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5'2 <br /> <br />August13.1996 <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br /> (a) The facility shall be located and developed in accordance with the site <br />plan and elevation shown on Exhibits A and B, attached hereto and made a part <br />hereof. <br /> <br /> (b) The applicant shall plant and maintain landscaping around the facility <br />in accordance with Exhibit A. <br /> <br /> (c) ApProVal of the submitted plans is valid onlY for the location shown in <br />Exhibit A, <br /> <br /> (d) Access to the facility shall only be from the adjacent shopping center <br />to the east, and the applicant shall furnish to the Planning Director satisfactory <br />proof of its right of access prior to construction of the facility. <br /> <br /> 4. Failure to comply with any of the above conditions may serve as <br />grounds for revocation of the use permit by the City Council." <br /> <br />Ayes: Benn, Clemons, Griffin, Martin, Pitts, Robinett, Holley <br />Nays: None <br /> <br />- CITY MANAGER'S REPORT - <br /> <br />96-276 - Letter from the City Manager recommending adoption of an ordinance <br />to appropriate $92,000 from the Capital Improvements Fund for payment to the <br />Virginia Department of Transportation toward the City of Portsmouth's share of <br />cost overruns on the construction of the Western Freeway. <br /> <br /> "Construction of the first phase of the Western Freeway was completed in <br />July of 1991. In accordance with the City/State agreement for the project, the <br />City of Portsmouth is obligated to pay 5% of the total cost of the project. <br /> <br /> Due to cost overruns on the project, the City is now responsible to pay the <br />Virginia Department of Transportation O/DOT) an additional $274,000. VDOT <br />agreed for the City to pay this amount overa three year period. Funds are <br />included in FY 96-97 of the 1996-01 Capital Improvement Plan for the first <br />payment of $92,000. <br /> <br /> The Director of Public Works recommends appropriation of $92,000 for <br />the first payment of this obligation. I concur and, with your approval of this item, <br />the remaining balance of bonds authorized, but not yet appropriated, will be <br />$4,436,183." <br /> <br /> Motion by Mr. Pitts, and seconded by Mr. Berm, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br /> "ORDINANCE TO APPROPRIATE $92,000 FROM THE CAPITAL <br />IMPROVEMENTS FUND AS PART OF LOCAL SHARE OF COSTS OF THE <br />FIRST PHASE OF THE WESTERN FREEWAY." <br /> <br />Ayes: Benn, Clemons, Griffin, Martin, Pitts, Robinett, Holley <br />Nays: None <br /> <br />96-277 - Letter from the City Manager recommending adoption of an ordinance <br />to appropriate $38,900 from the Capital Improvements Fund for the design work <br />for improvements to WestNorfolk Road, and a motion to award a preliminary <br />design contract to Horton and Dodd. <br /> <br /> A. Ordinance to appropriate $38,900 from the Capital Improvements <br />Fund for improvements to West Norfolk Road. <br /> <br />B. Motion to award a design contract to Horton and Dodd. <br /> <br /> <br />