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At a regular meeting of the City Council, held on June 23, 1970, there were present:
<br />
<br />George D. Hastes, James W. Holley, Burrell R. Johnson, Isaac W. King, R. Irvine Smith, Raymond Turner,
<br />A. P. Johnson, Jr., City Manager, M~ A. Korb, Jr., City Attorney and R. D. Ottavio, City Auditor.
<br />
<br />The meeting was opened with prayer by Mr. King.
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<br />70-260 - The following hearing on rezoning was held:
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<br /> Zoning Petition Z 70-12 - Application of C. M. Norris by Attorney Robert C. Barclay, Jr.
<br />
<br /> Harry Foster, 5917 Kingman Avenue spoke and presented the following petition:
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<br /> "We, the undersigned, property owners, respectfully petition your Honorable body to vote against the
<br />rezoning of property on the north side of Kingman Avenue from R-TS.to Commercial C-2. Re: App~n by
<br />C. M. Norris to Rezone from R-TS to Commemcial C-2.[Signed Harry Foster and others)"
<br />
<br /> Motion of Mr. Holley to concur in the recommendation of the Planning Commission to.place the entire lot
<br />in the Office Residential 0R-7S zoning district.
<br />
<br /> Substitute. motion of Mr. Johnson to postpone action on the application was lost and by the following
<br />vote:
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<br />Ayes: Hastes, Johnson, King
<br />Nays: Molley, Smith, Turner
<br />
<br /> Vote being taken, Mr. Holley's motion was adopted, and'~he following ordinance placed on first reading
<br />and by the following vote:
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<br />"ZONING ~HND~CHNT ORDINANCE Z 70-12"
<br />
<br />Ayes: Hastes, Holley, Johnson, King, Turner
<br />Nays: Smith
<br />
<br />The following reports from the City Manager were read:
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<br /> 70-261 - "I submit the attached ordinance and recommend it be placed on first reading. This amends
<br />Section 13-18, 19,~21, 24 and 27 of the Code of the Citer of Portsmouth relating to the service charges on
<br />business and commercial establishments for the trash and garbage collection and disposal thereof. This
<br />establishes rates based on the number of collections per week, plus the number of 32-gallon containers used
<br />by each business establishment.
<br />
<br /> This further establishes a fee for refuse that is carried to.the incinerator other than City trucks. It
<br />also establishes a fee for refuse delivered to the City landfill operation.
<br />
<br /> The ordinance further allows the Director to exempt a person from payment of the service charge upon
<br />receipt of a written request therefor, if the applicant has an alternate method of transporting and disposing
<br />of garbage refuse that is acceptable to the Director. Industrial wastes and similar refuse or garbage for
<br />which the City does not have the capability for collection and disposal of shall be excluded from this service
<br />charge, and it shall be the responsibility of the person generating such matter to transport and dispose of
<br />the same.
<br />
<br /> There is a further provision that if the bill is not paid within a IS-day period, an additional charge
<br />of 1% per billing period on the unpaid charges shall be added. The Director of P~folic Works shall discontinue
<br />collecting refuse from a delinquent operator after giving iS days' written notice, and a copy of the notice
<br />shall be delivered to the City Attorney, the Health Director and the Delinquent Tax Collector.
<br />
<br />Trnis ordinance does not change the fees charged on the collection of Dempster Dumpster boxes."
<br />
<br /> On motion of Mr. Holley, the following ordinance was approved on first reading, and by the following
<br />vote:
<br />
<br />"AN ORDINANCE TO A~ND SHCTIONS 15-18, 1S-19,- 13-21, 13-24 AND 13-27 OF THH CODH OF THH CITY
<br />OF PORTSMObrrH, VIRGINIA, 196i, ~J~L RELATING TO THE SHRVICE CH~JI. GHS IMPOSHD ON B-USINESS AND
<br />CO~$~HRCIAL HSTABLISH~NTS TO ASSIST IN DEFRAYING THH HXPI~SHS OF TRASH AND GARBAGH COLLHCTION
<br />AND DISPOSAL."
<br />
<br /> Ayes: Eastes, Holley, Johnson, King, Smith, ~urner
<br /> Nays: None
<br />
<br /> 70-262 - "I submit the attached ordinance and recommend it be placed on first~ reading. This amends
<br />Section 19-S~ of the City Code pertaining to poolrooms and billiard rooms to allow the operation of family
<br />~liard centers.
<br />
<br /> This continues to prohibit minors under eighteen years of age to frequent, play or Idi*aar in any public
<br />poolroom or billiard room. The ordinance does provide a provision for the operation of establishments known
<br />as family billiard centers, and defines this type of b~inass as follows:
<br />
<br />(1) It is not licensed under the Alcoholic Beverage Control laws of the State, andis not operated
<br /> in conjunction with any other licensed dispenser of alcdhol~c beverages.
<br />
<br />(2) It is illuminated throughout its interior at a level of 40 foot candleS.
<br />
<br />Has no partitioned or closed-off areas other than those for toilet facilities, office space or
<br />storerooms, and all playing areas and billiard tables shall be visible from a public way or street.
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