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115 <br /> <br /> Mr. Lynch said it is difficult to tell whether there will be an adverse impact <br />without seeing what the addition will look like. <br /> <br /> Mr. Cox agreed with Mr. Lynch, and said he thinks the addition will have a <br />negative impact. Mr. Cox said that if we continue to shoehorn these areas adjacent to <br />single family neighborhoods it will harm their stability. Mr. Cox said he would like to <br />see another proposal, and thinks the matter should go back to the Planning Commission. <br /> <br /> Mr. Caravati noted that the Planning Commission unanimously recommended <br />approval of the special permit and the applicant has also been through the site plan <br />process. <br /> <br /> Ms. Richards said she is uncertain about supporting the special permit, and is not <br />ready to support it tonight. <br /> <br /> Mr. Toscano made a motion to approve the special use permit for the <br />Rugby/Mclntyre Apartments, noting that the Planning Commission recommended its <br />approval following a public hearing, and Mr. Caravati seconded the motion. <br /> <br /> Mr. Lynch asked if the applicant can come back with another request if the <br />special permit is denied, and Mr. Gouldman said he is not sure. <br /> <br /> Ms. Richards said she hopes Council can entertain another proposal, and asked if <br />a different proposal would have to go back to the Planning Commission. <br /> <br /> Mr. Caravati said it is his understanding that a new proposal would have to go to <br />the Planning Commission. <br /> <br /> The motion to approve the special use permit was denied by the following vote. <br />Ayes: Mr. Caravati, Mr. Toscano. Noes: Mr. Cox, Mr. Lynch, Ms. Richards. <br /> <br />ORDINANCE: DOMINION TELECOM FRANCHISE AGREEMENT <br /> <br /> Mr. Gouldman noted that this matter was before Council at their May 7Ih meeting. <br />Due to deregulation at the state level, Council cannot charge a franchise fee, though the <br />City can control use of the streets. The matter was tabled because installation had begun <br />which was not satisfactory to the City. Mr. Gouldman said that if other companies put <br />their lines underground, Dominion Telecom will go underground at their own expense <br />under Virginia law. <br /> <br /> Mr. Tom Hogg, Manager of Business Development for Dominion Telecom, said <br />that this expansion provides a convergence of the network, increases the supply of <br />bandwidth for technology companies and the University of Virginia, and increases speed. <br />Mr. Hogg explained that they are seeking a non-exclusive franchise. <br /> <br /> Mr. Toscano moved the ordinance entitled "AN ORDINANCE GRANTING A <br />TELECOMUNICATIONS FRANCHISE TO DOMINION TELECOM, INC., ITS <br />SUCCESSORS AND ASSIGNS TO USE THE STREETS AND OTHER PUBLIC <br />PLACES OF THE CITY OF CHARLOTTESVILLE, VIRGINIA FOR ITS POLE, <br />WIRES, CONDUITS, CABLES AND FIXTURES, FOR A PERIOD OF FIVE (5) <br />YEARS" <br /> <br /> Responding to a question from Ms. Richards, Mr. Gouldman said he feels his <br />office worked hard to protect the City's interest and the franchise goes as far as legally <br />possible. <br /> <br /> Responding to a question from Mr. Caravati, Ms. Judy Mueller, Director of Public <br />Works, said she is satisfied with the ordinance and has been assured that the work will be <br />completed by the second reading of the ordinance. <br /> <br /> <br />