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2003-892 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 Findin2s: 1.01 At the December 3, 2002 City Council meeting, the City COlUlcil denied request for a zoning text amendment to allow Clm"ency exchanges as a pennitted use within the B-3 zoning district. The City COlU1cil adopted the following findings as the basis of that denial: 1. That a cunency exchange use is not compatible with residential uses adj acent to B-3 districts. 2. That the Planning COlmnission 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 COlU1Cil directed staff to prepal"e 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. I 1.03 There is a need for a study to be conducted so the City Council can detennine 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 pennitted 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 tIus Interim Ordinance will protect the planning process and the health, safety and welfare of it citizens while the study provided for in this Ordinallce is being conducted. Section 2. Plannin2 Study. 1.01 The City staff shall conduct the research and planrIing study. This study shall detennine if there should be amendments to the zoning ordinance regal"ding the permitting and/or regulating of currency eXChallges 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 ofthe City. Section 3. Moratorium A moratorium is hereby adopted on the establishment or operation of currency exchanges as a pemlitted and secondal"y 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 Ordinallce 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 alld 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 COlillcil in order to complete the study authorized hereby and to adopt any neceSSal"y modifications to the City's Ordinallce, Regulations and Official Controls. Section 4. Enforcement. The City may enforce the provision of this Interim OrdinallCe 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 Milmesota or Ordinances of the City of Hopkins, in any Comi of competent jurisdiction. Section 5. Severability. Every section, provision or part of this Interim Ordinallce is declared severable fi"om every other section, provision or pmi, and if any portion of this Interim Ordinance is held invalid unenforceable by a COUli of competent jmisdiction, it shall not invalidate allY other section, provision or pali if this Interim Ordinallce. Section 6. Effective Date. This Interim OrdinallCe shall be effective upon its publication. First Reading: January 7,2003 Second Reading: January 21, 2003 Date of Publication: January 30, 2003 Date Ordinance Takes Effect: &mn~~ En en~ll, Mayor / ~Ri6VE AS TO lRM AND LEGALITY: ,I / I I . . \ \ I: ;{j.;# 'UI/ ~ i;1V(Uvl ~3,NJo3 city Attorney Signature U Dat~ V