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221 <br /> <br />sidewalk from Lambeth Lane to Wayside Place at a total cost of approximately $500,000; <br />and <br /> <br /> WHEREAS, the Virginia Depart. merit of Transportation has awarded a grant to the <br />City of Charlottesville in the amount of $400,000; and <br /> <br /> WHEREAS, the City of Charlottesville, by resolution dated December 19, 1994, has <br />agreed to pay for twenty percent (20%), or $100,000, of the total cost for planning, design_, <br />fi~t-of-way, and const_ruction oftb~s pr0iect in accordance wi._'th the guidelines for !STEA <br />funding; now, therefore, <br /> <br /> BE IT RESOLVED by the Council for the City of Char!ottesvi!le, Virgi~a, that the <br />sum of $500,000 is hereby appropriated from the Capital Improvements Fund earmarked fbr <br />the Rugby Road Pedestrian Bike Trail and !nfrastrucmre Improvements in fiscal year <br />1995-96. <br /> <br />RESOLUTION: <br /> <br />Authorizing sidewalk cafe for Virgirdan Restaurant <br /> <br /> W!!EREAS, Ro!ands, !nc., d/b/a The Virginian restaurant, has applied to Ciw Council <br />for a perm_it to operate an outdoor cafe at 152 ! U~versky Avenue in connection with the <br />operation of its duly licensed restaurant (The Virginian); and <br /> <br /> WMEREAS, this Council finds that the proposed outdoor cafe can add si_~nificantly to <br />successful com_merce in the University Comer area, will not unreasonably restrict the <br />movement of pedestrian traffic and will not endanger the public health, safety or welfare; <br />now, therefore, <br /> <br /> BE IT RESOLVED that Ro!ands, Inc. is hereby granted a permit to operat, e an <br />outdoor cafe at 152 ! University Avenue suhiect to the following conditions and te__rms: <br /> <br /> !. The pe_~rmk shall be valid from ks adoption until November 30, 1997, for operation <br />of the cafe during the months of March tb_rough November. Not later than November 30 of <br />each year, the operator shall remove from public prope~y all fi~rfimre and etgfipment used <br />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 a~y 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 /> 3~ The ca£~ shall be operated in full confor~ty with all State health and alcoholic <br />beverage control regulations. No food preparation shall be permitted on the sidewalk. The <br />operator shall remove promptly all food dishes and utensils aRer each customer has !eR and <br />shall clean thoroughly the entke cafe afl. er the close of business each day~ The City Manager <br />shall have the right to require the operator to use only non-disposable dishes, utensils and <br />napkins in the cafe area, in the event the City Manager determines that the use of paper or <br />plastic tableware or napkins is contributing to litter problems in the mall area. <br /> <br /> 4. Within the designated cafe area., the operator shall have the right to fi_mit access and <br />occupancy only to bona fide paying customers of the restaurant who are behaving in a lawful <br />manner and shall have the same right to deny admission or serv%e as it. exercises on ks own <br />premises. However, no person shall be de_riled admission to or service m the cafe on the basis <br />of race, religion,_ nmional origin, sex, age or disability~ <br /> <br /> 5. The operator shall pay a one-time fee of $25 for the processing of this permit, and <br />shall be required to pay rent for the occupancy of the public property in accordance with City <br />Code Section 28-2 !4. <br /> <br /> <br />