95-079 RES
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CITY OF ELK RIVER
CITY COUNCIL
RESOLUTION NO. 95 -79
A RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED
MORATORIUM ON THE ESTABUSHMENT OF PAWN SHOPS AND
LICENSING OF PAWNBROKERS AND DIRECTING THAT NO
PERMITS, APPROVALS OR UCENSES BE GRANTED
PENDING THE PUBUC 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, fmds and
resolves as follows:
1. City Council fmds 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 finds that it is necessary to protect the
integrity of the plunning 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, th~ City Council resolves and directs as follows:
o City statf 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.
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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
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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.
ATTEST:
~t:?\#:~~/
Sandra A. Thackeray, City Clerk /
PXB 102032
'It !J~
vfHe A. Duitsman, Mayor
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EXHIBIT A
ORDINANCE 95 -
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABUSHING A MORATORIUM ON THE
ESTABUSHMENT OF PAWN SHOPS OR THE UCENSING 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 fmds 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 DL'Clared. During the termhof 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 defmed 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
e January, 1996.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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PXB 102032
2.