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17! <br /> <br /> Mr. Cox said that he would be interested in entertaining alternatives that would include <br />all interested parties. <br /> <br /> Mr. Stan Epstein, owner of the Hardware Store Restaurant, said that a key feature of <br />his investment on the downtown mall was the possibility of having an outdoor cafe. Mr. <br />Epstein noted that there is a fire lane problem with the space directly in front of his <br />restaurant. In response to a question about the feasibility of sharing the space, Mr. Epstein <br />noted that the Summerhouse was moved to prevent it from blocking the Milgram Building, <br />and he has considerable investment in ihe wiring of the structure. <br /> <br /> Mr~ O'Connell said that staff could contact the owner of SyMa's to see if they are <br />serious about a cafe. <br /> <br /> Ms. Richards said she feels Council should consider some sort of turnover policy as <br />there are likely to be conflicts in the future. In the meantime, and in the absence of another <br />application, Ms. Richards said she does not fee! it would be fair to deny the permit based on <br />supposition. <br /> <br /> Mr. Cox made a motion to table the matter until October 14th, and Ms. Daugherty <br />seconded the motion. <br /> <br /> Ms. Richards said she feels that Council should stay with the current procedure until it <br />is changed. <br /> <br /> Mr. Toscano agreed that Council should operate on the basis of the current procedure, <br />and said he would prefer to move forward and vote on the matterl <br /> <br /> The motion to table the matter was denied by the following vote. Ayes: Mr. Cox and <br />Ms. Daugherty. Noes: Ms. Richards, Ms. Slaughter, Mr. Toscano. <br /> <br /> On motion by Ms. Richards, seconded by Mr. Toscano, the resolution approving the <br />cafe permit for the Hardware Store Restaurant was approved by the following vote. Ayes; <br />Ms. Daugherty, Ms. Richards, Ms. Slaughter, Mr. Toscano. Noes: Mr. Cox. <br /> <br /> WItEREAS, the Rockford Corporation has applied to City Council for a permit to <br />operate an outdoor cafe on the pedestrian mall at 316 East Main Street in connection with <br />the operation of its duly licensed restaurant (Hardware Store Restaurant); and <br /> <br /> WltEREAS, this Council finds that the proposed outdoor cafe is in keeping with the <br />intent of the pedestrian mall, can add significantly to successful commerce in the downtown <br />area, will not unreasonably restrict the movement of pedestrian traffic and will not endanger <br />the public health, safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that the Rockford Corporation is hereby granted a permit to <br />operate an outdoor cafe on the pedestrian mall at 316 East Main Street, subject to the <br />following conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption (or effective date if different from the <br />date of adoption) until November 30, 1999, for operation of the cafe during the months of <br />March through November. Not later than November 30 of each year, the operator shall <br />remove from public property all furniture and equipment used for such cafe operation. <br /> <br /> 2. The cafe shall be operated only in the designated area shown on the attached sketch. <br />The cafe shall be in operation only during the hours the restaurant is open. No cafe <br />furnishings or equipment shall be permitted to obstruct any fire lane. The designated area of <br />operation shall be clearly delineated by the use of a combination of trees, fences, planters and <br />barriers. <br /> <br /> <br />