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HomeMy WebLinkAbout1994-075 CCRMember Dave Rosene resolution and moved its adoption: RESOLUTION NO. 94 -75 introduced the following RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; REGULATING AND RESTRICTING THE DEVELOPMENT OF SECONDHAND GOODS STORES, PAWNSHOPS, CHECK- CASHING ESTABLISHMENTS, AND TEMPORARY EMPLOYMENT BUSINESSES WITHIN THE CITY WHEREAS, the City's zoning ordinance does not contemplate or adequately address the classification of secondhand goods stores, pawnshops, and other similar uses; and WHEREAS, the City's zoning ordinance classifies employment agencies as a permitted use in a C1 Service /Office zoning district, but the characteristics of temporary employment agencies differ, however, in material respects from other permitted uses in the C1 zoning district; and WHEREAS, the City's zoning ordinance classifies financial institutions as a permitted use in a C1 Service /Office zoning district, but the characteristics of check cashing establishments differ, however, in material respects from other permitted uses in the C1 zoning district; and WHEREAS, the City Council deems it necessary for a study to be conducted to determine how such uses should be regulated within the City and deems it desirable to place a moratorium on the development of such uses until the study has been completed and any amendments to the comprehensive plan and zoning ordinance are adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The City staff is directed to conduct a study to determine how uses such as: (a) secondhand goods stores, pawnshops, and other similar uses; (b) check cashing businesses; and (c) temporary employment agencies, should be regulated within the City. The scope of the study should include, but not be limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted or conditional uses; b. the concentration and density of such uses in the City and its neighborhoods; c. the effect of such uses on other uses in the surrounding area; and 1 1 1 RESOLUTION NO. 94 -75 d. the need, if any, for modifications to the licensing regulations regarding secondhand goods stores and pawnshops, so as to maintain harmony and consistency between the City's zoning and licensing regulations. 2. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3. A moratorium on the development of: (a) secondhand goods stores, pawnshops, and other similar uses; (b) check cashing businesses; and (c) temporary employment businesses, is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No license or building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period created under this resolution shall expire on the earlier of December 1, 1994, or such earlier date as may be further adopted by resolution of the City Council or ordinance. The moratorium period may be extended for a reasonable time by resolution of the City Council or ordinance, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. 4. For purposes of this resolution, the following terms shall have the meanings set forth below: a. "Pawnshop" is a business which loans money on deposit or pledge of personal property, or other valuable thing, or which deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or which loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. b. "Secondhand goods store" is a business that regularly engages in selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned, or leased, but does not include: 1 1 RESOLUTION NO. 94 75 (i) The sale of secondhand goods where all of the following are present: (a) The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable or political organization; (b) The items offered for sale are owned by the occupant; (c) The sale does not exceed 72 consecutive hours; (d) No more than four sales are held in any 12 -month period; and (e) None of the items offered for sale was purchased for resale or received on consignment for the purpose of resale. (ii) The sale of goods at an auction held by an auctioneer, provided that the location of the sale is not regularly used for such sales. (iii) The sale of secondhand goods taken as part or full payment for new goods where the business is not the primary business of a person. (iv) A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. (v) Goods sold at an exhibition that does not last longer than ten days in any 12 -month period. (vi) Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses. (vii) Sales made by the sheriff or other public officials in the discharge of their official duties. 1 RESOLUTION NO. 94 75 ATTEST: 4JO/l4 y( -k 1 (viii) Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. c. "Check- cashing business" is a business, other than a bank, savings and loan, or credit union, which provides as its principal activity the cashing of checks for a fee. d. "Temporary employment business" is a business which provides as its principal activity the employment of persons on a short -term basis such as daily, weekly, or monthly. 5. This resolution is effective immediately upon its adoption. April 11, 1994 Date Deputy Clerk Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.