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454 COUNCIL CHAMBER - DECEMBER 19, 1960 THE COUNCIL MET IN REGULAR SESSION ON THIS DATE WITH THE FOLLOWING MEMBERS PRESENT: MR. HAGGERTY, MR. LEE, MR. MICHIE, MR. MOUNT AND MR. SCRIBNER• ABSENT: NONE. THE MINUTES OF THE MEETING OF DECEMBER 5, 1960 WERE READ AND APPROVED. A PUBLIC HEARING WAS HELD ON THIS DATE ON THE PETITION OF THE OPTIMIST CLUB REQUESTING A CHANGE IN ZONING ON ITS PROPERTY ON CARLTON ROAD. NO ONE APPEARED PUBLIC HEARING RE: ZONING CHANGE - CARLTON RD. FOR OR AGAINST THIS REQUEST. A COMMUNICATION WAS PRESENTED FROM THE PLANNING COMMISSION RECOMMENDING THE CHANGE. AN ORDINANCE ENTITLED "AN ORDINANCE AMENDING THE DISTRICT MAP INCORPORATED IN THE ZONING ORDINANCE OF THE CITY OF CHARLOTTESVILLE BY THE PROVISIONS OF SECTION 4 ORDINANCE ADOPTED: SEC. 4, ART. III, OF ARTICLE III OF APPENDIX II OF THE CHARLOTTESVILLE CITY CODE OF 1959", WHICH WAs APPENDIX II RE: DISTRICT MAP OFFERED AT THE MEETING OF THE COUNCIL ON NOVEMBER Z1, 1960 WAS ADOPTED BY THE FOLLOWING RECORDED VOTE: AYES: MR. HAGGERTY, MR. LEE, MR. MICHIE, MR. MOUNT AND MR. SCRIBNER. NOES: NONE. MR. FENDALL R. ELLIS ADDRESSED THE COUNCIL AND STATED THAT THE PLANS FOR GRADING SCHOOL BOARD AUTHORIZED FOR THE PROPOSED GREENBRIER SCHOOL WERE COMPLETED AND INQUIRED IF THE SCHOOL BOARD TO PROCEED WITH GREENBRIER SCHOOL PROJECT SHOULD PROCEED WITH THIS WORK. ON MOTION BY MR. MOUNT, SECONDED 8Y MR. MICHIE, THE SCHOOL BOARD WAS AUTHORIZED TO PROCEED WITH HAVING THIS GRADING COMPLETED. PETITIONS REQUESTING A ZONING CHANGE ON FIFTH ST., S. W., AND AT 7O3 AVON STREET PETITIONS REFERRED TO PLANNING COMM. RE: 5TH S;.,SW WERE REFERRED TO THE PLANNING COMMISSION FOR RECOMMENDATION. AND 7O3 AVON ST. THE FOLLOWING REPORT WAS PRESENTED BY THE CITY MANAGER: DECEMBER 14, 1960 TO THE MEMBERS OF THE COUNCIL CITY OF CHARLOTTESVILLE, VIRGINIA GENTLEMEN: IN ORDER TO ELIMINATE SOME OF THE CONFUSION WHICH HAS DEVELOPED AS A RESULT OF ALBEMARLE COUNTY'S ANNOUNCED INTENTION TO APPEAL THE ANNEXATION ORDER OF DECEMBER 1, 1960, I WISH TO RECOMMEND AS FOLLOWS: THAT THE COUNCIL ADOPT A POLICY, WHICH WILL REMAIN IN EFFECT UNTIL THE ANNEXATION ORDER BECOMES EFFECTIVE, AND WHICH Will REQUIRE THAT ALl STREETS AND UTILITY LINES WITHIN THE AREA GRANTED BY THE ABOVE COURT ORDER BE REPORT RE: STREET AND UTILITY LINES - ANNEXED CONSTRUCTED IN ACCORDANCE WITH SECTION 4(A ), PARAGRAPHS 1, 2, 3, 4 AND 5 OF AREA THE SUBDIVISION ORDINANCE ENTITLED " MINIMUM IMPROVEMENTS REQUIRED". THE EFFECT OF THIS ACTION WOULD BE TO TREAT THE ANNEXED AREA AS IF IT WAS ALREADY IN THE CITY IN SO FAR AS THE CONSTRUCTION OF STREETS AND UTILITY LINES ARE CONCERNED, AND WILL IN MY OPINION ENCOURAGE CERTAIN DEVELOPERS TO PROCEED IMMEDIATELY WITH THEIR PLANS RATHER THAN OEIAY UNTIL THE SUPREME COURT OF APPEALS HAS RULED ON THE ORDER. IT WOULD ALSO ENCOURAGE CITY TYPE DEVELOP- MENT NOW RATHER THAN AT A LATER DATE. I AM SURE THAT iT WILL BE NECESSARY IN SOME INSTANCES FOR THE COUNCIL TO CONSIDER AND TO GRANT EXCEPTIONS TO THE ABOVE POLICY, IF,~ ADOPTED, HOWEVER IN THE END I FEEL THAT SUCH ACTION WILL FACILITATE THE ORDERLY DEVELOPMENT OF THE AREA. ( SUGGEST ALSO THAT CHAPTER 3S, SECTION 8 OF THE CITY CODE BE AMENDED SO AS TO ELIMINATE THE $100.00 COUNTY WATER CONNECTION FEE ANO THAT CHAPTER 35, SECTION 1 8E AMENDED SO AS TO REQUIRE THE PAYMENT OF $75.00 FOR ALL 5~8 INCH WATER CONNECTIONS WHETHER IN OR OUT OF THE CITY. THIS FIGURE REPRESENTS THE APPROXIMATE COST TO THE CITY FOR MAKING THESE CONNECTIONS AND IN MY OPINION