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260 <br /> <br /> Responding to questions from Mr. Toscano, Ms. Gallagher <br />replied that Chubby's has a five year lease with five year <br />tenant option to renew and ~she~plans to have the ~cafe open in <br />the evenings. ~. <br /> <br /> Mr., Toscano expressed concern ~about the~distance from <br />the building to the cafe and~Ms. Gallagher replied that it is <br />a distance of 40 feet and has been approved by the Health <br />Department. Ms. Gallagher added that the owner of the <br />building had used the possibility of'a sidewalk cafe as an <br />inducement for her to sign the lease.' <br /> <br /> Mr. Toscano questioned whether the Nook cafe was open <br />evenings and was told that he Nook cafe is ~only open on <br />Friday evenings. <br /> <br /> Mr. Toscano questioned why Fridays After, Five was moved' <br />to the east end of the mall when it had begun on the west end <br />of the mall, and expressed concern about merchants being able <br />to plan appropriately for the.~imP.act o~f~the~event.~ <br /> <br /> Mr. Bill Atwood, President of CDF, explained that a <br />decision was made to move Fridays After Five to the east end <br />of the mall because of~the heat as well as other safety <br />concerns. <br /> <br /> Mr. Hendrix stated that if Council wanted to grant the <br />permit, alternatives could be worked out by staff. <br /> <br /> Ms. Slaughter stated that she was primarily concerned <br />about the distance involved. <br /> <br /> Mr. Toscano stated that if the Health Department is <br />concerned about the distance they can revoke the license for <br />the cafe Mr. Toscano stated that he did not~ think the City <br />should become involved with the issue between the restaurant <br />owner and the owner of the building about whether or not <br />operating an outdoor cafe is a violation of the lease. <br /> <br /> Mr. George Gilliam, attorney for Mr, Charles Kabbash, <br />owner of the building, stated that he agreed that the matter <br />was between the landlord and the restaurant owner, but added <br />that he did not think, the. City, would'want to get in the <br />middle of the situation. <br /> <br /> Mro Atwood expressed concern about the cafe being in the <br />middle of Fridays After Five and explained that the area <br />needs to be roped off in order to get the weekly permit to <br />sell alcohol. ~ <br /> <br /> Mr. Toscano expressed concern about the public safety of <br />the cafe in the middle of Fridays After Five, ~ <br /> <br /> Ms. Waters stated~that there appeared to be too many <br />reservations about the cafe and felt there was merit~in <br />deferring the matter to allow additional time to work on the <br />issues with the landlord and CDF. <br /> <br /> Mr. Vandever expressed concern that Council was not <br />acting equitably since the location requested was designated <br />as a~potential cafe location on the mall and since Nowell's <br />cafe had previously been approved on the west end of the mall <br />when Fridays After ~Five was operating in that~location. <br /> <br /> Rev.~Edwards stated that he did not feel comfortable <br />voting on the matter at this time. <br /> <br /> Mr. Toscano made a motion to approve the permit with the <br />provision that the cafe not operate during Fridays After Five <br />until provisions can be made for public Safety by the City, <br />ABC Board and CHF. <br /> <br /> <br />