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176 Ms. Richards asked about the requirement for fencing, and Mr. Higgins said the applicant cannot operate with eight children until the fence is constructed, and if the fence is not constructed in eighteen months, the permit will cease to be valid. Mr. Cox said he will support granting the special permit as he thinks the day care center is a compatible use in the neighborhood. Ms. Richards expressed concern with the limited tenure of the operator, noting that the permit runs with the land, and future tenancy is unknown and a permanent situation would be created. Mr. Toscano noted that the applicant probably will not build the fence is she is planning to move, and the permit would not become effective. Mr. Caravati said he finds it troubling if the tenant moves, and added there is a lot of capacity at existing day care centers. Mr. Cox said he does not think Council should be evaluating the special permit on the applicant's tenure as he feels that has very little to do with the appropriateness of the request. Mr. Cox made a motion to approve the resolution approving the special permit. Mr. Lynch seconded the motion, subject to the conditions made by the Planning Commission. Mr. Lynch said he thinks the Planning Commission came to a pretty good compromise. Mr. Toscano said Mr. Cox's point about not evaluating on the basis of the tenure is a good one, and agreed that it needs to be judged on it merits. The special permit for a day care center at 2207 Wayne Avenue was approved by the following vote. Ayes: Mr. Cox, Mr. Lynch, Ms. Richards, Mr. Toscano. Noes: Mr. Caravati. WHEREAS, Sonia Blow has requested a special use permit to allow operation of a child care facility at 2207 Wayne Avenue for up to twelve (I2) children; this property being further identified as Parcel 27 on City Real Property Tax Map 40B, having approximately 100 feet of t~ontage on Wayne Avenue and containing approximately 18,662 square feet of land or .43 acres; WItEREAS, following a joint public hearing before this Council and the Planning Commission, duly advertised and held on September 18, 2001, this Council finds that such use will conform to the criteria applicable to special permits generally under Chapter 34 of the City Code; now, therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a special use permit is hereby approved and granted to Sonia Blow, tenant of the property' at 2207 Wayne Avenue, to allow operation of a child care facility for up to twelve (12) children. This special use permit is conditioned upon the following: o Administrative approval of the final site plan with approval to waive the sidewalk requirement. The applicant shall fence in the outdoor play area. The number of children shall not exceed eight (8) per day. The hours of operation shall be no earlier than 6:00 a.m. and no later than 9:00 p,mo PUBLI,C I:IEARING/ORDINANCE: LIVING WAGE ORDINANCE FOR CONTRACT EMPLOYEES Ms. Lisa Kelley, Deputy City Attorney, explained that the proposed living wage ordinance for contract employees uses the "best value" concept which allows the City to consider a number of factors as well as price. Ms. Kelley said it will not apply to construction or professional contracts. Ms. Kelley noted that only a few contractors have been identified who do not already pay their employees $8 an hour.