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103 BE IT RESOLVED that the request made in behalf of MCI Telecommunications Corporation (a successor in interest or owner SouthernNet of Virginia) for an emergency temporary franchise up to the date of June 1, 1991, is herebygranted, subject to the followin conditions: 1. All applicable provisions of the franchise initially granted SouthernNet of Virginia on November 18, 1989, shall continue in effect during the temporary franchise period, and 2. The franchisee will make all reasonable efforts to ensure that a new proposed franchise is available for ~ consideration by this Council well before the expiration of this temporary franchise, and 3. No new above ground extensions of existing lines belonging to franchisee or its subsidiaries shall be installed, between the date of this resolution and June 1, 1991,-without the express written approval of the City Manger. ORDINANCE: REZONING 855 W. MAIN ST. FROM R-3 TO B-3 Mr. Huja stated that the Planning Commission recommended approval of the rezoning for the following reasons: 1) It is in harmony with the Land Use Plan of the Comprehensive Plan; 2) It will not have a significant adverse impact on the surrounding area; and 3) The nature and location of the property is such that it is appropriate for it to be incorporated as part of the Republic Plaza complex rather than the Westhaven Development. On motion by Mr. Toscano, seconded by Ms. Waters, the ordinance entitled "AN ORDINANCE AMENDING AND REENACTING THE DISTRICT MAP INCORPORATED IN SECTION 34-15 OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, BY THE REZONING OF PROPERTY LOCATED AT 855 WEST MAIN STREET AT WESTHAVEN BOUNDARY" was offered and carried over to the next meeting for consideration. ORDINANCE: REZONING 316 10TH ST., N.E. FROM R-3 TO B-1 Mr. Huja stated that the Planning Commission recommended approval of the rezoning for the following reasons: 1) It is in harmony with the Comprehensive Plan and Land Use Plan; and 2) It will not have a significant adverse impact on the surrounding neighborhood. On motion by Ms, Waters,~ seconded by ~Mr. Toscano, the ordinance entitled "AN ORDINANCE AMENDING AND REENACTING THE DISTRICT MAP INCORPORATED IN SECTION 34-15 OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, BY THE REZONING OF PROPERTY LOCATED AT 316 10TH STREET, N.E." was offered and carried over to'the next meeting for consideration. ORDINANCE: CLOSING A PORTION OF SMITH STREET WEST OF LOCUST AVENUE Mr. Gouldman noted concern with the condition recommended by the Planning Commission that the applicants for the street closing maintain an eight foot pedestrian easement since closing a street but reserving it for public use is inconsistent ~and because the City could not require maintenance of the easement if the applicant's property is sold. Mr. Gouldman recommended the following options: 1) eliminate the condition of the easement; 2) not close the street; or 3) sell the street' right-of-way to the adjoining property owners amd include a clause requiring maintenance of the easement in the title.