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Regular City Council Meeting Monday, August 25, 2008 Page 4 8. Consider Items Removed from Consent a. Approve the Request by Allen Lenz, d/b/a Scooter Central LLC, fora Condi- tional Use Permit to allow the Sale of Scooters/Mopeds at 2725 Fairview Avenue (PF08-031) (Former Consent Agenda Item 7.g) At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed this item. Councilmember Ihlan questioned the recommended inclusion of Condition b for outdoor displays of vehicles and that only limited to business hours; and whether this condition should be applied now in consideration of the potential for sale of NEV, or applied later if the applicant sought such permission. Community Development Director Patrick Trudgeon advised that staff was at- tempting to address emerging technologies, while recognizing definitions under State Statute and licensing requirements. Mr. Trudgeon suggested that the City Council could strike that condition at their discretion, and not allow their display at all. Councilmember Ihlan opined that her concern was for potential overnight park- ing. City Manager Malinen advised that, if the NEV's were not addressed and condi- tioned at this time, the applicant would need to go through the entire CUP amendment application process in the future. Mr. Malinen advised that staff's in- tent was to address this similar genre of vehicle that was allowed under the same type of State licensure. City Planner Thomas Paschke advised that it was difficult for staff to define and/or identify scooters and mopeds, based on State Statute and Department of Motor Vehicles licensure requirements; and that staff's intent was to simplify the identification by keeping those vehicles under 250 cc in engine displacement as similar types of vehicles. Councilmember Pust questioned if it was staff's intent that such vehicles be stored inside at night. Mr. Paschke responded affirmatively, based on staff's recommended conditions and similar to temporary displays, as per CUP language; and noted that if the ap- plicant preferred to revise those conditions, they would need to seek an amend- ment to their CUP, allowing staff greater flexibility in regulating the use. Mayor Klausing noted his similar concern during his review of materials, in granting a condition not being requested by the applicant, and thanked staff for