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CR 04-060 Moratorium Ordinance i~"""',,,-"\ --""\' 4)f~ -' 1 " I, . April!,2004 :1 Council Report 2004-060 ,I MORATORIUM ORDINANCE ~ 1 l Proposed Action Staff recommends adoption of the follOwlftg motion: Ap1?rove Ordinance 2004-922 estabiishing a moratorium on the issuance of any new lidenses for transient merchants.. . This action will give the City Council an dPportunity to examine the appropriate zoning and regulations for transient merchants. : Overview The City of Hopkins has an ordinance, Se~tion 1145 of the City Code, which regulates peddlers, 1 ' solicitors and transient merchants. Recently there has been consideration of eliminating transient merchant licenses entirely. However, additional research by the City Attorhey is.indicating that this may not be possible. If the City is going c9ntinue to regulate transient merchants, staff believes that the current ordinance needs significant revisidn. " One of the major issues that the current ordinance does not address is'where transient merchants are allowed. Currently almost any private property may host atransient merchant. Certainly the City would .. want to look at restricting these merchant~ to certain zoning districts. Other issues that need to be examined include the size of any tent or o1:her temporary structure, how long such an activity can . . . operate, and any other'regulations that wilJ protect the health and safety of Hopkins' residents. , ~!' . In order to provide an,opportunity for the'City Council to fully examine these issues, it is necessary to I, impose a moratorium on the issuance of these licenses. A moratoriuni, which applies to all applicants equally, gives the Council the opportunity; to objectively study these issues without the constraint of having to consider pending license applications. , I i I , i Primary Issues to Consider i . Is a moratorium necessary? ,I Without a moratorium the Council co'*ld be faced with the need to act on a license application during the study process. i . . How long will the moratorium last? " The moratorium is set to expire after r'20days. It can be extended by the City Council. If the study is completed sooner than 120 days' the~ moratorium can be ended earlier through the adoption of an d. I, or mance.. '! ' · I I " I, ... I I ~ . I; l' ^ '. i ,Ii ! I I . ciTY OF HOPKINS Henn~pin County, Minnesota' ORDINANCE NO. 2004~922 :i , , I' ,I; ,AN INTERIM ORDINANCE FORTHE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF ClTYRESIDENTS; AND , - ' , PROHffiITING ANY NEW LICENSES FOR TAANSIENTMERCHANTS ~ . :: [ .,1: THE CITY COUNCIL OF THE CITY bF HOPKINS HEREBY ORDAINS AS FOLLOWS: I ' ii I ,[ i Section 1. Background and Findings: .1 , :i , 1.01 The City Council has the power to adopt ordinances to provide for the government and good order of the city, the prevention I of crime, the protection of public and private property, the benefit of trade and commerce, and the promotion of health, safety, order, convenience, and the general welfare. . : ' i I . 1.02 The City Council believes, ther~l: is a need for a Planning Study regarding the operation of transient merchants in Hopkins ~to consider how such merchants might be regulated, , ,I, ' including but not limited to the ;issues of the locations where such merchants might be permitted to operate, the facilities from which such merchants might be permitted to operate and the extent to whichjsuch merchants require further regulation by the City of Hopkins. i: I :1 I ,F ~ 1.02 There is a need for :a. moratori~ to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens' of the City and to insure that the City and its citizens retain the b~nefits of the City's zoning ordirtance and other ordinances I until such time as the Planning~tudy can be completed. There is a need to restrict transient merchants until a,Planning Stuay has been completed and any modifications to the City's regulations have been adopted. II ' ~ , 1.03 Minnesota Statutes, Section 46~.355, Subd. 4 allows the City of Hopkins to adopt an Interim .1, :' Ordinance to protect the planning process. Further, the City of Hopkins, pursuant to the ,I exercise onts powers to protect lithe health, safety and welfare ofthe citizens of Hopkins, has the authority to enact an ordinance imposing a, moratorium on the issuance of transient merchant licenses. The City Council finds that adoption of this futerim Ordinance will protect the planning process a~d the health, safety and welfare of its citizens while the Planning Study is being condudted. ! I . : ~ 1 '; I I :1 !; I, ~ ,- 't I, ,I I '" I I I' I . I Ii Section 2. Plarining and Zoning Study r&roratorium. . I " 2.01. A study is authorized tobe con~ucted by City staff to determine whether it is necessary to amend the City's Existing Ord~nances, Regulations and Official eControls or adopt new ordinances relating to zoning, lipensing and other requirements for transient merchants. l I: , The scope of the study should hlclude, but is not limited to, thefollowing: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; : b. the density and concentration of such uses; c. the effect of such uses on other uses in thesurroUllding area; d. siie of any temporary structUres; e. the period of time such a usd may operate; , f. the need, if any, for modifidtions to the licensing regulations regarding such uses. I: Section 3. Moratorium ! :, l A moratorium is hereby adopted and enacted prohibiting all new licenses for transient merchants. This Interim Ordinance is adopted for: the purpose of protecting the pl~nning process pending compl~tion?f the~lanni~g Study and Ithe revie:w o~ the c01llpletedP~aninng .S~dy by the ,City . Councll. ThIS Intenm Ordmance and th~ moratonum Imposed hereby shfllltemam m effect untIl the date that is 180 days after the effectivetlate of this Interim Ordinance, or such earlier date as may hereafter be established by an Ordinanc~ duly adopted by the City Council., The term of this Interim Ordinance and the moratorium imposed::hereby may be extended for a reasonable period oftime by Ordinance as may be necessary to complete the Planning Study authorized hereby and to adopt any necessary modifications to the City's Ordinances, Regulations and Official Controls. 1 I, Section 4. Enforcement. ..:1 . . .. . . The City may enforce the provision of [this Interim Ordinance or enjoin any violation thereofby mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy, including, but not limited to, remedies and enforcement procedures provided in the statutes of the State of Minnesota or Ordinance of the ~ity of Hopkins, in any Court of competent jurisdiction. ~ ' , Section 5. Severability. i i , Every section, provision or part of this !Interim Ordinance is declared severable from every other section, provision or part, and if any portion of this Interim Ordinance is held, invalid or unenforceable by a Court of competeht jurisdiction, it shall not invalidate any other section, provision or part of this Interim Ordinartce. ' . 2 .[, . - """t. . Section 6. Effective Date. j II " ,j This Interim Ordinance shall be effecti~e the day of its publication. I" ' I I, . ~ i , First Reading: April 6, 2bo4 I I, 'I Second Reading: April 20': ~004 , " Date of Publication: April 29 ~ ~OO4 Eugene J. Maxwell, Mayor ATTEST: . Terry dbennaiet, City Clerk ,- i ; Ii " I APPROVED AS TO FORM AND LEGALITY: I' !: i City Attorney Signature !' Date " I, ~' I I ,I '/ I I . I 3 i\ 'j j I ,I ji ,I 1 :1 I II , ~ "