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117 sidewalk within ten years. Mr. Gouldman recommended that the Council either close the street without reserving the right-of-way, or deny the closing and maintain it as a "paper" street because by either action the City would be insulated from liability. ReSponding to a question from Ms. Slaughter, Mr. Gouldman stated that by vacating the street the adjoining property would obtain clear title to the property. Ms. Slaughter recalled that the North Downtown Residents Association had asked the City for permission to make improvements on the unopened street in years past, but had been told that such improvements could not be made because of the CitY's liability, and Mr. Gouldman stated that ift~e City had given permission for the improvements it would have amounted to "constructive" acceptance of the street. Ms. Slaughter asked who would be liable should someone be hurt on the property and questioned how great the hsk would be to the City. Mr. Gouldman stat{d that if the property remains as is, a "paper" street, or is vacated, then the City clearly is not liable in the event someone is injured on the property, and he added that he thinks ther~ would be a real risk of liability for the City. Mr. Gouldman added that the adjacent propertyI owners have asked the City to install lights on the property if the street vacation is denied. Ms. Daugherty stated that she understands that criminal activity has taken place on the unopened street, and feels it would be best to vacate the street without retaining the fight-of- way. On motion by Ms. Daugherty, seconded by "AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF HEDGE STREET" was offered and carried over to the next meeting for consideration, ORDINANCE: REZONING 318 14TH STREET, N.W. FROM R-2 TO R-3 Mr. Huja stated that the Planning Commission recommended denial of the rezoning for the following reasons: 1) It will not be in harmony with the Land Use Plan of the Comprehensive Plan, and 2) It is not clear whether development of this site as four units would be feasible in term~ of the parking needs for four units and even if it could be done, a fair amount of natural environment would be destroyed. On motion by Mr. Vandever, seconded by Ms. Slaughter, the rezoning of 318 14th Street, N.W. was denied by the following vote. Ayes: Ms. Slaughter, Mr. Toscano, Mr. Vandever. Noes: Ms. DaUgherty. Absent: Rev. Edwards. PUBLIC There were no matters by the public. OTHER BUSINESS Ms. Slaughter anm?unced that Deputy Commonwealth's Attorney Jori Zug will be leaving his position the ¢ nd of the month, and wished him well. Mr. Toscano stated that Delegate Mitchell Van Yahres has asked if the Council would like to take a position with regard to the bill supporting establishment of a public defender's office. Ms. Daugherty sta~ed that she iss highly in favor of establishing a public defender's office. Mr. Toscano and office on the condition ~ /Is. Slaughter stated that they would support the public defender's f state funding.