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ORDINANCE REPEALING ORDINANCE RELATING TO THE RELOCATION OF ROSE HILL PRECINCT (2ND READING) ORDINANCE RE: SPECIAL PERMIT FOR AN ANIMAL HOSPITAL DN ANGUS ROAD WHEREAS, THIS COUNCIL FINDS THAT THE PROPOSED OUTDOOR CAFE IS IN KEEPING WITH THE INTENT OF THE PEDESTRIAN MALL, CAN ADD SIGNIFICANTLY TO SUCCESSFUL COMMERCE IN THE DOWNTOWN AREA, WILL NOT UNREASONABLY RESTRICT THE MOVEMENT OF PEDESTRIAN TRAFFIC, AND WILL NOT ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFAREI NOW, THEREFORE BE IT RESOLVED THAT THE ROCKFORD CORPORATION, TRADING AS THE HARDWARE STORE RESTAURANT, IS HEREBY GRANTED A PERMIT TO OPERATE AN OUTDOOR CAFE ON THE PEDESTRIAN MALL IN THE 300 BLOCK OF EAST MAIN STREET PURSUANT TO SECTION 25-28.1 OF THE CITY CODE AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: THE PERMIT SHALL BE VALID FROM ITS ADOPTION UNTIL NOVEMBER 30, 1985, FOR OPERATION OF THE CAFE DURING THE MONTHS OF MARCH THROUGH NOVEMBER. NOT LATER THAN NOVEMBER 30TH DF EACH YEAR, THE OPERATOR SHALL REMOVE THE PUBLIC PROPERTY ALL FURNITURE AND EQUIPMENT USED FOR SUCH CAFE OPERATION. THE CAFE SHALL BE OPERATED ONLY IN THE AREA DESIGNATED ON THE MALL PLAN SUBMITTED BY THE OPERATOR, WHICH IS INCORPORATED BY REFERENCE IN THIS RESOLUTION. NO CAFE FURNISHINGS OR EQUIPMENT SHALL BE PERMITTED TO OBSTRUCT THE AREA DESIGNATED AS A FIRE LANE ON SUCH PLAN. THE DESIGNATED AREA SHALL BE CLEARLY DELINEATED BY THE USE OF A COMBINATION OF CHAINS, PLANTERS AND BARRIERS OF A DESIGN TO BE PINALLY APPROVED BY THE CITY MANAGER. THE CITY MANAGER SHALL LIKEWISE APPROVE FINAL DESIGNS FOR THE CAFE FURNITURE, AWNINGS OR CANOPIES AND OTHER FIXTURES OR EQUIPMENT TO BE USED FOR OPERATION OF THE CAFE, INCLUDING THE METHOD, IF ANY, BY WHICH SUCH ITEMS WILL BE ANCHORED, TO PREVENT PERMANENT DAMAGE TO THE MALL SURFACE AND TO ENSURE THAT THE CAFE IS COMPATIBLE WITH THE MALL DESIGN. THE CAFE SHALL BE OPERATED IN FULL CONFORMITY WITH ALL STATE HEALTH AND ALCOHOLIC BEVERAGE CONTROL REGULATIONS. NO FOOD PREPARATION SHALL BE PERMITTED ON THE MALL. THE OPERATOR SHALL HAVE THE RIGHT TO LIMIT ACCESS AND OCCUPANCY ONLY TO BONAFIDE PAYING CUSTOMERS OF THEIR RESTAURANT WHO ARE BEHAVING IN A LAWFUL MANNER, AND SHALL HAVE THE SAME RIGHT TO DENY ADMISSION OR SERVICE AS THEY EXERCISE ON THEIR OWN PREMISES. HOWEVER, NO PERSON SHALL BE DENIED ACCESS OR SERVICE TO THE CAFE AREA ON THE BASIS OF RACE, RELIGION, NATIONAL ORIGIN, SEX OR PHYSICAL HANDICAP. BY ACCEPTING THIS PERMIT THE OPERATOR AGREES TO INDEMNIFY THE CITY AND HOLD IT HARMLESS FROM ALL CLAIMS FOR INJURIES OR DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF THEIR OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY OR OPERATION OF THE CAFE, THE OPERATOR SHALL MAINTAIN IN FORCE DURING THE TERM OF THIS PERMIT PUBLIC LIABILITY INSURANCE COVERAGE AND SHALL FURNISH THE CITY ATTORNEY WITH SATISFACTORY EVIDENCE OF SUCH COVERAGE. THIS PERMIT MAY BE REVOKED BY CITY COUNCIL AT ANY TIME, AFTER A HEARING CONDUCTED AT ANY REGULAR MEETING, PROVIDED THE OPERATOR HAS BEEN NOTIFIED DF THE HEARING BY WRITTEN NOTICE DELIVERED TO THEIR PLACE DF BUSINESS AT LEAST FIVE DAYS BEFORE SUCH MEETING, IF THE COUNCIL FINDS THAT THE OPERATOR IS VIOLATING THE TERMS OF THE PERMIT, DR THAT THE CONTINUED OPERATION DF THE CAFE POSES A THREAT TD THE PUBLIC HEALTH, SAFETY AND WELFARE OR CONSTITUTES A PUBLIC NUISANCE. PERMISSION IS NOT GRANTED FOR THE USE OF ' ~MOBILE SALES DISPLAYS~' OR ''SPECIALTY FLOATS'' FOR THE SALE OF OTHER PRODUCTS OR SERVICES, AS REQUESTED BY THE APPLICANT. THE ORDINANCE ENTITLED ''AN ORDINANCE TO AMEND AND REPEAL THE ORDINANCE ADOPTED MARCH Z, 1982, RELATING THE RELOCATION OF THE POLLING PLACE AND CHANGE OF NAME OF THE ROSE HILL PRECINCT'' WHICH WAS OFFERED AT THE MEETING OF APRIL 5TH WAS ADOPTED BY THE FOLLOWING VOTE: AYES: MR. CONOVER, MRS. GLEASON, DR. HALL. NOES: NONE. MR. ALBRO, MR. BUCK, MRS. GLEASDN REQUESTED LARGE SIGNS BE PLACED AT CARVER RECREATION CENTER TO INDICATE THE VOTING PLACE HAS BEEN CHANGED TO THE HEALTH DEPARTMENT BUILDING ON ROSE HILL DRIVE. MR. HUJA, DIRECTOR OF COMMUNITY DEVELOPMENT GAVE A PRESENTATION, INDICATING THE PLANNING COMMISSION'S RECOMMENDATION TO DENY THE REQUEST FOR A SPECIAL PERMIT. 'MR. BUCK ABSTAINED FROM DISCUSSION OF THIS ORDINANCE AND TURNED THE CHAIR OVER TO MRS. GLEASON, VICE-MAYOR. ON MOTION BY MR. CONOVER, SECONDED BY'DR. HALL, THE ORDINANCE GRANTING A SPECIAL PERMIT FOR AN ANIMAL HOSPITAL ON ANGUS ROAD WAS DENIED BY THE FOLLOWING VOTE, MR. BUCK ABSTAINING. AYES: MR. ALBRO, MR. CDNOVER, MRS.