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Home My WebLink About2007/10/08 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA COUNCIL CHAMBERS October 8, 2007 6:30 p.m. 6:30 p.m. SPECIAL CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Resolutions, Ordinances, Motions and Discussion Items 8a. 2nd Reading Pawn Shop Interim Ordinance 3. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting Date: October 8, 2007 Agenda Item #: 8a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Interim Ordinance Temporarily Prohibiting Pawnshops RECOMMENDED ACTION: Motion to adopt second reading of an Interim Ordinance temporarily prohibiting pawnshops. POLICY CONSIDERATION: There are substantial concerns that the current City zoning ordinance provisions do not adequately address issues relating to pawnshops, such as the appropriate 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 banking and/or lending type uses. BACKGROUND: Pawnshops are currently allowed in the C-2, General Commercial zoning district, subject to city licensing considerations and requirements. General commercial zoning districts are located throughout the community. There has not been a study of zoning regulations relating to pawnshops. The last comprehensive zoning ordinance adopted by the City was in the early 1990s. Since that time, the City has studied various uses and made changes to its official controls relating to those uses, however the City has not studied pawnshop uses. The land use in the City has changed substantially since the early 1990s. Likewise, pawnshops and other businesses typically now being conducted in conjunction with pawnshops have also changed substantially. At the October 1, 2007 Council meeting, the attorney for Pawn America brought up matters relating to its license application. As to the zoning issues, City staff has not determined whether or not the site meets all the requirements of the zoning ordinance for a pawnshop use. The form provided to Pawn America confirming that pawnshops are an allowed use in the C-2 District specifically advised the applicant of this fact and that in addition a “Registration of Land Use” application would be necessary. This additional application was not submitted until September 28, 2007. All the necessary information for review has not yet been submitted by the applicant. The further processing of the application is now on hold pursuant to the City Council October 1, 2007 action. The duration of the interim ordinance is proposed to be nine months. FINANCIAL OR BUDGET CONSIDERATION: N/A Meeting of October 1, 2007 Page 2 Subject: Interim Ordinance Temporarily Prohibiting Pawnshops VISION CONSIDERATION: N/A Attachments: Ordinance Temporarily Prohibiting Pawnshops Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Tom Scott, City Attorney Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 3 Subject: Interim Ordinance Temporarily Prohibiting Pawnshops ORDINANCE NO. _____-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 authorized 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 authorized 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 appropriate 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 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 possible 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 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 moratorium on the establishment of pawnshops within the City. 3.02. During the effective period 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. Meeting of October 1, 2007 Page 4 Subject: Interim Ordinance Temporarily Prohibiting Pawnshops SECTION 4. Enforcement. The City may enforce this Ordinance by injunction or any other appropriate civil remedy 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 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. First Reading October 1, 2007 Second Reading October 8, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 ADOPTED this ______ day of ____________, 2007, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By:___________________________ Jeffrey W. Jacobs, Mayor ATTEST: _______________________________ Nancy Stroth, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney