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HomeMy WebLinkAbout2343-07 - ADMIN Ordinance - City Council - 2007/10/08ORDINANCE NO. 2343-07 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING PAWNSHOPS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Background. 1.01. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4., the City of St. Louis Park is authonzed to establish interim ordinances to regulate, restrict or prohibit any use or development in all or a part of the City while the City or its planning consultant is conducting studies, or has authonzed a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. The City declares that this Interim Ordinance is established pursuant to the aforementioned statute. 1.02 Findings and Purpose. There are substantial concerns that the current City zoning ordinance provisions relating to pawnshops do not adequately address issues relating to pawnshops, such as the appropnate locations and the conditions under which they may be allowed within the City, including compatibility with existing uses in the area. There are also concerns about the land use impacts of the combination of pawnshop uses with other uses at the same location such as a secondhand goods store, precious metal dealer, and banlung and/or lending type uses As a result of the important land use and zoning issues cited above, the City Plannmg staff will conduct studies for the purpose of consideration of possible amendments to the City's official controls to address the issues concenung pawnshops. The City finds that this Intenm Ordinance must be adopted to protect the planning process and the health, safety and welfare of the citizens. SECTION 2. Definition. For purposes of this Ordinance, the term "pawnshop" is defined as follows: Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. SECTION 3. Prohibition. 3.01. In accordance with the findings set forth in Section 1.02 and pursuant to the authority of Minnesota Statutes, Section 462.355, subd. 4, there is hereby established a moratonum on the establishment of pawnshops within the City. 3.02. Dunng the effective penod of this Interim Ordinance, applications for a business license, building permit or any other permit for a new pawnshop shall not be accepted, considered or approved by the City. This Ordinance prohibits the further consideration and approval of any pending license application for a new pawnshop. SECTION 4. Enforcement. The City may enforce this Ordinance by injunction or any other appropnate civil remedy in any court of competent jurisdiction. Ordinance No. 2343-07 -2- SECTION 5. Separability. Every section, provision or part of this Ordinance is declared separable from every section, provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. SECTION 6. Duration. This Ordinance shall take effect fifteen days after its publication and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or nine (9) months, whichever occurs first. DO First Reading October 1, 2007 Second Reading October 8, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 ED this 8th day of October, 2007, by the City Council of the City of St. Louis Park. Revi - w d r• r Administration City M Attest: a er Adopted by the City Council October 8, 2007 Mayor Appro •d as t• -Form andxecution: G6 Cit Attorney • CI newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s), it was first published on Thurs- day, the 11 day of October 2007, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the __ day of , 2007, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice • abcdefghijklmnopqrstuvwxyz Subscribed and sworn to or affirmed before me on this 11 day of October , 2007 Notary Public MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by 411 commercial users $ 2 85 per line for comparable space (2) Maximum rate allowed by law $ 6 20 per line (3) Rate actually charged $ 1 30 per line City of St. Louis Park (Official Publication) ORDINANCE NO 2343-07 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING PAWNSHOPS THE CITY OF ST LOUIS PARK DOES ORDAIN SECTION 1 Background 1 01 Authority Pursuant to Minnesota Statutes Section 462 355, Subd 4 , the City of St Louis Park is au- thorized to establish interim ordinances to regulate, re- strict or prohibit any use or development in all or a part of the City while the City or its planning consultant is con- ducting studies, or has authorized a study to be conduct- ed, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls The City declares that this Interim Ordinance is established pursuant to the aforementioned statute 1 02 Findings and Purpose There are substantial concerns that the current City zoning ordinance provi- sions relating to pawnshops do not adequately address is- sues relating to pawnshops, such as the appropriate lo- cations and the conditions under which they may be al- lowed within the City, including compatibility with existing uses in the area There are also concerns about the land use impacts of the combination of pawnshop uses with other uses at the same location such as a secondhand goods store, precious metal dealer, and banking and/or lending type uses As a result of the important land use and zoning issues cited above, the City Planning staff will conduct studies for the purpose of consideration of possi- ble amendments to the City's official controls to address the issues concerning pawnshops The City finds that this Interim Ordinance must be adopted to protect the plan- ning process and the health, safety and welfare of the cit- izens SECTION 2 Definition For purposes of this Ordinance, the term "pawnshop" is defined as follows Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public SECTION 3 Prohibition 3 01 In accordance with the findings set forth in Section 1 02 and pursuant to the authority of Minnesota Statutes, Section 462 355, subd 4, there is hereby es- tablished a moratorium on the establishment of pawn- shops within the City 3 02 During the effective period of this Interim Or- dinance, applications for a business license, building per- mit or any other permit for a new pawnshop shall not be accepted, considered or approved by the City This Ordi- nance prohibits the further consideration and approval of any pending license application for a new pawnshop SECTION 4 Enforcement The City may enforce this Or- dinance by injunction or any other appropriate civil reme- dy in any court of competent jurisdiction SECTION 5 Separability, Every section, provision or part of this Ordinance is declared separable from every section, provision or part of this Ordinance If any section, provision or part of this Ordinance is adjudged to be in- valid by a court of competent jurisdiction, such judgment shall not invalidate any other section provision or part of this Ordinance SECTION 6 Duration This Ordinance shall take effect fifteen days after its publication and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or nine (9) months, whichever occurs first This ordinance shall take effect 15 days after publication Adopted by the City Council October 8, 2007 Jeffrey W Jacobs /s/ Mayor Published in St Louis Park Sailor October 11, 2007 (Oct 11, 2007) a3 -Ord 2343-07