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41 a note or bond, in form approved by t he City Attorney, from the CIDA to the City. All funds withdrawn by CIDA under this appropriation shall be repaid by CIDA, with interest at an annual rate equal to the rate being earned by the City Treasurer on the short term investment of City funds on the date the note is signed, within thirty days (30) of final reimbursement from the Virginia Department of Transportation for the costs of construction of the industrial access road for the National Optronics project. RESOLUTION: APPROVING SDEWALK CAFE FOR EASTERN STANDARD Mr. Hendrix explained that all requirements for the sidewalk cafe had been met. On motion by Ms. Daugherty, seconded by Mr. Vandever, the resolution approving a sidewalk cafe for Eastern Standard Restaurant was approved, with Rev. Edwards and Ms. Slaughter absent. WHEREAS, Douglas Smith and Sean Concannon, co-owners of the Eastern Standard restaurant, has applied to City Council for a pernfit to operate an outdoor cafe on the pedestrian mall in the 100 block of Old Preston Avenue, in connection with the operation of its duly licensed restaurant at 102 Old Preston Avenue; and 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 to welfare; now, therefore, BE IT RESOLVED that Douglas Smith and Sean Concannon are hereby granted a permit to operate an outdoor cafe on the pedestrian mall in the 100 block of Old Preston Avenue, subject to the following conditions and terms: 1. The permit shall be valid from its adoption until November 30, 1996, for operation of the cafe during the months of March through November. Not later than November 30 of each year, the operator shall remove from public property all furniture and equipment used for such cafe operation. 2. The cafe shall be operated only in the designated area shown on the attached sketch. No cafe furnishings or equipment shall be permitted to obstruct any fire lane. The designated area of operation shall be clearly delineated by the use of a combination of trees, fences, planters and barriers. 3. 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 remove promptly all food dishes and utensils after each customer has left and shall clean thoroughly the entire cafe after the close of business each day. The City Manager shall have the right to require the operator to use only non-disposable dishes, utensils and napkins in the cafe area, in the event the City Manager determines that the use of paper or plastic tableware or napkins is contributing to litter problems in the malt area. 4. Within the designated cafe area, the operator shall have the right to limit access and occupancy only to bona fide paying customers of the restaurant who are behaving in a lawaeul manner and shall have the same fight to deny admission or service as it exercises on its own premises. However, no person shall be denied admission to or service at the cafe on the basis of race, religion, national origin, ex, age or disability. 5. The operator shall pay a one-time fee for the processing of this permit. City Council reserves the right, upon sixty days notice to the operator, to begin charging a reasonable rent for its occupancy of the public property upon which the cafe is located. 6. Operators may permit musical entertainment in the cafe area, provided it is limited to unamplified vocal or instrumental performances and does not occur after 12:00 a.m. or before noon.