File #: 21-1494    Version: 1
Type: Ordinance Status: Passed
File created: 11/8/2021 In control: City Council
On agenda: 11/16/2021 Final action: 11/16/2021
Title: Waive the first reading and pass the ordinance temporarily extending outdoor dining in the three parking stalls on the public street in front of 10 West Chicago Avenue by Features Bar & Grill, Inc. to May 1, 2022 (six positive votes required)
Attachments: 1. Ordinance Features Outdoor Dining.pdf, 2. Cover Letter to Liquor Commission (1).pdf, 3. DNA_Features Request_110321.pdf, 4. NDP Letter.pdf, 5. Liquor Commission DRAFT Minutes 110421 (002).pdf
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Waive the first reading and pass the ordinance temporarily extending outdoor dining in the three parking stalls on the public street in front of 10 West Chicago Avenue by Features Bar & Grill, Inc. to May 1, 2022 (six positive votes required)
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DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
On November 4, 2021, the Liquor Commission unanimously approved the proposed ordinance.

BACKGROUND:
On October 25, 2021, Governor Pritzker issued a Gubernatorial Disaster Proclamation effective until November 13, 2021. It is unknown now whether the Gubernatorial Disaster Proclamation will remain in effect beyond November 13, 2021. The Governor could terminate his disaster proclamation and allow the existing proclamation (Gubernatorial Executive Order 2021-27, issued on October 25, 2021) to expire on November 13, 2021, or extend the proclamation.

Following declaration of the onset of the local state of emergency and disaster related to the COVID-19 pandemic, Mayor Chirico issued an executive order allowing the expansion of outdoor dining on public and private property without an outdoor dining permit.

Following the issuance of the executive order, Features Bar & Grill Inc. ("Features") worked with the Downtown Naperville Alliance ("DNA") Board, City staff, and the Naperville Development Partnership ("NDP") to redesign rail cars as a form of temporary outdoor seating. Riff Menza, owner of Features, invested $28,000 in the rail car project to make the seating option attractive, functional, and appealing to patrons. The investment was not recouped by their use last year.

Following the construction of the rail cars, the City Council waived the first reading and passed an ordinance (Ordinance 21-063) extending the expanded outdoor dining on public property without an outdoor permit until October 1, 2021. Two of the rails cars were removed from the publ...

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