving the status quo with respect to the use of property within the City of Saint Paul, pending the completion of studies of possible amendments to the City's comprehensive plan and zozung regulafions relating to pawn shops, said Ordinance enacted pursuant to Minn. Stat. § 462355, Subd. 4. The Council of the City of Saint Paul does ordain: Section 1 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 The Saint Paul City Council hereby directs the Department of Planning and Economic Development to undertake a study of the City's comprehensive plan and zoning regulations relating to pawn shops and tobacco shops. The Planning Commission is to study these matters and submit a report to the Council together with any recommendation that the City's present comprehensive plan and zoning regulations pertaining to the above described uses be amended. Section 2 Pending the completion of the study with respect to pawn shops, and for the purposes of prohibiting the establishment, conversion or expansion of any pawn shop as a permitted use within the City of Saint Paul, and until such time as a study of possible amendments to the City's comprehensive plan and zoning code relating to such uses has been completed and the Council of the City of Saint Paul has taken action on any recommendation contained therein, no permit or license for the establishment, conversion ar expansion of any pawn shop sha11 be issued or approved by the City, its officers, employees, agents or commissions. This prohibition is enacted for the purposes of protecting the City's planning process and the health, welfaze and safety of its citizens in addition to the other purposes expressed herein or in an accompanying resolution. Section 3 For a period of time not to exceed 3 months from the effective date of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study of pawn shops and any amendments to the City's comprehensive plan or zoning regulations, the prohibitions with respect to pawn shops herein sha11 continue in full force until a comprehensive policy for the Ciry relating to the above-described uses can be adopted. In the event the studies and recommendations of the Planning Commission and the deliberarions of I r ( �.�-y� U�rs�o�v - 9 a f 9 F� Council File # 98 - � 6 �o Ordinance # Green Sheet # G a1 � as ORDINANCE CITY OF SAINT PAUL, MINNESOTA 1 the City Council require additional time, these prohibirions may be extended, by separate action ��4 2 of the CiTy Council, for additional periods of time not to exceed an additional total extension of 3�� 3 months, as allowed by Minn. Stat. § 462355, Subd. 4. Section 4 10 11 12 13 14 For the purposes of this interim ordinance and any accompanying resolution, a tobacco shop is any business establishment for which tobacco related sales comprise foriy (40) percent of the business establishmenPs total gross receipts. Section 5 This ordinance shall take effect and be in farce 30 days from and after its passage, approval and publication. Requested by Department of: By: Form proved by i A orney BY: 9-3 •98 Adoption Certified by Council Secretary Approved by Mayor for S ission to Council By: T�.�� i� �._ By: Approved Mayor ~ Date --,�� ^ � By: 1 �\ `S �✓�� Adopted by Council: Date � . �.�`9� City Council e :..1 TOTAL # OF SIGNATURE PAGES SJ19/98 Nurm� rors Rovi�NG ORDER GREEN SHEET nEt�rnwrcrort �i8-��G No 62354 Mm,uom. ancoucz ❑ crtrwnonxEr ❑ arrcu.crtK ❑ w�nxuu.asaxcesow. ❑ wawcu�mm�ccrn ❑ wYael��aMry ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) An Interim Ordinance 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 CAMMISSION CIB CAMMITfEE CIVIL SERVICE CAMMISSION IF OFTRANSACTION SOURCE RSONAL SERVICE CONTRAC75 MUST ANSW ERSHE FOLLOWING QUESRONS: Hae Mis persoNfirtn eVerv.nrleed under a conVact far Mi6 dePertmeM7 YES NO Has Mis Pe�ewi/firm e.�er been a cilY emWoYee7 YES NO Does Mis pereoNfirm P�%s a sldN not riormallypossessed bY anY wrreM ap' emPbYee7 YES NO Is Mis persaNfirtn a tarpeted ventla? YES NO cOSimEVEHUE8UDO6TEDlaitc�E ONE) ACSIYRY %UMBER �'1+�`F7 (EXPWNj °`� 'l�� CITY OF SAINT PAUL 390 Ciry Hall Teleplwne: 612-266-8570 Norm Coleman, Mayor IS West Kellogg Boulevard Facsimile: 612-266-SSI3 Saint Paut, MN SSIQ2 .��\ �LL ` � � J/-' October 2, 1998 Council President Dan Bostrom and Members ofthe City Council Third Floor City Hall Saint Paul, Minnesota 55102 Deaz President Bostrom and Members of the City Council: For the second time in recent weeks I am returning to you, without my approval, Council action on the sub}ect of a busittess moratorium. My reasons for not endorsing this ordinance are the same as those expressed in my letter of September 16, 1998, a copy of which is enclosed. While I am accommodating the Council by not exercising a veto on this occasion, I want to do everything in my power to minimize the impact of this moratorium. As a first step, I am directing the Department of Planning and Economic Development to complete and submit to the Council within 30 days the requested study of pawn shops. This should enable very prompt action by the Council on any modifications to our licensing or zoning ordinances which may be warranted by the study. Certainly such action should occur well before the 90 days authorized by the ordinance. 5incerely, �h l Norm Coleman Mayor Enclosure � ��,�� lo �1�� -� . Report from the Deparhnent of Planning and Economic Development staff on Pawn Shop Zoning Study. DEPARTMENI OF PLANNING & ECONOMIC DEVELOPMEMf Pmrsela TYheelcc.� Director � � . CITY OF SA]NT PAUL Norm Coleman, Mayor November 24, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, MN 55102 � zs wesa Fo+urh soeer SaAt Pau� MN55102 RE: PAWN SHOP ZONING STUDX 1998 For City Council Agenda on December 2,1998 � V /�� Te1el.+Rone: 672-2666�00 Facraile: 612-22&3220 PURPOSE: Status Report by PED Staff on the Pawn Shop Zolullg Study Requested in 5eptember Dear Ms. Anderson: The City Council passed Ordinance 98-766 on September 23, 1998 directiug PED and the Planning Commission to study pawn shops and tobacco shops and recammend whether zoning amendments should be enacted. The Ordinance included a three-month moratorium on peimits and licenses for pawn shops. Mayor Coleman objected to tfie moratorium and asked PED to do the study of pawn shops as soon as possible in order to reduce the length of the moratorium. Attached is the first staff draft of the Pawn Shop Zoning Study. If zoning amendments azc made, both the Planning Commission and the City Council must hold public heuiq_¢s. The Planzsing Commission must give 30 days notice. Their hearing will be schedulecl on Jaauary 8,1999. I expect their recommendations to be sent to the Ciry Council ia Febrvary, The study of tobacco shops will follow about a month later. PED decided to separate the ta�+o studies because of the Mayor's desire to keep the moratorium short by doing ihe pawn sh� part right away. � �� 7'hc FED and LIEP sdi8's mitial recommendations are found on page � of the draft. Thes . arr in sammanr: (1) I@00 foot spacing betR-een pawn shops; (2) move toward e�ansion of thr A�n#otnated Pawn S�'sfem to cover certam sales by seeondhand dealeis; and (3) clarify that �wn a,hopa ar� permitted in the downtown, These recommendatioas may change as thr stndy pcasresses, If pc�u �avc any qu�tion;, please ca1I me at 266-6575. �i�acr�y, I/�Y" [,aary � oliu Pri�ci}vl Ptann� Atraach�n� Paum S�op 7 onmg zavdv- (S�sff Drafr 11/2�/9S) �c: City �o�rsitaaembers� • Chu��: Aansmv��, Ivi�J'or s O�ce Paum Whrelo�l:, A£D �! Lmvcjag, k'ED B�o(s�'.e�kr Cbr�sctine Raa�k, LiE1 �r� x� �.� P�r W�. Cit� Atrm�r's �ffir� Cgt. �Ctuar[ Bua�l:c, Potiice Lkpa�tcn�t • 2 DEPARTMEN"I OF PLANNING & ECONOMIC DEVELOPMENT Pame(¢ Wheelock, Director �A � �� l!! T "l CTTY OF SAINT PAUL h'orm Coleman, Mayor 25 West Fmvth St'eet Telephane: 612-266-6700 SairuPaul,MN55702 Focsimile:671-228d220 PAWN SHOP ZONING STUDY . Staff Draft 11124/98 This draft is written for preliminary review by the City Council. Neat the draft will be the subject of a public hearing at the Planning Commission, tentatively scheduled for 1/8/99. For more information, please call Larry Soderholm, Saint Paul Department of Planning and Economic Development, at 266-2575. Questions about licensing can be directed to Christine Rozek in the Saint Paul Office of License, Inspections, and Environmental Protection (LIEP) at 266-9108. � �,�� SAINT PAUL PAWN SHOP ZONING STUD� PED Staff Draft 11/25/98 C�y Council Rec�uest City Council Resolution 98-765, adopted on 9/9(98, directed PED to do a study of pawn shops and tobacco shops. To protect the status quo during the study period, the resolution directed that no pernuts or licenses were to be granted to pawnshops until an interim ordinance was adopted. The resolution defined tobacco shops as businesses for which tobacco sales comprise 40 percent � of the gross receipts. On September 16, 1998, Mayor Coleman wrote to the Council that he did not support a moratorium and would not sign the resolution. However, recognizing that the resolution passed with five votes, he did not veto it either. On September 23, 1998, the City Council took the ne� step and adopted an ordinance matching the earlier resolution. It directed PED to do a study of pawn shops and tobacco shops and imposed a three month moratorium on pernuts and licenses for pawn shops. On October 2, 1998, Mayor Coleman again retumed the ordinance to the City Council unsigned and said he wanted PED to do the study in 30 days to keep the moratorium as short as possible. The three month moratorium imposed by the ordinance became effecrive on 11/9/98, 30 days after its legal publication. The moratorium espires on 2/9/99. The City Council has the power to ea�tend it. Authority for the Study Amendments to the Zoning Code follow the procedures in Section 64.400 of the Code and Minnesota Statutes 5ection 462357. Either the City Council or the Planning Commission can initiate citywide amendments. Public hearings with required nofice aze held at both the Planning • \�PEDVSYS2VSFL4RIDVSODERHOL�ZON[NG�PAWNSHOP.REI Z Commission and the City Council. Amendments to the Licensing Code go direcfly to the City Council as ordinance amendments, which require a public hearing and four readings. 1996 Pawn Shon Zoning Study and Ezisting Regulafions Until 1996, pawn shops were not specifically listed in the Zoning Code. They were first pernutted in B-1 zoning districts as retail businesses. Zoning amendments in 1996 added a definition of "pawn shop" and listed where they were permitted. A pazking standard for pawn shops that matched other retail stores was also added. The definition, which pazallels state law, is as follows: Pawn shoD. A place where money is loaned an security ofpersonal property left in pawn and pledged as collateral for the loan and where such property may be redeemed by the seller in a fixed period of time or sold to the general public. � Under the I996 zoning, a pawn shop is a special condition use in the B-2 community business zoning distdct. B-2 zoning is typically located on neighborhood commercial strips. Pawn shops aze not pemutted in B-I or OS-1 zones, wIucfi aze typicalIy found at comer store Iocations within neighborhoods. The only specific condition for pawn shops is that the business take place entirely within a building. This condition carries through in the B-ZC, B-3, RCGI and I-1 • districts. Pawn businesses that have outdoor sales of used cars, boats, trailers, etc. aze special condition uses in the B-3 general business and I-1 industrial districts with the same restrictions as used caz lots. All types of special condition uses aze subject to general standards relating to compliance with city plans, traffic circulation, neighborhood chazacter, and the orderly development of surrounding properiy. In the I-2 district, pawn businesses are straight pernutted uses. It was the intent of the 1996 study tFcat pawn shops would be pernutted uses downtown in the B-4 and B-5 zones. However, in the downtown zones they were not listed sepazately. This was an oversight. By staff interpretation, pawn shops are assumed to fall uader the more generic entries of "retail business uses" or "service business uses." But since "pawn shop" is defined separately and listed sepazately under the neighborhood commercial zoning districts, it shoutd now be listed sepazately in the downtown zoning districts as well. Licensing is the primary regulatory tool for pawn shops, and the basis for licensing practices are spelled out in state statutes Chapter 404, Sections 1-17. Licensing reg�ilations cover the Automated Pawn System (APS), record-keeping, photos/videos of customers, 90-day minimum redemption period, daily reports to Police Dept. and other specifics of how the licensee and the police are to work together. Licensing and transaction fees pay the City's costs for enforcement work by the Police Department and LIEP. \�Pm�SY52\SFL4RID�SpDERE30L�ZONING�PAW NSHOP.RE 1 • ��'��'� • Iuventorv of Pawnsho�� The 1996 Pawn Shop Zoning Study was requested initially by LIEP and the Police Department in 1995 because in the previous two yeazs there bad been in increase in the number of pawn shops in the city from six to eleven. The Police Departnient was inundazed with 3000 paper records per month of pawn transactions. They wanted a break in the expansion of the pawn trade while they implemented an electronic monitoring system, the Automated Pawn System (APS), to do a better job of seazching for stolen property. In May 1996 there were eleven pawn shop licences in Saint Paul. In October 1998, there aze ten. Two pawn business have closed since 1996 (605 Como Ave., which was the automobile pawn, and 136 E. l Oth St. downtown). One new business has opened (1636 University Ave.) See the attached maps for the 1996 and current inventories of pawn shops in the city. At the time of the moratorium, two additional pawn shops were seeking special conditions use permits (SCUPs), one at Hillcrest and the other neaz W. Seventh and Randolph. The attached table gives the addresses of the pawn shops currenfly operating in the city and the two pending applications. Also caught by the pawn shop moratorium is a building pernut applicauon by Lincoln Pawn on White Bear Ave. to expand their building. Trends in the Pawn Trade 1. National francluses. Pawn shop chain stores have become the majority in Saint Paul. • These outlets have more financial backing and aze able to move inventory azound so that each store has a more balance stock. Pawn America, Cash-N-Pawn, and Lincoln Pawn are all chain stores. According to the Police Department, the national chains aze very responsible in their dealings. They have a lot to lose if they aze caught in any kind of shady dealings. 2. Nicer stores. The new stores are larger, cleaner, brighter, and better organized. The most recent pawn shop is Pawn America at 1636 University Avenue, where they have built a large and attractive new store. The Cash-N-Pawn at 490 University Avenue shazes a building entry with a laundromat that is full of women and children, who aze apparently undeterred by the neighboring pawnbroker. 3. Types of inerchandise. PED staff observed that the most common types of inerchandise at pawn shops are electronic equipment, tools, jewelry, cameras, and sports equipment. In the after-school hours, many of the customers were bargain-hunting youth looking at boomboxes, CDs, computer pazaphernalia, and jewelry. The chain stores have quite a bit of discounted new merchandise. 4. Automated Pawn System. The APS is operating in Saint Paul, Minneapolis, and a half- dozen suburbs. It is an effective law enforcement tool against burglary and theft and will grow in effectiveness as more suburbs join the system and as the system broadens its • \�PED�SY52\SHAREDVSODERHOUZONING\PAWNSHOP.REI scope to other secondhand goods dealers. �roblems with Current Situation Some neighborhood organizafions aze concerned that clusters of "downscale" businesses deter reinvestment in neighborhood commercial areas and, by extension, in surrounding residential azeas. Investment is based partly on people's perceptions and confidence about the future of ttie area. Some of the businesses that are perceived as negatives aze pawn shops, currency exchanges, tattoo pazlors, head shops, second-haad stores, adult entertainment, taverns, and tobacco shops. (PED staff have not yet collected the incidence of police calls to pawn shops or surrounding properties to hy to determine whether the concems of neighborhood orgauizafions aze based mainly on stereotypes or facts.) 2. With the collaborafion between pawnbrokers and potice, the fencing of stoten goods is now more of an issue for secondhand stores and "organized" garage sales, 3. Pawn shops that advertise that they buy and sell guns are particulazly worrisome to neighborhood organizations. An example in Saint Paul is Lincoln Pawn at 1675 White Bear Avenue. Benefits of Pawn Shons A percentage of households (need to find this fact) in LT. S. have no bank accovnt whatever. Pawn shops and currency exchanges are, effectively, their "baaks." 2. Chief Finney wrote Mayor Coleman on 10/2/98 that the Automated Pawn System (APS) is an effective mechanism for recovering stolen property and apprehending criminals. During the first nine months of 1998, $20,000 worth of stolen propercy was recovered from pawn shops. Pawn shop customers pay a transaction fee on each pawn or sate which supports the multijurisdictionat, computerized APS. Saint Paut police officers tracking pawn shop transactions think the indushy is clean and helpful in &ghting property crime. Re�ulations in Other Cities Minnea�,olis: Conditional use in the C-4 General Commercial District. Pawnshops must be Iocated 1000 feet from all e�sting pawn shops, missions, and secondhand goods stores. Bumsville: Permitted in B-3 General Business District with one mile separation beriveen pawa shops. � \ I • ��,�� 'chfield: Conditional use in General Commercial Zone (G2) with a long list of conditions • including: 1,000 feet separation from other pawn shops and from any school, church, day care center, pubiic library, or governmental building: 250 feet from residentially zoned property; no outdoor display or sales; no exterior loudspeaker noise audible on residential pazcel; city- approved visual screening; off-street pazking. Roseville: Pernutted in B-3 General Business District with no specific requirements. West St. Paul: Conditional use in B-3 (S. Robert St.) with 600 feet distance from residenfial zoning, day caze centers, schools, and churches. Alternatives for Zoning and Licensing 1. No change. Neither the Police Department nor LIEP report any significant problems with pawn shops. They were the initiators of the 1996 Pawn Shop Zoning Study and that study produced scant evidence of neighborhood problems caused by pawn shops. 2. Spacing between pawn shops or between pawn shops and certain other licenses businesses. This could be done through the licensing ordinance or through wning. Minneapolis spaces pawn shops 1000 feet from one another and from missions and secondhand stores (which aze defined to exclude used books, antiques, and clothing • consignment). Many Saint Paul residents remember when there was a cluster of pawn shops and porno operations neaz Seventh and St. Peter, the former site of the bus depot. No one wants that kind of cluster to reappeaz in the ciTy. Pawn shops aze now pretty widely distributed (map attached). Three are located in the Midway. The two closest ones aze at 1519 and 1636 University Avenue and they are approximately 1,100 feet apart. Staff aze not awaze at this point of documented reasons why pawn shops should be spaced from missions (ovemight shelters) or from secondhand stores. 3. Spacing between pawn shops and residential zoning districts and/or protected uses such as religious institutions, schools, parks/rec centers. 5ince pawn shops are located on B-2 neighborhood commercial strips, most of them are in close proximity to residen6al property. Imposing a distance from residential property would make them nonconfornung. It would probably require pawn shops in the future to locate in shopping centers. Again, staff aze not awaze of documented reasons why a distance from residential property should be imposed. 4. Ezpansion of APS to secondhand dealers. Minneapolis recendy expanded the Automated Pawn System to other secondhand shops as a crime stopping measure. In Saint Paul LIEP and the Police Department aze both interested in setting up a similaz APS expansion. � \�PIDVSY52\SHARED\SODERHOL�ZONINGWAWNSHOP.REI 6 PED and LIEP Staff Recommendafions Amend the Zoning Code to require 1000-foot spacing between pawn shops as another requirement for a special condition use permit. (Ordinance to be drafted.) 2. Direct LIEP and the Police Department jointly to develop a proposat for extending the Automated Pawn System to cover high-value items for sale at secondhand dealers. List pawn shops as permitted uses (not special condition uses) in the downtown B-4 and B-5 zoning districts with tfie required condifions. T'he two required conditions are that the business be conducted entirely within an enclosed building and that the business is 500 feet from any other pawn shop. In the downtown, with smaller blocks and higher densities, spacing requirements in the Zoning Code are generally half as far as in neighborhoods. (Ordinance to be drafted.) Attachments: City Council Resolurion 98-765 City Council Ordinance 98-766 Mayor's letter of 9/16/98 Mayor's letter of 10/2/98 Maps of Pawn Shop Locations, 1996 and 1998 Inventories of Licensed Pawn Shops, 1996 and 1998 � u • ORIGINAL � Presented By Referred To r-� Y`�'\_ C v� � F�, U e Y S� o�ti ��1 1 a �`�`6 RESOLUTION CITY OF SAINT PAUL, MIlVNESOTA ��-��r� Council File # �.(, S Green Sheet k �o � 3 �j3 Committee: Date 1 WHEREAS, 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 planning study to be conducted for the purposes of considering adoption 4 or amendments o£ the City's comprehensive plan and official zoning controls; and 5 6 7 10 11 12 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 � 36 37 38 WHEREAS, the City of Saint Paui is presently engaged in a comprehensive revision of its zoning code. One major goal of the revision is to minimize land use conflicts neaz or within residential neighborhoods. Other goals of the zoning code revisions include encouraging investment in residential properties, promoting home ownership, preserving the vitality of City neighborhoods and, as a whole, insuring that the City is a desirable place in which to live, work, and visit; and WHEREAS, pawn shops aze first permitted in B-2 districts, and so called "tobacco shops" aze first permitted in B-1 districts; and WHEREAS, the Council of the City of Saint Paul is concerned 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 present comprehensive pian and zoning code contain adequate safeguards which will 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 safeguards 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 establishment, expansion or relocation of pawn shops in the City; now, 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. Accordingly, ihe City Council directs the Department of Planning and Economic Development to immediately undertake studies of the City's comprehensive plan and official zoning controls relating to pawn shops and tobacco shops and to submit a report and any recommendations to the Council; and, be it -.> , ►� 1 FURTHER RESOLVED, that pending the adoption of that interim ordinance prohibiting 2 any activity 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 or granted for the establishment, conversion or expansion of any pawn shop from this 5 date and until the expiration of three (3) months or until such time as the City Council has taken • 6 action on the recommendation contained in the study as allowed by Minn. Stat. § 462355, Subd. 7 4; and, be it 8 9 FURTHER RESOLVED, that for the purposes of this resolution and the study to be done 10 by the Department of Planning and Economic Development, a tobacco shop is any business 11 . establishment for which tobacco related sales comprise forty (40) percent of the business 12 establishment's total gross receipts; and, be it 13 14 FURTHER RESOLVED, that the City specifically reserves the right to ea�tend 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 aze necessary to compiete a planning study, not 17 exceeding a total additional three (3) months as allowed by Minn. Stat. § 462355, Subd. 4. ORIGINAL • , _ ,, , / r�,, , .• • -�� :, / •,,�, ,,: , �� / Requested by Department of: By: Fonn zqved by City torney 8,.: r 9- 3-9k Approved by Mayor for S mission to Council By: 1 \�A.. �- . ��t,,.. Hy: Approved by Ma}ror: ate • By: Adopted by Council: Date �� ` ' 1 Adoption Certified by Council Secretary a�-�� sa«r PAUL � IIIIAA CITY OF SAINT PAUL Norm Coleman, Mayor 390 Ciry Half IS West Keffogg Boulevard Sairst Paul, MN 55102 Telephone:612-266-8510 Facsimi[e: 612-266-SSI3 • • September 16, 1998 Council President Dan Bostrom and Members ofthe 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 tetter I am returning to you, without my approval, the Council Resolution prescribinJ a 90-day moratorium on the issuance of permits 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 le�al businesses throu�h the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for tnae emergencies. To impose a moratorium upon the licensure of le�al 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 permittin� and licensure, it interferes with le�itimate commercial expectations of orderly and thoughtful regulation, and, by doin� so, it sends a negative message to the entire business community about the City's regutatory processes. I note that both the Saint Paul Chamber of Commerce 2nd 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 Councii Resolution, I am mindful that it represents a significant reduction from the original proposai, which cailed for a year-long moratorium on licensure of four separate business activities. The cunent proposal affects just one industry, that of pawn brokerin�, and the moratorium period has been reduced to ninety days. I also am mindfui that this Resolution was adopted with enou�h votes to override a mayoral veto. For these reasons I have not exercised that option. I3evertheless, I stron�ly urge the Council to reconsider its position on this matter and to reject the proposed ordinance. � Members of the City Councit 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 concems 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 orderiy course of business regulation which I urge the Council to fo]low on this and all similaz issues. Si ce ty, o � ole �`�~ Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce • • �J ,:>7 JI rHUL 'n urt o urri�� Rm�ha U�rs�onl - `i � �1/9 � Council File # Qg — 2G, Ordinance # GreenSheet# C.�3 : -' �� :�� Presented By Refeaed To ORDINANCE CITY OF SAINT PAUL, MINNESOTA. as �� ,� Committee Date : 2 3 4 5 An Interim Ordinance preserving the status quo with respect to the use of property withSn the City of Saint Paul, pending the completion of studies of possible amendments to the City's comprehensive plan and zoning regulations relating to pawn shops, said Ordinance enacted pursuant to Minn. Stat. § 462355, Subd. 4. The Council of the City of Saint 1'sul does ordain: Section 1 9 10 � 13 14 15 16 17 IS 19 ZO 21 22 23 24 25 26 27 2$ 24 30 31 � 34 35 The Saint Paul City Council hereby directs the Department of Planning and Economic Development to undertake a study of the City's comprehensive pIan and zoninb regulations relating to pawn shops and tobacco shops. The Planning Commission is to study these matten and submit a report to the Council together with any recommendation that the City's present comprehensive pian and 2oning regulations pertauun� to the above described uses be amended. Section 2 Pending the completion of the study with respect to pawn shops, and for the purposes of prohibiting the establishment, conversion or expansion of any pawn shop as a permitced use within the City of Saint Paul, and until such time as a study of possible amendmenu to the City's comprehensive plan and zoning code relating to such uses has been completed and the Council of the City of Saint Paul has taken action on any recommendation contained therein, no penmit or license for the establishment, conversion or expansion of any pawn shop shall be issued or approved by the City, its officers, empioyees, agents or eommissions. Tt�is prohibition is enaeted for the purposes of protecting the City's plannin� process and the health, welfaze and safety of iu citizens in addition co the other purposes expzcssed herein or in an accompanyin� resolution. Sectioa 3 For a period of time not co exceed 3 months from the effective datc of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study of pawn shops and any smendments to the City's comprehensive plan or zoning iegulations the prohibitions wich respect to pawn shops herein shall continue in fuli force until a comprehensive policy for the City relating to the above-described uses can be adopted. I�s the event the studies and recommendations of tht Plannin� Commission and the deliberations o° 3'G ,� (�'. / 2 3 4 5 6 7 10 11 12 13 14 . _05-1998 11 � D7 a i rnu� i r+ �.-+ �, ,,�-- � the Ciry Councii require additional time, these prohibiteons may be extended, by sepazate action �� of the City Coezncil, for additional periods of time not to exceed an additional total extension of 3(,,� � months as allowed by Minn. Stat. § 462355, Subd. 4. Scction 4 For the purposes of this interim ordinance and any accompanying resolution, a tobacco shop is any business establishment for which tobacco related sales comprise forty (40) percent of the business establishment's total gross receipts. Section 5 This ordinance shall take effcct and be in force 30 days from and afrer iu passage, approvat and publication. • • Requeated Ly bepartment of: Sy: Ddopced by Couneil: Daee _<�1� 1s Adopcion Cercif:ea by Counei� seeretaiy $y: -� �.. �� Approved 6y Mayoz: Daee 8Y: Form zoved by A racy 8 ,,, 9-3 -98 Approved by Maw= £oz S ission to Coun�il 8Y: �J OCT-05-1998 11�54 SI NHUL rIHYUK'b Ur�1LC . CTTY OF SAINT PAUL Norm Coleman, Mayc� October 2, 1998 Council President Dan Bostrom and Members of the City Council Third Floor City Hatl Saint Paul, Ivfinnesota 55102 O1G GVV V�ar ••�� 390 Ciry Hal! IS West Kellogg Bnulevard Sainr Pavl. MN 55102 Dear President Bostrom and Members of the City Council: Telcphane: 6J2-266-8510 Facttmiic: 611-266-8513 �� l For ihe second tune in recent weeks I am returning to you, without my apptoval, Counci] action on the subjec� of a business moratorium. My reasons for not endorsmg this • ordinance are the same as those expressed in my letter of September 16, 1998, a copy of which is enclosed. While I am accommodating the Council by not exercisuig a veto on this occasion, I want to do everything in my power to minimize the impact of this moratorium. As a first step, I am directing the Department of Ptanning and Economic Development to complete and submit to the Council within 30 days the requested study of paWn shops. This should enable very prompt action by the Council on any modifications to our licensing or zoning ordinances which may be warranted by the study. Certainly such action should occur well before the 90 days authorized by the ordinance. Sincerely, �h l Noan Coleman Mayor Enclosure • � Z Q a � � � T ...� � � 0 c� U J 0 � N c � a � (6 a y-+ � .� � a .�.. U Q U � � W Z �W Z� � - --: � Z � Q a � � � J W � W � -� � Z Q d Z J � U Z J � i !i - ...E'....... �> '... . � �. J W; � ..- - w .- .� :Q _ ; Q ... � +:S i ; ; i ; ... Z � Q d Z _ � U Z � Q a z _ Q U a --. U '� � ,� w - Q z �� a a O S � Z � Q a z ¢ U � W � Q W � F= Z � W 2 F- � � Z Q z ¢ a C� Z Y > \ Z Q Z � Q � Z � w W � m z� ��,�� rn � N m c .� N 0 W a a � w � � U s� � � o ° o m � o � E co � r� u+ c� � � co co �� v r- � �c v v c:i Z I� 1� � N N � f� N N m . S'-. � .N .�-. C� .I� ' .N.. .CV � � C � � In Ln tn lq In ln Lf) ^ tn 1n ••-• •-• Q fv (O CO fv (� (D fV .� fv fv v v Z � O Q 2 W m Z w = a w � z a as z � s Q � Q Q °� ¢ a ¢ ¢ w a W � z z W � �- Q a, Q -� Z g = Y 3 g � ? 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Z a F Z IL tA 2�' Z � = Z m tA p � � � [a � �i � � w O D U � w 4 m m � a , ' in m ao N O � � � u� O O O _ -' � ' h � M V A � O�i O � � � ti O O O O � � O O rn n o m � O o c n O g � O m � c u � J � � V F J 9 � i H � r � N N R n r � � � O O O O � � � � .- <- • . � �m�r�,�� ORIGI�AL Ordinance # # 62354 Presented By Refened To 8 L a rO � g g Councii File # `� —� �� ORDINANCE CITY OF SAINT PAUL, MINNESOTA 1 An Interim Ordinance preserving the status quo with 2 within the City of Saint Paul, pending the completiox 3 amendments to the City's compreh nsive plan and 4 currency exchanges, pawn sho p o acco shops, 5 °�^��:s said Ordinance enacted pursuant to in 6 7 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 Date : �ect to the use of properry studies ofpossible g regulations relating to Stat. § 462355, Subd. 4. The Council of the City of S int Paul does ordain: Sec ' n 1 The Saint Paul City Council hereby ' ects the Department of Planning and Economic Development to undertake a study of the C' 's comprehensive plan and zoning regulations relating to currency exchanges, pawn sho s, smoke shops� , �exses. The Placuiing Commission is to s dy these matters and submit a report to the Council together with any recommendation th the City's present comprehensive plan and zoning regulations pertaining to the above scribed uses be amended. Section 2 Pending the comple 'on of the study, and for the purposes of prohibiting e establishment, conversio r expansion of any currency exchange, pawn sho , oke shop, ,secek � as a permitted use within the City of Saint Paul, and until such time as a study o possible amendments to the Ciry's comprehensive plan and zoning code relating to such use been completed and the Council of the City of Saint Paul has taken action on any reco endation contained therein, no permit or license for the establishment, conversion ar e ansion of any of the above described uses sha11 be issued or approved by the City, its offic s, employees, agents or commissions. This prohibition is enacted for the purposes of protectin the City's planning process and the health, welfare and safety of its cifizens in addition t�the other purposes expressed herein or in an accompanying resolution. Section 3 For a period of time not to exceed 12 months from the effective date of this interim ordinance, and for the purposes of prohibiting any development that might be inconsistent with the pending study and any amendments to the City's comprehensive plan or zoning regulations, the prohibitions herein sha11 continue in full force until a comprehensive policy for the City �� ,� �� relating to the above-described uses can be adopted. In the event the studies and recommendations of the Planuing Commission and the deliberations of the City Council require addifional time, these prohibitions may be extended, by separate action of the City Council for additional periods of time not to exceed an additional 18 months as allowed by Minn. St�t�§ 462355, Subd. 4. � . Date by Council Secretary For the purposes of this interun ordinance and any accompanying shop is any business establishment for wiuch tobacco related sales compi the business establishmenY s total gross receipts; and Section 5 in, a smoke (40) percent of For the purposes of this interim ordinance and any accomp ying resolution, in cases of hardship, any person aggrieved by the requirements of this reso tion and the interim ordinance may apply for a waiver of all or a portion of the applicable re 'ctions. Such application shall be made to the zoning administrator who shall forward it for r'ew by the planning administrator who shall make a recommendation and forward the same o the City Council for final determination. Upon the receipt of such an applicafio e zoning administrator shall also provide notice of the application to neighborhood or 'zations and concerned citizens as detailed in Chapter A-11 of the Saint Paul Admini ative Code. A waiver may be granted where the City Council finds that the waiver wi11 not a ct the integrity of the planning process and that the purposes for which this resolution and the ' terim ordinance were enacted wi11 be served by such waiver. Section 6 This ordinance shall take approval and publication. ORIGINAL Section 4 and be in force 30 days from and after its passage, Reguested by Department of: B`I � Adopted by Coun il Adoption Cer fieC BY: Approv by Mayor: By: Fo� Appro by City Attorney B � �� /� 1� Approved by Mayor for Submission to Council BY: Date �g_�� CITY OF SAINT PAUL 390 Ciry Hal! Telephone: 612-266-85I0 Norm Coleman, Mayor IS West Kel[ogg Baulevard Facsimile: 6I2-266-8513 Saint Paui, 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 prescribing a 90-day moratorium on the issuance of permits and ]icenses 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 re�ulate legal businesses throu�h the issuance of a moratorium. A moratorium is a drastic measure which should be reserved for true 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 orderly and thoughtful regulation, and, by doing sq it sends a negative messa�e 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 simiiar 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 si�nificant reduction from the ori�inal 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 brokerin�, and the moratorium period has been reduced to ninety days. I also am mindful that this Resolution was adopted with enou�h votes to override a mayoral veto. For these reasons I have not exercised that option. Nevertheless, I strongly ur�e the Council to reconsider its position on this matter and to reject the proposed ordinance. � �� _� � � 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 cunent 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, or � ole �� Mayor cc: Nancy Anderson Business Review Council Saint Paul Chamber of Commerce