CC_Minutes_2008_0512 - Laserfiche WebLink

Home

Regular City Council Meeting Monday, May 12, 2008 Page 15 Code, Sections 1005.015 and 1013.01, for Red Dog Holdings, LLC, d/b/a Cash Pawn for a Conditional Use Permit to Allow a Pawn Shop at 2181 - 2195 Snel- ling Avenue (PF 08-014);" providing Findings of Fact of denial as outlined; amended as follows: Page 3. Finding #10 (Pust) amend to read: "The applicant failed to present any [sufficient] evidence to rebut, or in response to, the facts set forth above." Councilmember Ihlan seconded the motion, subject to another friendly amendment, based on public testimony, and her recollection of Council dis- cussion at the April 28, 2008 meeting, upon which she relied as part of her deliberations and determinations. The proposed change would provide for additional language in Finding #4 related to residential neighborhoods. Councilmember Ihlan suggested FindinE #3 (page 3) be amended to read: Testimony indicated that the proximity to other nearby [residential neighborhoods and] retail establishments can lead to an increase in crime and theft in those es#ablish- +~ents [areas], insofar as the pawn shop provides an outlet for the sale of small, unserial- ized items." Discussion ensued among City Attorney Anderson and City Councilmembers as to interpretations and recollection of past discussions and their intent; public tes- timony; areview of the April 28, 2008 meeting minutes; and case law related to individual Councilmember rationale for their positions for findings of fact given at the time. Councilmember Pust accepted the friendly amendment. Mayor Klausing advised that, under normal circumstances once the City Council had made a determination, he voted in favor of the findings supporting that mo- tion to approve or deny, opining that it was important for the City Council to be unanimous in that position. However, Mayor Klausing advised that, in this case, he could not in all good conscience he could not do so, as he was uncomfortable with the proposed findings of fact, and would therefore be voting against the mo- tion. Councilmember Pust spoke in support of the motion, to be consistent with the substantive vote on the original denial. Councilmember Roe spoke in support of the motion; opining that all of the find- ings had some impact on his decision, while some were stronger than others, but further opined that they were all valid findings. Roll Call Ayes: Pust; Roe and Ihlan. Nays: Klausing. Motion carried.