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32 Mr. Hendrix noted that it might be difficult to have adjacent property owners pay for part of the crossing since they have not been asked to do so prior to approval of the project. Ms. Slaughter made a motion to require the developer of the theater to pay 100% of the cost of the crossing. The motion died for lack of a second. Ms. Daugherty made a motion to require the developer to pay 50% of the cost and the City to pay 50% of the cost of the crossing. Mr. Vandever seconded the motion and it was approved by the following vote. Ayes: Ms. Daugherty, Mr. Toscano, Mr. Vandever. Noes: Rev. Edwards and Ms. Slaughter. Mr. Toscano made a motion to made the crossing conditional on a certificate of occupancy for the theater and Rev. Edwards Seconded the motion. The motion was defeated by the following vote. Ayes: Ms. Slaughter and Mr. Toscano. Noes: Ms. Daugherty, Rev. Edwards, and Ivfr. Vandever. Mr. Vandever stated that he thought the crossing served a good purpose regardless of the theater development. On motion by Ms. Slaughter, seconded by Rev. Edwards, Council unanimously voted to reconsider the vote to make the opening conditional on the theater development. Ms. Slaughter made a motion to open the crossing of the mall conditional on a certificate of occupancy for the theater and Rev. Edwards seconded the motion. The motion was defeated by the following vote. Ayes: Ms. Slaughter and Mr. Toscano. Noes: Ms. Daugherty and Mr. Toscano. Abstaining: Rev. Edwards. WHEREAS, a request has been made to allow vehiCUlar crossing of the Downtown Mall at Second Street, West; and WHEREAS, the Downtown Mall is presently reserved for the exclusive use of pedestrians; and WHEREAS, by law the change of use of any public street requires review by the City to determine whether the proposed change is substantially in accord with the adopted comprehensive plan, or a part thereof; and WHEREAS, on August 1, 1994, City Council held a public hearing on the proposed change and on August 9, 1994, City Council and the City Planning Commission held a joint public heating; and WHEREAS, the Planning Commission has communicated its findings and recommendations to City Council; and WHEREAS, the opening of Second Street, West to allow vehicular traffic to cross the Downtown Mall would further the Comprehensive Plan goal of improving the overall circulation of traffic in the Downtown area; and WHEREAS, the opening of Second Street, West would encourage economic development in the Downtown area, which is also a stated goal of the Comprehensive Plan; and WHEREAS, access to and visibility of the Downtown Mall will be enhanced by allowing vehicular traffic on the Downtown Mall at Second Street, West; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Charlottesville that: