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o~ MINUTES APRIL 28, 1993 PAGE 2 Baldwin again stressed that the moratorium was adopted to allow time for completion of the study of uses in the business district. John Mutschler explained that he was a small part owner of the proposed business and that David Johnson, Fargo North Dakota, was the principal owner. He stated that the concept of the business is to have quality, low priced merchandise obtained from trade shows, close outs, etc. Ciernia questioned walk-in sales and asked Mr. Mutschler if he would purchase a person's used VCR if that person walked into the store with it, and if the person could buy it back. Mr. Mutschler replied in the positive, but that he did not expect this to be a large portion of the business. James Ladner, owner of Northome Center, where the proposed business would be located spoke in favor of granting the license as he sees the business as a permitted use under the zoning code. He commented that he believed there are presently many other businesses which take trade-ins such as golf clubs. He stressed that he wants to keep the mall occupied with good tenants who are good citizens and they would be monitored as he did not want anything illegal. Baldwin again commented on the fact that the zoning administrator determined that this use falls into the second hand store category which is not presently a permitted use and, therefore, this proposed use would fall within the intent of the moratorium. He felt there were two options, either to reconsider the moratorium or hear from the administrator and attorney that they have changed their minds regarding the use. Bachman explained that the zoning code provides that the city administrator administers the zoning code and the city council adopted the code and, therefore, may intrepret the code as they deem appropriate. He stressed that the issues council must address are whether or not this type of store is specifically listed as a permitted use and if permitting a business to sell, buy and trade is to be interpreted as a permitted use. He also commented on the fact that the planning study now in progress will be addressing second hand stores, pawn stores, etc. Hoyt indicated the staff recommendation to deny the license was based on the definition of "secondhand store" in State Statutes and read the following from Statute 471.925: "secondhand goods or junk dealer means a person engaged in the business of buying second goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, guns and wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled, but not including goods and merchandise taken as part