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440 CITY COURTHOUSE - JULY 17, 1967 PUBLIC HEARING RE: REZONING OLD BAILEY PROPERTY - 4TH STREET, So W. REZONING REQUEST REFERRED TO PLANN. COMM. HATTER RE: WILLOW HEIGHTS APT. PROJECT PLANNING COMMISSION RECOMMENDATIONS RE: ALLIED ST., STRIBLING Ave. & ARLINGTON BLVD~ MATTER RE: CLUSTER- TOWN HOUSE ORDINANCE iN ALB. COUNTY RESOLUTION APPROP.- ADDITIONAL PERSONNEL CITY SGT.'S OFFICE ORDINANCE CARRIED OVER RE: CH. 18, SEC. 18-33 APPROP.- OVER- EXPENDED ACCOUNTS THE COUNCIL MET IN REGULAR SESSION ON THIS DATE WITH THE FOLLOWING MEMBERS PRESENT: MR. HAGGERTY~ MR. MOUNT, MR. RENNOLDS~ MR. RINEHART AND MR. VOGT. ABSENT: NONE. THE MINUTES OF THE MEETING OF JULY 3~ 1967 WERE READ AND APPROVED. A PUBLIC HEARING WAS HELD ON THIS DATE ON A REQUEST TO REZONE THE OLD BAILEY PROPERTY ON 73 STREET FROM R-2 RESIDENTIAL TO R-3 MULTIPLE DWELLING. AFTER A LENGTHY DISCUSSION, THE ISSUE WAS RAISED BY A HEMBER OF THE PUBLIC AS TO WHETHER PROPER LEGAL NOTICE HAD BEEN GIVEN FOR THE PLANNING COMMISSION PUBLIC HEARING. THE HAYOR DIRECTED THE CITY ATTORNEY TO ASCERTAIN WHETHER PROPER NOTICE HAD BEEN GIVEN. THE CITY ATTORNEY REPORTED THAT ALTHOUGH PROPER NOTICE HAD BEEN GIVEN ON MAY 25TH AND JUNE 8TH THAT AN ADDITIONAL NOTICE HAD ALSO BEEN PUBLISHED ON JUNE 13TH, WHICH RENDERED INVALID THE PLANNING COMHISSION~S PUBLIC HEARING ON THAT DATE. THE CI. TY ATTORNEY FURTHER RULED THAT SINCE COUNCIL COULD NOT ACT UNTIL IT HAD A VALID RECOMMENDATION FROH PLANNING COMMISSION~ THIS REQUEST AND THE REQUEST FOR REZONING AT 209 AND 205 FOURTH STREET~ S. W. SHOULD BE REFERRED BACK TO THE PLANNING COMMISSION FOR ANOTHER HEAR. lNG, AND THE MAYOR SO ORDERED. A REQUEST FOR REZONING ON JEFFERSON PARK AVENUE WAS REFERRED TO THE PLANNING COMMISSION FOR RECOMMENDATION. A COMMUNICATION WAS PRESENTED FROM THE PLANNING COMMISSION ADVISING THAT THE PROPOSED WILLOW HEIGHTS APARTMENT PROJECT 13 IN AN AREA LIKELY TO BE ANNEXED IN THE NEAR FUTURE~ AND RECOMMENDING THAT THE USE BE RESTRICTED TO USES PERMITTED IN ARTICLE VI AND ARTICLE VIII AS REQUESTED IN THE COMMUNICATION DATED JUNE 30, 1967. THE CITY MANAGER ADVISED THAT UTILITIES ARE AVAILABLE FOR THIS PROJECT~ AND RECOMMENDED THEY BE GRANTED UNDER THE USUAL TERMS AND CONDITIONS. ON MOTION BY MR. MOUNT, SECONDED BY MR. HAGGERTY~ THE FOREGOING RECOMMENDATION WAS UNANIMOUSLY ADOPTED. CONMUNICATIQNS WERE PRESENTED FROM THE PLANNING COMMISSION RECOMMENDING THAT THE REQUEST FOR REZONING ON ALLIED STREET BE GRANTED; THE REQUEST FOR REZONING ON STRIBLING AVENUE BE DENIED~ AND THE REQUEST FOR REZONING ON ARLtNGTON BLVD. BE DENIED. A PUBLIC HEARING WAS SET FOR AUGUST 7, 1967 AT 7:30 P. M. TO CONSIDER THESE REQUESTS. (UPON CHECKING THE DATES OF PUBLICATION ON JULY 18TH, THE CITY ATTORNEY RULED THAT IMPROPER NOTICE HAD BEEN GIVEN FOR THE PLANNING COMMISSION'S PUBLIC HEARING, AND THAT SUCH HATTERS WERE NOT LEGALLY BEFORE COUNCIL.) PURSUANT TO SECTION 15.1-468 OF THE CODE OF VIRGINIA, A REPORT WAS PRESENTED FROM THE PLANNING COMMISSION RECOHMENDING APPROVAL OF THE PROPOSED COUNTY OF ALBEMARLE CLUSTER- TOWN HOUSE ORDINANCE. ON MOTION BY HR. RINEHART, SECONDED BY HR. MOUNT, THE RECOMMENDATION OF THE PLANNING COMMISSION WAS ACCEPTED AND THE CLERK WAS DIRECTED TO NOTIFY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY THAT THE CITY HAD APPROVED THE PROPOSED ORDINANCE. ON MOTION BY MR. HAGGERTY, SECONDED BY MR. VOGT, THE FOLLOWING RESOLUTION WAS OFFERED AND CARRIED over TO THE NEXT MEETING FOR CONSIDERATION: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT ~10~000.00 BE AND THE SAME IS HEREBY APPROPRIATED FOR THE CITY'S SHARE OF THE COST OF ADDITIONAL PERSONNEL IN THE CITY SERGEANTtS OFFICE. AN ORDINANCE ENTITLED "AN ORDINANCE AMENDING AND REENACTING SECTION 18-33 ENTITLED 'MAXIMblvi AND MINIMUH SPEED LIMITS; POSTING, ETC. OF SCHOOL ZONES' OF CHAPTER 18 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1965, BY THE AHENDMENT OF PARAGRAPH (G) AND BY THE ADDITION OF A NEW PARAGRAPH (HI" WAS OFFERED 9Y MR. VOGT, SECONDED BY MR. RINEHART, AND CARRIED OVER TO THE NEXT MEETING FOR CONSIDERATION. THE RESOLUTI:ON APPROPRIATING $114,233.28 FOR OVER-EXPENDED ACCOUNTS IN THE 1966-67 BUDGETp WHICH WAS OFFERED AT THE MEETING OF THE COUNCIL ON JULY 3, 1967, WAS ADOPTED