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5.12. SR 03-18-1996ity of 'ver MEMORANDUM ITEM 5.12. TO: FROM: DATE: Mayor & City Council Scott Harlicker~/J March 18, 1996 SUBJECT: Moratorium on the Establishment of Pawnshops or the Licensing of Pawnbrokers. Issue Consider Ordinance No. 96- establishing a moratorium on the establishment of pawnshops or the licensing of pawnbrokers. Attachments Ordinance No. 96- Report to the Planning Commission dated February 27, 1996 Background At the November 27, 1995 City Council meeting, the Council passed a resolution ordering a public hearing on the proposed moratorium on pawn shops and the licensing of pawn brokers 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 the moratorium to allow the City opportunity to review the existing pawn shop ordinance and licensing requirements. The Council estimated that the process will take approximately 6- 12 months. Planning Commission Meeting The Planning commission held a public hearing to review the proposed ordinance amendment at the February 27, 1996 Planning Commission meeting. The Planning Commission recommended approval of the proposed ordinance amendment. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Recommendation It is recommended the City Council consider approving Ordinance No. 96- establish in g a moratorium on pawn shops and the licensing of pawn brokers. s:\pl~nnin g\scott\oa96-3cc.doc ORDINANCE 96- 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. Purposes. 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 finds 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 extension 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 permit 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 18th day o£March, 19916. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk s :\documantXor dinanc\p awnshop.doc ~-'ity of 'ver ITEH 7.15. MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Scott Harlicker, Planning Assistan~ February 27, 1996 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 February 27, 1996 Recommendation Page 2 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 DIRECTrNG THAT NO PERMITS, APPROVALS OR LICENSES BE GRANTED PENDING THE PUBLIC HEARING 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: City Council finds 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. The City Council further finds 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. Therefore, th.-. City Council resolves and directs as follows: 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 punic 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. f/I-I'eadJ A. Duitsman, Mayor ATTEST: ~andra A. Tl~ackera~, Ci~' ~:lerk PXB 102032 2. Elk River City Council Minutes NovemDer 20, 1995 Page 7 7.8. r inonce Amendment Re uest b th i f Ik River Publi Heatin ase 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 mailer, 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 I~ELATING TO ACCESSORY BUILDINGS, CA~E NO. aA 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. 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. COUNCIl. MEMBER FARBER MOVED TO DIRECT THE CITY'S ATTORNEY TO REVIEW THE PROCEDURE NECESSARY TO PA~$ A MORATORIUM ON PAWN SHOPS UNTIL THE CITY HAS A CHANCE TO REVIEW ITS ORDINANCE. COUNCILN~EMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Ach reviewed the status of the application process for the planning assistant. There being no further business, COUNCIl. MEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCIl. MEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 8:40 p.m. Respe, cffully submitted, Y · Sandra Thackeray , City Clerk -) Elk River City Council Minutes November 27, 1,o95 the establishment of pawn shops and licensino of pawnbrokers to allow the city to review its licensing requirements. The city administrator read the resolution. COIJNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-79, AN RESOLUTION ORDERING A PIJBLIC HEARING ON A PROPOSED MORATOIUUM 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 HOLMG£EN SECONDED THE MOTION. THE MOTION CARRIED 5-0. .Board and Committee Appointment,, - The city clerk reviewed the applicants who have applied for the vacancies on the boards and commissions. She stated thai interviews will be held on December 4, 1995, at the Council meeting. There being no further business, COUNCILMEMBER SCHEE[ MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED .~-0. The meeting of the Elk River City Council was adjourned at 10:06 p.m. Respe .gffuIly submitted, / /Sandro Thackeray City Clerk Elk River City Council Minutes November 27, ],o95 Page 6 ~- Steering Committee Chair Bob Minton indicated that the Steering Committee felt that the city needs to encourage and upgrade commercial property in cedain 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 oreo 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. Chris Kreger, 11661 205th Avenue NW, indicated that he was o Planning Commission and Steering Committee member. He thanked everyone who participated in the Plan and spoke on the planning process for the Plan. 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. COUNCIL.MEMBER 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. Other Business .Pawn Shop Licenser - The city administrator indicated that the city attorney has prepared a resolution to be adopted by the Council imposing a moratorium on