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235 <br /> <br />not grant the permit, 3) move the cafe slightly to the <br />east, 4) remove or alter the gazebo. <br /> <br /> Mr. Jay Levine, part owner of the Hardware Store <br />Restaurant, stated that he would be willing to slightly <br />alter the gazebo, but it was a vital part of the cafe. <br /> <br /> Mr. Leonard Milgram, owner of the building next door <br />to the Hardware Store Restaurant, requested that Council <br />consider his rights and the fact that the cafe blocks the <br />view of his building and damages the restaurant in the <br />basement of his building. <br /> <br /> Mr. Barnes recommended that the sculpture located at <br />the west end of the cafe be relocated so that the gazebo <br />could be located at the west end of the cafe. <br /> <br /> Mr. Hendrix stated that adequate electricity was not <br />available for the gazebo at the western location. <br /> <br /> Mr. Buck stated that while he sympathized with Mr. <br />Milgram, he would be in favor of granting the permit if <br />the gazebo could be made to obstruct his building less. <br /> <br /> Mr. Barnes recommended that staff investigate the <br />possibility of getting the adequate electricity to the <br />gazebo at the western end of the cafe and moved the <br />resolution granting the permit for an outdoor cafe to the <br />Hardware Store Restaurant, with the gazebo located at the <br />western end of the cafe if at all possible. The <br />resolution was seconded by Dr. Hall and unanimously <br />approved by Council. <br /> <br /> WHEREAS, Rockford Corporation has applied to City <br />Council for a permit to operate an outdoor cafe on the <br />pedestrian mall in the 300 block of East Main Street, in <br />connection with the operation of its duly licensed <br />restaurant at 316 East Main Street; and <br /> <br /> WHEREAS, this Council finds that the proposed outdoor <br />cafe is in keeping with the intent of the pedestrian mall, <br />can add significantly to successful commerce in the <br />downtown area, will not unreasonably restrict the movement <br />of pedestrian traffic and will not endanger the public <br />health, safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that Rockford Corporation is hereby <br />granted a permit to operate an outdoor cafe on the <br />pedestrian mall in the 300 block of East Main Street, <br />subject to the following conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, 1988, for operation of the cafe during the <br />months of March through November. Not later than November <br />30 of each year, the operator shall remove from public <br />property all furniture and equipment used for such cafe <br />operation. <br /> <br /> 2. The cafe shall be operated only in the areas <br />shown on the drawing attached as Exhibit A, and <br />incorporated by reference in this resolution. No cafe <br />furnishing or equipment shall be permitted to obstruct any <br />fire lane. The designated area of operation shall be <br />clearly delineated by the use of a combination of trees, <br />fences, planters and barriers. <br /> <br /> 3. The cafe shall be operated in full conformity <br />with all State health and alcoholic beverage control <br />regulations. No food preparation shall be permitted on <br />the mall. The operator shall remove promptly all food <br />dishes and utensils after each customer has left and shall <br /> <br /> <br />