Agenda Packets - 2003/06/23 - Laserfiche WebLink

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Item No: 9I Meeting Date: June 23, 2003 Type of Business: Discussion City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Pawnshop Regulation Discussion Introduction: The City Council adopted an Interim ordinance on February 27, 2003, which directed the Planning Commission to review the licensing and zoning implications related to pawnshops and to recommend applicable provisions. The Planning Commission discussed this issue at meetings in March, April and May of this year, reviewing State statues, ordinances from adjoining communities and ordinances from communities where pawnshops currently operate. The Commission also heard testimony from representatives of the Mounds View Police Department who did research on their own, discussing the potential impacts of a pawnshop with other police departments. After significant discussion and input from interested parties including residents and tenants from Moundsview Square, the Commission adopted a resolution forwarding two ordinances on to the City Council for their consideration. Background: Pawnshop regulation is a contentious, emotional issue for most communities. And while there have been major advancements and improvements in the pawn industry with the proliferation of new Pawn Americas and other pawn chains designed to look like any other retail establishment, there still remains negative connotations and images associated with such businesses. The adoption of ordinances to regulate such a business is imperative to protect and preserve local control over the siting and operation of such a business. Without such controls, a Pawnshop could operate unregulated in a city, locating in an area that would otherwise be deemed inappropriate. Adoption of requirements is not an invitation for such a use, it is a proactive measure as opposed to a less effective and more expensive reactive response. The last point which needs to be emphasized is that the City cannot prohibit a Pawnshop from locating here if there are other commercial uses present and zoned for in the City. The City can, however, regulate WHERE in the community such a use would be appropriate and can adopt regulations and licensing requirements to control the operation and to protect the health, safety, well-being of the community. Regulations should not be so unreasonable as to effectively prohibit the use, especially if it can be proven that the underlying intent of the regulations is exactly that. Discussion: The City Council held a public hearing on May 12, 2003 at which time public comment was accepted. The Council chose to delay action until they had an opportunity to discuss the proposed ordinances at the next worksession, June 2, 2003. At the worksession, the Council discussed the possibility of creating an overlay zoning district that would allow for a pawnshop outside of the central business district of the City. Two potential overlays were