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December 9. 1975
<br />
<br />At a regular meeting of the City Council held on December 9, 1975, there were present:
<br />
<br />Jack P. Barnes, E. Saunders Early, Jr., Archie Elliott, Jr., James W. Holley,
<br />Edward L. Oast, Jr., Robert W. Wentz, Jr., R. T. Williams, City Manager,
<br />Steven Lieberman, Assistant City Attorney.
<br />
<br />Absent: Richard J. Davis
<br />
<br /> Vice Mayor Robert W. Wentz, Jr., presided in the absence of Mayor Richard J.
<br />
<br /> ~ther Patrick J. DeLauder, Associate Pastor, Church of Resurrection, opened
<br />with prayer, fcllowed by the Pledge of Allegiance to the Flag.
<br />
<br /> Vice Mayor Wentz welcomed all visitors in attendance.
<br />
<br /> Motion of Mr.
<br />November 25, 1975,
<br />
<br />Davis.
<br />the meeting
<br />
<br />Barnes and seconded by Mr. Elliott, minutes of the regular meeting of
<br />to be approved as rece{ved, Qas'adopted by unanimous vote.
<br />
<br />- UNFINISHED BUSINESS
<br />
<br /> ~5-513 - The following ordinance approved on first reading at the regular meeting of
<br />November 25, 1975, was taken up and read:
<br />
<br />"AN ORDINANCE TO APPROPRIATE $75,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE
<br />PURCHASE OF N~W FIRE APPARATUS TO SERVE PORTSMOUTH MARINE TERMINALS AND THE
<br />WEST NORFOLK INDUSTRIAL AREA."
<br />
<br /> On motion of Mr. Barnes and seconded by Mr. Oast, the ordinance was adopted, and by the
<br />following vote:
<br />
<br />Ayes: Barnes, Early, Elliott, Holley, Oast, Wentz
<br />Nays: None
<br />
<br /> 75-514 - The following ordinance approved on first reading at the regular meeting of
<br />November 25, 1975, was taken up and read:
<br />
<br />"AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS FROM UNAPPROPRIATED BALANCES WHICH
<br />ARE NECESSARY FOR THE OPERATION OF THE CITY GOVERNMENT FOR AND DURING THE FISCAL
<br />YEAR BEGINNING JULY l, 1975 AND ENDING JUNE 30, 1976."
<br />
<br /> On motion of Mr Early and seconded by Mr. Oast, the ordinance was adopted, and by the
<br />following vote:
<br />
<br />Ayes: Barnes, Early, Oast, Wentz.
<br />Nays: Elliott, Early
<br />
<br /> 75-~15 The following ordinance approved on first reading at the regular meeting of
<br />November 25, 1975, was taken up and read:
<br />
<br />"AN ORDINANCE TO APPROPRIATE $3,135 FROM THE GENERAL FUND FOR FINAL PAYMENT OF
<br />tHE CITY'S SHARE OF THE OPERATING EXPENSES THROUGH DECEMBER 31,1975 OF THE
<br />TIDEWATER REGIONAL HEALTH PLANNING COUNCIL UNTIL THE CHARTER OF THE~FIRALTH
<br />SERVICE AGENCY HAS BEEN APPROVED BY THE COUNCIL OF THE CITY OF PORTSMOUTH."
<br />
<br /> On motion of Mr.~Barnes and seconded by Mr. Elliott,
<br />the following vote:
<br />
<br />the ordinance was adopted, and by
<br />
<br />Ayes: Ba~nas$ Early, Elliott, Holley, Oast, WentD
<br />Nays: None
<br />
<br /> 75-501 - T.he following letter received from Director of Planning, concerning PUD 73-1,
<br />BRllard Planned Unit Development, ~eferred from meeting of November 11, 1975, was presented:
<br />
<br /> "At its regular monthly meeting on December 2, 1975, the City Planning Commission dis-
<br />cussed at length the Ballard Planned Unit Development PUD-7$11 which you referred back for fur~
<br />ther consideration. During this public discussion, the Commission conferred with Attorney
<br />Benjamin Levy who has represented the land development firm throughout its negotiations with
<br />the City of Portsmouth.
<br />
<br /> It is the concensus of the Planning Commission as currently constituted that rezoning
<br />application Z-73-14 would neither have been recommended nor approved ff it had not been part
<br />of a three component package consisting of the PUD with its 673 dwelling units, a large
<br />marina on Hoffler's creek (UP-73-1) and the six acres of neighborhood Commercial ¢-1 on Twin
<br />Pines Ro~d. Moreover, the Commission wants it understood that Attorney Levy consistently made
<br />it clear that his plans to amend or abandon PUD-73-1 and his use permit UP-73-1 for the marina
<br />did not include a willingness to y~eld the six acres of neighborhood commercial zoning."
<br />
<br /> Motion of Mr. Elliott and seconded by Mr. Early, the matter to be deferred to the
<br />second meeting in January (January 27, 197B), was adopted by unanimous vote.
<br />
<br />The following reports from the City Manager were presented:
<br />
<br /> 75-55] "Consideration of an ordinance on first reading to appropriate $138,000 from the
<br />Capital Improvement Fund in the category of Parks and Recreation.
<br />
<br />The Parks and Recreation Commission has held public hearings at various locations through-
<br />
<br />
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