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05-25 Bill No. 2021-10BILL NO. 2021-10 TRANSITORY ORDINANCE NO. 19.21 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND ESTABLISHING A SIX-MONTH MORATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS: Section 1. Background. 1.01. The City of Richfield regulates the locations and operating characteristics of commercial uses that involve firearms in order to protect the public health, safety and general welfare of the community. 1.02. The City of Richfield has been asked to explore whether or not the existing regulations for commercial uses that involve firearms should be adjusted based on technology, and specifically the sale of firearms over the internet. 1.03. There are a number of significant planning and land use issues pertaining to the regulation of commercial uses that involve firearms (e.g. concentration, proximity to residential uses, differences between online and traditional sales). 1.04. The City Council has determined a need to undertake a study to review and determine the appropriate land use controls for commercial uses involving firearms. 1.05. Upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability of amending certain official controls. 1.06. Minnesota Statutes, section 462.355, subd. 4 permits the adoption of interim zoning ordinances during the planning process. Sec.2. Findings. 2.01. The City Council finds that it is necessary to conduct a planning study to review and determine the appropriate land use controls that should apply to commercial uses involving firearms in the City. 2.02. The purpose of the study to be conducted includes, but is not limited to determining the appropriate permitting, land use and development standards that should apply to the distribution of firearms that are sold online from commercial properties and determining the appropriate changes, if any, that should be made to City Ordinances. 2.03. The City Council finds that there is a need to adopt a City-wide moratorium while the study reference in paragraph 2.01 is being conducted. Bill No. 2021-10 Sec. 3. Authorized Study; Moratorium. 3.01. A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the City's Ordinances by the City Council and such other commissions of the City as required by law or as directed by the City Council. 3.02. The moratorium shall apply to, but shall not be limited to, the following types of land use applications: site plan review, conditional use permits, interim use permits, building permits, and electrical permits for installation, construction or operation of commercial uses involving firearms the City. 3.03. Pending completion of the study and adoption of any amendments to the City's official controls, a moratorium is established on the issuance of City approvals for or related to the installation, construction or operation of any commercial uses involving firearms in the City. 3.04. During the period of the moratorium, applications for any such approvals related to commercial uses involving firearms shall not be accepted by the City nor shall the Planning Commission or City Council consider or grant approval of any such application. 3.05. The moratorium established by this Ordinance shall apply to any application pending as of the date of the effective date of this Ordinance. Sec. 4. Enforcement. The City may enforce this Ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec.5. Term. Unless earlier repealed by the City Council, the moratorium established under this Ordinance shall remain in effect until November 11, 2021. Sec. 6. Effective Date. This Ordinance is effective as provided by Section 3.09 of the Richfield City Charter. ftwhL Pjw jAz Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, Acting City Clerk Bill No. 2021-10 AFFIDAVIT OF PUBLICATION STATE OF MTNNESOTA ) r,COUNTY OF HENNEPIN Karen Nelson being duly sworn on an oath, states or alErms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known ollice of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. $331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 0610312021and the last insertion being on 0610312021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnmota Stat. $580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in 9580.033, subd. l, clause (l) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Desipated Agent Subscribed and sworn to or alfirmed before me on 06/03/2021 by Karen Nelson. Notary Rate Infomration: (l) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch AdrD 1142494 CITY OF RICHFIELD RESOLUTION NO.11853 RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE ESTABLISHING A SIX- MONTH MORATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS, AND DIRECTING T}IATA PI-ANNING STUDY BE CONDUCTED WHEREAS, the City has adopt- ed the above-referenced interim amendment of the Richfield City Code; and WHEREAS, the verbatim text of the interim amendment is cum- bersome, and the expense of pub- lication of the complete ten is not justified. NOW THEREFORE, BE 1T RE- SOLVED by the City Council of the City of Richfield that the following summary is hercby approved for official publication: SUMMARY PUBLICANON BILL NO.2021-10 A TRANSTTORY ORDINANCE ESTABLISHING A SX-MONTH MOBATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED This summary of the transitory ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This interim ordinance estab- lishes a city-wide, six-month mor- atorium on the establishment of any new commarcial use involving firearms to allow time for a planning study. The city has not thorough- ly reviewed regulations related to liearms since 2004, and believes it would be wise to conduct a plan- ning study to examine cunent stan- dards and to discuss whether or not adiustments should be made. Copies of the ordinance arB available for public inspection in the City Clerk's office during nor- mal business hours or upon re- quest by calling the Department of Community Development at (612) 861 -9760. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of May, 2021. Maria Regan Gonzalez, Mayor ATTEST Kari Sinning, Acting City Clerk Published in the Sun Cunent June 3, 2021 1142494 DARI"EIIE MARIE illACPHERSOil NOTARY PUSLIC . MII,II{ESOTA l,ly Commbslon EOtrBs Jat 3,l,