CR 2003-008 Interim Ordinance Regulating Currency Exchanges
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CITY OF
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HOPKINS
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January 2,2003
Council Report 03-08
INTERIM ORDINANCE REGULATING CURRENCY EXCHANGES AS A
PRIMARY OR SECONDARY USE
Proposed Action.
Staff recommends the following motion: move to adopt Ordinance 03-892, placing an
interim ordinance regulating currency exchanges as a permitted and secondary use, for first
reading.
Overview.
Approximately a month ago there was an application for a zoning amendment to allow a
currency exchange as a permitted use within the B-3 zoning district. The City Council
denied this amendment. The City Council directed staff to draft an ordinance to place a
moratorium on currency exchanges as a primary or secondary use within the business
districts. This moratorium will allow time for the City staff to review the City's ordinances
and other cities' ordinances and to make recommendations to the City Council for possible
amendments to the zoning ordinance.
The interim ordinance will expire one year after it is effective. The ordinance may be
extended for an additiona'l six months.
Supportine: Documents.
· Ordinance 03-892
%w ~OJ1[)OY)
Nancy . Anderson, AICP
Planner
Financial Impact: $_ N/ A_Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR03-08
Page 2
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Alternatives.
1. Approve the moratorium. By approving the moratorium, currency exchanges will not be
allowed as a primary or secondary use in the business districts during the moratorium.
2. Deny the moratorium. By denying the moratorium, cun'ency exchanges will be allowed
as secondary uses. Any proposed currency exchanges as a primary use will have to apply
for an amendment to the zoning ordinance to be pel111itted. If the City Council considers
this alternative, findings will have to be identified that support this altemative.
3. Continue for further infol111ation. If the City Council indicates that further infomlation is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-892
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING CURRENCY EXCHANGES AS A PERMITTED AND
SECONDARY USE
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Backeround and Findines:
1.01 At the December 3, 2002 City Council meeting, the City Council denied request for a
zoning text amendment to allow currency exchanges as it permitted use within the B-3
zoning district. The City council adopted the following findings as the basis of that
denial:
1. That a currency exchange use is not compatible with residential uses adjacent to
B-3 districts.
2. That the Planning Commission has determined that there are sufficient number of
businesses that exist in Hopkins to provide the residents similar services, such as
banks or credit unions.
1.02 On December 3, 2002 the City Council directed staff to prepare an interim ordinance
placing a moratorium on the establishment or operation of currency exchanges as a
permitted and secondary use within the City of Hopkins.
1.03 There is a need for a study to be conducted so the City Council can determine whether it
is necessary to amend the City's Existing Ordinances, Regulations and Official Controls
or adopt new ordinances relating to currency exchanges as a permitted and secondary
permitted use within Hopkins.
1.04 Minnesota Statues, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this
Interim Ordinance to protect the planning process. The City Council finds that adoption
of this Interim Ordinance will protect the planning process and the health, safety and
welfare of it citizens while the study provided for in this Ordinance is being conducted.
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Section 2. Planning Study.
1.01 The City staff shall conduct the research and planning study. This study shall detemline
if there should be amendmcnts to the zoning ordinance regarding the pemlitting and/or
regulating of currency exchanges with the City.
1.02 Upon completion of the study, the study shall be submitted by staff to the City Council
for its review and consideration of any modifications to the existing Ordinances,
Regulations and Official Controls of the City.
Section 3. Moratorium
A moratorium is hereby adopted on the establishment or operation of currency exchanges as a
pemlitted and secondary use within the City of Hopkins for the purpose at protecting the
planning process pending completion. The Interim Ordinance and the moratorium imposed by
this Interim Ordinance shall remain in effect until the date that is one year after the effective date
of this Interim Ordinance, or such earlier date as may hereafter be established by an Ordinance
duly adopted by the City Council. The term of this Interim Ordinance and the moratorium
imposed hereby may be extended for an additional period of time not to exceed six months by
Resolution duty adopted b the City Council in order to complete the study authorized hereby and
to adopt any necessary modifications to the City's Ordinance, Regulations and Official Controls.
Section 4. Enforcement.
The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable
remedy, including, but not limited to, remedies and enforcement procedures provided in the
statutes of thc State of Minnesota or Ordinances of the City of Hopkins, in any Court of
competent jurisdiction.
Section 5. Severability.
Every section, provision or pmi of this Interim Ordinance is declared severable from cvery other
section, provision or part, and if any p01tion of this Interim Ordinance is held invalid
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section,
provision or part if this Interim Ordinance.
Section 6. Effective Date.
This Interim Ordinance shall be effective upon its publication.
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First Reading:
Second Reading:
Date of Publ ication:
Date Ordinance Takes Effect:
January 7,2003
January 21,2003
January 30, 2003
January 30, 2003
Eugene 1. Maxwell, Mayor
ATTEST:
Teny ObCl111aicr, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attomey Signature
Date