Memo-2nd Reading Ordinance 2003-892
. MEMO
From:
City Council
Nancy Anderson
To:
Date:
January 13, 2003
Second Reading for Ordinance 03-892
Subject:
Attached is Ordinance 03-892 for second reading. This ordinance will place a
moratorium and regulating currency exchanges as a permitted and secondary use.
The City Council's action is to approve the ordinance for second readinq and order the
ordinance published.
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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. Background and Findings:
1.0 I At the December 3, 2002 City Council meeting, the City Council denied request [or a
zoning text amendment to allow cUlTency exchanges as a pennitted lIse within the B-~
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 detennined 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 establislmlent or operation of currency exchanges as a
pemlitted 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 Ofticial Controls
or adopt new ordinances relating to currency exchanges as a permitted and secondary
pcnnitted 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 determine
if there should be amendments to the zoning ordinance regarding the pennitting 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 llse 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 teml 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 modificatlons 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 the State of Minnesota or Ordinances of the City of Hopkins, in any Cmni of
competent jmisdictiol1.
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid
unenforceable by a COUli 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 Publication:
Date Ordinance Takes Effect:
January 7, 2003
January 21,2003
January 30,2003
January 30, 2003
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FOR1\1 AND LEGALITY:
City Attomey Signature
Date