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•
River MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Planning Assistan `'
DATE: February 27, 1996
SUBJECT: City of Elk River Request for
Ordinance Amendment Establishing
a Moratorium on Establishing
Pawnshops and Licensing of
Pawnbrokers, Public Hearing
Case No. OA 96-3
Request
• The City of Elk River is requesting an ordinance amendment establishing a
moratorium on the establishing of pawn shops or the licensing of pawnbrokers.
Attachments
• Minutes from the City Council meetings dated November 20, 1995 and
November 27, 1995
• Resolution and Ordinance pertaining to the proposed moratorium
Background
At the November 20, 1995 City Council meeting, the Council requested that staff
review the pawn shop ordinance and the procedure for passing a moratorium on
pawn shops. At the November 27, 1995 City Council meeting, the Council passed
a resolution ordering a public hearing on the proposed moratorium on the
establishment of pawn shops and licensing of pawnbrokers and directed staff to
grant no permits, approvals or licenses until the City Council has completed its
public hearing on the proposed moratorium ordinance. It is the intent of this
moratorium to allow the City opportunity to review the existing pawn shop
ordinance and licensing requirements.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission/OA 96-3 Page 2
February 27, 1996
• Recommendation
It is recommended that the Planning Commission recommend approval of an
interim ordinance establishing a moratorium on the establishment of pawn
shops and the licensing of pawnbrokers within the City of Elk River as outlined
in the attached ordinance.
•
•
s:\planning\scott\oa96-3.doc
CITY OF ELK RIVER
• CITY COUNCIL
RESOLUTION NO. 95 -79
A RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED
MORATORIUM ON THE ESTABLISHMENT OF PAWN SHOPS AND
LICENSING OF PAWNBROKERS AND DIRECTING THAT NO
PERMITS, APPROVALS OR LICENSES BE GRANTED
PENDING THE PUBLIC HEARING
WHEREAS, it has come to the attention of the City Council that the City's Code of
Ordinances may need to be revised and updated with respect to the
establishment of pawn shops and licensing of pawnbrokers; and
WHEREAS, the City Council has directed City staff to review the current ordinances and
make recommendations with respect to the proposed amendments; and
WHEREAS, this process will take approximately 6-12 months;
NOW, THEREFORE, the City Council of the City of Elk River, Minnesota, finds and
• resolves as follows:
1. City Council fords that it is in the best interests of the citizens of Elk
River to consider a moratorium ordinance on the establishment of pawn
shops and licensing of pawnbrokers until the Code of Ordinances can
be amended.
2. The City Council further fords that it is necessary to protect the
integrity of the planning process to restrict the establishment of pawn
shops and licensing of pawnbrokers until the City Council can hold a
public hearing and act on the proposed moratorium ordinance.
3. Therefore, MI. City Council resolves and directs as follows:
0 City staff is directed to schedule public hearings on the proposed
moratorium ordinance attached as Exhibit A to this Resolution
for the Planning Commission's December meeting and the City
Council's third meeting in January.
City staff is directed not to accept any applications for any
approval required by the Code of Ordinances for the
• establishment of a pawn shop or the licensing of a pawnbroker,
nor to accept any applications for or issue any building permits
for construction of pawn shops until the City Council has
• completed its public hearing on the proposed moratorium
ordinance.
Passed and adopted by the City Council of the City of Elk River, Minnesota this 27th day of
November, 1995.
•
e 0 A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
•
• PXB 102032 2.
EXHIBIT A
• ORDINANCE 95 -
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE
ESTABLISHMENT OF PAWN SHOPS OR THE LICENSING OF
PAWNBROKERS WITHIN THE CITY OF ELK RIVER
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose. The City Council has determined that it is necessary for the
City to update its Code of Ordinances with respect to pawn shops and pawnbrokers. The
purpose of this Ordinance is to maintain the status quo for a limited period of time until the
Code of Ordinances can be revised as necessary to regulate these uses. It is anticipated that
this process will take approximately one (1) year.
Section 2. Findings. The City Council of the City of Elk River fords that it is
necessary, in order to protect the health, safety and welfare of the citizens of Elk River, to
declare a moratorium on the establishment of pawn shops and licensing of pawnbrokers
within the City of Elk River until the City has completed the process of updating the City of
Elk River Code of Ordinance provisions related to pawn shops and pawnbrokers, including
• the appropriate official controls to regulate these uses.
Section 3. Moratorium Declared. During the term of this Ordinance and any
extensions thereof, a moratorium is hereby imposed within the City of Elk River on the
establishment of pawn shops and the licensing of pawnbrokers as defined in the City of Elk
River Code of Ordinances. During the terms of this moratorium, the City will not accept an
application for or consider any approval required by the Code of Ordinances for the
establishment of a pawn shop or licensing of a pawnbroker and will not accept an application
for or issue any building permits for construction of a pawn shop.
Section 4. Term. This Ordinance shall be effective upon publication as provided
by law, and shall terminate 365 days thereafter unless earlier terminated or extended by
action of the City Council. It is the intent of the City Council that this Ordinance shall be in
effect only until the City has completed the process of updating its Code of Ordinances with
respect to pawn shops and pawnbrokers and has adopted the appropriate official controls to
implement the updated Ordinances.
•
Passed and adopted by the City Council of the City of Elk River, this 16th day of
• January, 1996.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
•
• PXB 102032 2.
Elk River City Council Minutes Page 7
November 20, 1995
7.8. Ordinance Amendment Request by the City of Elk River, Public Hearing, Case
No. OA 95-15
City Planner Steve Ach indicated that the City of Elk River is requesting an
ordinance amendment which would establish a minimum garage size of 20 feet
by 22 feet in all single family zoning districts within the urban service area. Steve
Ach indicated that the Planning Commission reviewed the request and
recommended approval.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-27, AN
ORDINANCE AMENDING SECTION 900.20(3) OF THE CITY OF ELK RIVER CODE OF
ORDINANCES RELATING TO ACCESSORY BUILDINGS, CASE NO. OA 95-15.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1.
Councilmember Scheel opposed as she indicated she is opposed to these types
of government regulations.
9. Other Business
Councilmember Farber requested staff to review its pawn shop ordinance. It
was the consensus of the City Council to review the procedure for passing a
moratorium on pawn shops until the city has a chance to review its ordinance.
• COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY'S ATTORNEY TO REVIEW THE
PROCEDURE NECESSARY TO PASS A MORATORIUM ON PAWN SHOPS UNTIL THE
CITY HAS A CHANCE TO REVIEW ITS ORDINANCE. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
10. Staff Updates
Steve Ach reviewed the status of the application process for the planning
assistant.
11. Adjournment
There being no further business, COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the Elk River City Council was adjourned at 8:40 p.m.
Respectfully submitted,
9
Sandra Thackeray
City Clerk
Elk River City Council Minutes Page 7
November 27, 1995
the establishment of pawn shops and licensina of pawnbrokers to allow the city
to review its licensing requirements. The city administrator read the resolution.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-79, AN RESOLUTION
ORDERING A PUBLIC HEARING ON A PROPOSED MORATORIUM ON THE
ESTABLISHMENT OF PAWN SHOPS AND LICENSING OF PAWNBROKERS AND
DIRECTING THAT NO PERMITS, APPROVALS, OR LICENSES BE GRANTED PENDING THE
PUBLIC HEARING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Board and Committee Appointments - The city clerk reviewed the applicants
who have applied for the vacancies on the boards and commissions. She
stated that interviews will be held on December 4, 1995, at the Council meeting.
5. Adjournment
There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
The meeting of the Elk River City Council was adjourned at 10:06 p.m.
Respeptfully submitted,
41111 'Sandra Thackeray -"-
City
City Clerk
•
Elk River City Council Minutes Page 6
November 27, 1995
Commercial - Steering Committee Chair Bob Minton indicated that the Steering
Committee felt that the city needs to encourage and upgrade commercial
property in certain areas of the city. He indicated that this is one of the great
needs for the extension of utilities.
Mayor Duitsman requested public comment on this issue. There was no public
comment on the commercial area of the Plan.
Industrial - Steering Committee Chair Bob Minton indicated that the city does
not have a large quantity of property zoned industrial that is immediately
available for industrial development. He stated that it is very important to
define areas for industry which would allow industrial development immediately.
He indicated that industrial development is important for the tax base and for
jobs in Elk River.
Mayor Duitsman requested public comment on this section.
1. Chris Kreger, 11661 205th Avenue NW, indicated that he was a Planning
. Commission and Steering Committee member. He thanked everyone
who participated in the Plan and spoke on the planning process for the
Plan.
4111
Land Use - Bob Minton indicated that there were some errors in the land use
plan and requested the Council to correct the errors.
Dick Hetland, East Highway 10 business owner, questioned if a new land use
designation would affect his current business.
Mayor Duitsman indicated that he would not feel comfortable making a
decision on the Comprehensive Plan at this time, but would like time to reflect
on the public comment. He suggested that the Council make its decision during
the December 11 special City Council meeting to be held at City Hall and that
this issue would be on the agenda at 8 p.m.
COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE TO THE DECEMBER
11, 1995, CITY COUNCIL MEETING TO BE HELD AT CITY HALL AT 8 P.M.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Councilmember Farber requested some background information on clustering
developments to be available at the December 11 Council meeting.
4. Other Business
Pawn Shop Licenses - The city administrator indicated that the city attorney has
prepared a resolution to be adopted by the Council imposing a moratorium on