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Regular Meeting October 25, 2004 11. Page 11 Ithis was a good compromise, and the Downtown Association had a good reason to request the moratorium for a period of six months. He stated he suspected there were existing restaurants that were in the process of trying to receive a beer and wine permit that would be caught in the moratorium. He stated this moratorium is to help fix the problem and not for prohibiting existing restaurants from getting permits. He stated there is a restaurant business with twenty-five employees and forty-five menu items, which cannot get a beer and wine permit. Mr. Guerrero stated before the moratorium was adopted Council asked if there were any permits pending. He stated he voted in favor of this moratorium, because there were no pending permits. Mayor Narvaiz inquired whether the Downtown business owners were notified of the possibility of passing a moratorium. Mr. O'Leary stated the business owners were not notified. Mayor Narvaiz inquired as to the options the Council has to help these few businesses who are caught in the middle of the permit process. Mr. O'Leary stated the Council can lift the moratorium. Mr. Taylor stated there is a downtown building owner who wants to open a bar/restaurant and because of the moratorium, is unable to develop their business. Mr. Bose stated he feels the Council made a decision, and they should stand beside their decision. Mayor Narvaiz stated she remembers when other moratoriums were being voted on that the public was notified. She also stated the Council was approached by two organizations to clarify the existing Ordinance to Idetermine the difference between a bar, a restaurant or a combination bar and restaurant. Mr. Thomaides stated the sign moratorium went through the Planning and Zoning process first and the recommendation came from those public meetings, and the Council then voted on the moratorium. He stated he does not disagree with the moratorium, but feels the public should be notified. He stated he did not want several bar permits to begin filing at the last minute, and that is why he voted for the moratorium on an Emergency. He stated now there is a situation where an existing restaurant was already open, serving food and now has to wait six months to get a permit. He inquired whether there is a way to allow the businesses caught in the middle to get their permits without completely lifting the moratorium. Mayor Narvaiz inquired whether the Council could grandfather existing businesses in the moratorium. Jan Clark, Assistant City Attorney, stated she would need to research the moratorium and provide an answer at the next Regular Meeting scheduled for November 8, 2004. Mr. Mihalkanin inquired whether the Council can abolish the moratorium and then the next agenda item immediately following pass a new moratorium which would exclude existing restaurants. Ms. Clark stated she feels this is the best way to handle the situation. The Council agreed by consensus to have the City Attorney's Office research lifting the moratorium, and then the next agenda adopt a new moratorium on the next ICity Council agenda if the research result shows it is legal to handle that way. Mayor Narvaiz introduced a discussion regarding City election date and direction to Staff. Janis Womack, City Clerk, stated the State Legislature