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7 <br />RESOLUTION <br />TRANSFERRING STRATEGIC INVESTMEN T RESERVE <br />FROM THE CAPITAL FUND TO THE GENERAL FUND <br /> <br />In order to maintain the City’s 12% unappropriated fund balance, the December 2, 2003 <br />resolution to transfer $1,240,015 balance in the Strategic Investment Reserve account is <br />hereby reversed, and that su m is transferred back from account 26 - 020 - 091202 in the Capital <br />Fund to the unappropriated fund balance in the General Fund. <br /> <br />RESOLUTION <br />c. : Granting Special Permit for Single Family Residence on <br /> Leake Lan e <br /> <br />WHEREAS <br />, Burgess Lane Properties, Inc. has requested a special use permit to allow <br />residential use of a two - story farmhouse located at 134 Leake Lane, which is currently zoned <br />M - 1; this property is further identified as Parcel 42 on 2003 City Real Prope rty Tax Map 56, <br />having approximately 253 feet of frontage on Burgess Lane and 256 feet of frontage on Leake <br />Lane, and containing approximately 51,000 square feet of land or 1.17 acres; <br /> <br />WHEREAS <br />, a joint public hearing on this application was held before th e City <br />Council and Planning Commission on November 11, 2003, following notice to the public and <br />to adjacent property owners as required by law; and <br /> <br />WHEREAS, <br /> this Council finds that such use will conform to the criteria applicable to <br />special permits gener ally under Chapter 34 of the City Code; now, therefore <br /> <br />BE IT RESOLVED <br /> by the Council of the City of Charlottesville, Virginia that a <br />special use permit is hereby approved and granted to allow residential use on that portion of <br />the property at 134 Leake La ne shown as an “inset sketch” on the attached survey plat dated <br />November 18, 2003. <br /> <br />ORDINANCE <br />d. : "AN ORDINANCE CLOSING, VACATING AND <br />DISCONTINUING A STREET LOCATED IN THE 1200 BLOCK OF GROVE <br />nd <br />STREET (2 reading) <br /> <br />ORDINANCE <br />e. : "AN ORDINANCE AMENDING AND REORDAINING <br />CHAPTER 2, ARTICLE VII (JOINT CITY - COUNTY AIRPORT COMMISSION) <br />RELATING TO APPOINTMENTS AND TERMS OF SERVICE ON AIRPORT <br />nd <br />COMMISSION" (2 reading) <br /> <br />ORDINANCE <br />f. : "AN ORDINANCE AMENDING AND REORDAINIGN <br />ARTICLE VIII OF CHAPTER 2 (ADMINISTRATION) OF THE <br />CHARLOTTESVILLE CITY CODE, 1990, AS AMENDED, RELATING TO CDBG <br />TASK FORCE MEMBERSHIP AND TRI - ANNUAL REVIEW OF CDBG <br />PLANNING PROCESS" (carried over) <br /> <br />PUBLIC HEARING/ORDINANCE <br />: GRANTING FRANCHISE TO ADELPHIA <br />CABLE <br /> <br /> Mr. O'Connell explained that a commi ttee has been negotiating the franchise <br />agreement over the past year. <br /> <br /> Mr. Renee Knake, Assistant City Attorney, explained that the City has constraints <br />in what it can regulate, and can place no limit on rates beyond the lowest tier and cannot <br />require particular channels. Ms. Knake said that Adelphia has agreed to the terms <br />recommended by the committee, including the following: ten year franchise term; <br />franchise fee of 5% of gross revenues; complete rebuild of the system to 860 MHz or <br />higher by the end of 2006; non - exclusive – any other cable operator may receive a <br />franchise on similar terms; HDTV and other advanced services provided when <br />economically feasible, and the City will be considered as a test - market for new kinds of <br />service; standby powe r is required to provide continuous power in the event of a <br />commercial power outage or other power failure; adds Charlottesville High School as a <br />location for live broadcasting; reserves additional PEG access channels for future use, <br />