1966 301-328 _ 9-26 cont. to 10-24-1966

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F ^/^/., 55 8t v! e 1 Keckley, if maker of motion would add a 1 -year limitation on the Use Permit. No consent to change of motion given. Councilman Henderson seconded the motion as made. Councilman Petersen suggested Staff be directed to review this property within one year and report to Council, in order revocation proceedings could then be reinstituted should conditions so merit same. Councilman Keckley preferred to limit Use Permit for 1 year period and thereby eliminate necessity for revocation proceedings, should they be found necessary. Councilman Keckley made substitute motion to this effect, limiting Use Permit for 1 year, seconded by Councilman Rosselli, for reason history of this situation warranted this restriction. Councilman Granger questioned normal life of Use Permit and advised by City Attorney Use Permit runs with land, unless Permit limited in time. City Attorney also advised original Use Permit granted by Resolution setting forth the conditions, and advised an amending Resolution should now be adopted by Council if Council's intent was to amend original Use Permit. Roll call vote on substitute motion to limit Use Permit to one year carried on roll call vote, Councilmen Granger, Henderson, Keckley and Rosselli voting yes, Councilman Petersen and Mayor Herkner voting no, Councilman Bury abstaining because of absence from most of the public hearing. Mr. Moritz, owner of property, stated his opposition to developing these premises any further under conditions proposed. After further analysis of the affect of this additional condition, Councilman Keckley moved to adopt RESOLUTION NO. 5172 AMENDING RESOLUTION NO. 5091 ESTABLISHING ADDI- TIONAL CONDITION TO USE PERMIT OF CHARLES W. WOODS (U63-72), seconded by Councilman Rosselli, and carried on roll call vote, Councilmen Granger, Henderson, Keckley, Rosselli voting yes, Councilman Bury abstaining. Mayor Herkner declared 5 -minute recess requested by Councilman Petersen. Request of Closing Out Sale Permit, Kuhn Jewelers, 2399 Broadway (Morris Rudick) presented for consideration. Staff report stated Mr. Rudick requested sale period of 60 days (from October 27th to December 27th). Staff recommended thirty-three (33) day sale period (to December 1st) because of fact City Municipal Code prohibits "auction sale" of "stock in trade" during the month of December, although not applicable to this kind of sale has been policy. Mr. Rudick presented problem of his rental arrangement and inability to renegotiate a renewal which would be more favorable. He felt size of his inventory warranted 60 day period of closing out sale but agreed to acceptance of 33 — day period recommended by Staff if he could be assured he would be granted extension should he need one. Councilman Rosselli advised of the policy followed by Council in not allowing Closing out sales during month of December because of the detrimental effect to other merchants Councilman Henderson moved to grant closing out sale period for sixty (60 ) days, seconded by Councilman Petersen. Councilman Granger questioned ordinance provisions concerning closing out sales and also expressed his firm conviction that sales should be allowed for only 30 day period. Councilman Keckley expressed concern for other merchants if closing out sales allowed during December.