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366 <br /> <br />February 13, 1978 <br /> <br /> Motion of Mr. Holley and seconded by Mr. Early, to concur in the recommendation of the <br />Planning Commission (0R-75). <br /> <br /> Substitute motion of Mr. Barnes and seconded by Mr. Early, <br />to the next meeting (February 28) and a report be furnished mn <br />Mr. Wentz, and was adopted by unanimous vote. <br /> <br />the matter to be deferred <br />regards to questions raised by <br /> <br />(h) <br /> <br />AN~@RDINANCE ~0' AMEND THt~CODE-OFTHECITY OF PORTSMOUTH: VIRGINIA, 1973, BY <br />AMENDING SECTIONS 40-31 AND 40-45.1[b) THEREOF PERTAINING TO HOUSING FOR THE <br />ELDERLY. <br /> <br /> On motion of Mr. Early and seconded by Mr. Oast, the ordinance was approved on first <br />reading, and by unanimous vote. <br /> <br />(i) <br /> <br />AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUT VIRGINIA, 1973,' <br />BY ADDING TO CHAPTER 40 THEREOF SECTION 40-56 PERTAINING TO RESIDENTIAl, <br />PARKING DISTRICTS. <br /> <br /> Mrs. Emily N. Spong, 227 North Street, <br />the handicapped in front of their residence <br /> <br />spoke regarding special consideration be made for <br />instead of off-street parking in the Olde Towne <br /> <br /> On motion of Mr. Early and seconded by Mr. Barnes, the ordinance was approved on first <br />reading, and by unanimous vote. <br /> <br />(j) AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, <br /> BY ADDING TO CHAPTER 40 THEREOF, SECTIONS 40-68.1 PERTAINING TO RESTRICTED <br /> INDUSTRIAl: DEVELOPMEnT-ZONING D[~TRtCTS,-TO BE KNOW~ KS-INDUSTRIAL M-I~R-- <br /> <br />DISTRICTS. <br /> <br /> Michael J. Service, 4012 Tarnywood Drive, <br />spoke in favor of the concept of the amendment <br />standard should be more clearly defined. <br /> <br />representing Portsmouth <br />and under Environmental <br /> <br />Chamber of Commerce, <br />Restraints area the <br /> <br />tO <br /> <br /> Motion of Mr. Barnes and seconded by Mr. Early, to approve on first <br /> <br /> Substitute motion of Mr. Went2 and seconded by Mr. Barnes, that the <br />transfer to B all those uses under A except for the following: <br /> <br />reading. <br /> <br />ordinance be amended <br /> <br />1.Accessory uses and structures clearly incidental to a permitted use and <br /> which will not create a nuisance or hazard. <br />2.Automobile parking operated in conjunction with permitted uses and in <br /> accordance with the requirements of Section 40-48. <br />3.Public utility distriction lines, transformers and necessary related <br /> facilities. <br />4.Public utility transormer stations, transmission lines and towers, <br /> telephone~exchanges, water treatment, storage and pumping facilities, <br /> and sewage pumping stations. <br /> <br />and the ordinance to be approved as amended, was a4op~ed by unanimous vote. <br /> <br /> 78-64 - On motion of Mr. Holley and seconded by Mr. Early, the following resolution was <br />adopted, and by the following vote: <br /> <br />"A RESOLUTION OPPOSING ANY ACTION BY THE GENERAL ASSEMBLY THAT WOULD LIMIT THE <br />VIRGINIA PORT AUTHORITY FROM RENEGOTIATING LEASES WHICH ARE ABOUT TO TE~4INATE. <br /> <br /> WHEREAS, there exist long term leases at all facilities of the Virginia Port Authority <br />(VPA) except Portsmouth Marine Terminals; and <br /> <br /> WHEREAS, under the Unification Agreement entered into between VPA, the City of Portsmouth <br />Portsmouth Port And Industrial Commission (PPIC), VPA assumed all obligations of the PPIC. <br /> <br /> WHEREAS, at the time of the <br />Agreement, there existed a lease <br />operator; and <br /> <br />assumption of all obligations by VPA under said Unification <br />between (PPIC) and the Portsmouth Terminals, Inc., the termim <br /> <br /> WHEREAS, said lease provided that the terminal operator would have the option of first <br />refusal to enter into negotiations with PPIC for an extension of said lease for an additional <br />ten (10) year term; and <br /> <br /> WHEREAS, the City of Portsmouth considers such option of first refusal to enter into <br />negotiations to be a moral obligation of the VPA and may well be a legal obligation under said <br />Unification Agreement; and <br /> <br /> WHEREAS, if VPA does not negotiate <br />have breached the Unification Agreement; <br /> <br />in good faith the extension of said lease, VPA will <br />and <br /> <br /> WHEREAS, the current lease expires <br />the financing capability nor incentive to make investments in capital <br />and '~ <br /> <br />in December, 1979, the terminal operator has neither <br /> improvements or equipmen <br /> <br /> WHEREAS, if a lease is not negotiated there is no incentive to market the port and enter <br />into contracts with shipping lines. <br /> <br />L1 <br /> <br /> <br />