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HomeMy WebLinkAboutAPRIL 27, 1970 @7 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA April 27, 1970 The regular meeting of the Council of the Citv of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building, in the Borough of Princess Anne, on Monday, A.Dril 27, 1970, at 10:00 a.m. The invocation was given by Reverend Malcolm F. Yaple of St. Andrew's @@ethodist Church in Virginia Beach. Councilmen present: Mayor Frank A. Dusch, Vice Mavor Robert B. Cromwell, Jr., George R. Ferrell, D. Murray flalbon, John 1,@l. lIcCom@s, ). Curtis Payne, G. Dewey Simmons, Jr., Earl M.-Tebault, and Kenneth @l. Whitehurst. Councilmen absent: Albert L. Bonney, Sr., and Lawrence E. Marshall On motion by Mr. McCombs, seconded by tlr. Tebault, and L)y recorded vote as follows: Ayes: Mayor Frank A. Dusch, Robert B. Cromwell, Jr., George R. Ferrell, D. flurray Malbon, J oh n @l. tlccombs , J. Curt is Flayne , G. De,@,,ey SiiTimons , Jr. , Ear l M. Tebau l t, and Kenneth tN. Whitehurst. Nays: @lone Absent: Albert L. Bon.,iey, Sr., and Lawrence E. Marshall City Council approved the Plinutes of the meeting of April 13, 1970, and the reading of said llinutes dispensed with, inasmuch as aci Ccuncilr@ian had a cop,y of said Iiinutes before him. ITEM #2208 On motion by Mr. Ferrell, seconded by t4r. Payrie, and by recorded vote as follows: ikyes: Mayor Frank A. Dusch, Robert B. Cromwell, Jr., Georae R. Ferrell, D. Murray tialbon, John W. @IcCornbs, 3. Curtis Payne, G. De,,,Ie,y Simmons, ]r., Earl t@. Tebault, and Kenneth 4. Whitehurst. Nays: @ione Absent: Albert L. Bonney, Sr., and Lawrence E. flarshall City Council approved on second readin2_the appropriation of $5,030.00 for the City's sliare of the cotts for the VEPCO rate fight. ITEM #2209 On mol@ion by Mr. Malbon, seconded by tir. Croniwell, and by recorded vote as follo@qs: kyes: Mayor Frank A. Dusch, Robert B. Crom@@iell, Jr., George R. Ferrell, D. t4urrav t-lal bon, J oh n W. @IcCombs , J . Curtis @layne , '@. De1/2,@ey Simmons @ lr. , Ear l M. Te b ault and Kenneth @l. Whitehurst. @@ays: 'lone Ab@ent: Albert I-. Bonney, Sr., and Lawrence E. Marshall City Council approved on second rcacliinq the ir)propriaticn of $5701.00 to UDAC (United [)rug Abuse Coi@mission) fo@- the4lt, 19-/0 operat-ng hLl(iq,.,t. IIEM #2210 On iiiotion by Mr. i',lcConibs, seconded by t@r. Mal,@o)i, and by recorded vote as follows: /kYes :Mayor Frank A. @Lisch, Vot)ert R. Croii@i(-,Il, Jr., C@corge R. Ferrell, D. t@lurray flal',)On, Jolin W. McCoinbs, ). curtis Payne, G. D(-,w,,v @iniinons, @r., Earl tl. Tebault, and Kennetli l@. White@iurst. NaYs: None Absent: Albert L. Porir)(,y, ';r., and awrence I . 'lar@h@ill CitY Couticil referred tile "Ollc)@,iinci 1[)I)Iicatio,i ,c @,ianiiin@j (,o!iii@ilssion ic t)roLight back to Cou@Icil of! 5, i)/O. Application of Beachfront Associates by Sacks, Sacks and Tavss for a change of zonina from flotel-Hotel Distribt (M-ti) to Planned Unite[ievelooment District (PUD) and a variance of PUD restrictions from 50 acres to 22,500 square feet and a Use Permit to construct a 73-unit apartment comolex @4ith recreational facilities on certain property located oh the tlortheast corner of Atlantic Avenue and 37th Street, running a distance of 150 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the North side of 37th Street, running a distance of 150 feet along the Eastern property line and runnin6 a distance of 150 feet along the Northern property line. VIRGINIA BEACH BOROUGH. The Planning Commission recommends approval of this request as amended to an 85-unit apartment complex, subject to the requirements of the Site Plan Ordinance. ITEM #2211 Mr. Joe Canada, Attorney, appeared in regard to the following application. On motion by Mr. McCombs, seconded by Mr. Simmons, and by recorded vote as follows: Ayes: Mayor Frank A. Dusch, Robert B. Cromwell, Jr., George R. Ferrell, D. Murray Malbon, John 14. McCombs, J. Curtis Payne, G. Dewey Simmons, Jr., Earl M. Tebault, and Kenneth N. Whitehurst. Nays: None Absent: Albert L. Bonney, Sr., and Lawrence E. @larshall (Z/ City Council approved the following application for a use permit subject to It retaining wall being built along the Western property line and further subject to the require- ments of the Site Plan Ordinanc--. ITEM #2212 Barrow, Acting Planniric Director, stated a letter had been received from the He@lth Department in regard to'the followina api)lication stating that the requirements in reference to City sewer could be @qaived. On niolion by Mr. Payne, seconded by Mr. Simmons, and by recorded vote as follows: Ayes: Mayor Frank A. Dusch, Robert B. Crom@@iell, J,., Georqe R. Ferrell, D. Murray Malbon, John W. McCombs, J. Curtis Pa'vne, G. Dewey Sinmons, Jr., Earl M. Tebault, and Kenneth N. 14hitehurst. Nays: None Absent: Albert L. Bonney, Sr., and Lawrence E. Marshall City Council approved amendinq the se,,qer reouirements for the following application providing no additional struciure is niade on' th@ @uilding. Application of First Churc@i of Christ, Scientist, for a Use Permit to opeeate a church on certain proper@y located on the @oijth@.ie@'. (-.orilpr of La,:k@in Road and ray Drive and running a distance of 46 f(,et alonq tlie @outh side of Laskin Road, running a distance of 130 feet along the @lest side o@ Ga,/ Drive, running a distance of 213 feet along the Southern property line, running a d'stance of 270 feet along tle .Western property line. Said lot is desionated ,s [-ot 7, Plat of Fremac Shores. (Fremac Shores Area). LY@@@il]AVEN BOROUG11. ITEM #2213 On motion by '4r. Cromwell , seconded by Mr. Whitfliurst, and by recorded vote as follo@qs: Ayes: 14ayor Frank A. Dusch, Robert B. Cromwell , D. Murray @Ialbon, John W. McCol@bs, J. Curtis Payne, G. De@qev Siiiimons, Jr., Earl M. Tel)ault, and Kenneth N. Whitehurst. Nays: George R. Ferrell Absent: Albert L. Botin(,,i, Sr., and Lawrence E. @larshall City Council approved on second reading the Ordinitice aor)roving the budget. AN ORDINANCE @,IAKING APP@OPRIATI(@@,IS FOR THE FISCAL YEA[@ BEGIN,@,11@IG IULY 1, 1970, and ENDING JUNF 30, 1971, l@@ TtlE SLJtlr,-O: SIXTY- SEVEN 14I[-LION, TIIIRTY-0@@E TIIOUS,'@ll), TI,10 tiUND@ED AND NIIIETI-EN DOLLARS ($67,0@)1,219.)O) @@10 REGULATI[IG TIIE PAYIIENT OF tlO.IEY Our OF TIIE CITY'TRE/\S!JRY. WHEREAS, the City @lanager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1970, and ending June 30, 1971 , whi ch has been aniended by the Counci 1 , and i t i s necessary to appropri ate suf - ficient funds to cover said budget, as arnended. NOW, THEREFORE, BE IT ORDAINED BYTMOECOUUUCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I Section 1. Tliat the amount,, herein named agqregating SIXTY-SEVEN MILLION, THIRTY-ONE THOUSAND, TWO HUNDRED AND NINETEEN DOLLARS (S67,031,219.00) or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1970-1971@ bmitted b,y the City Manager on the date of [larch 30, 1970, are hereby appropria V, subject to the conditions hereafter set forth in this Ordinance, from the revenue of the City, as hereinafter set forth, for the year 1970-1971, for the use of the several departments and specially designated funds of the City Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, as amended,,for the fiscal year beginning July 1, 1970, and ending June 30, 1971, ITEM #2214 On motion by Mr. Cromwell, seconded by Mr. 1,4hitehurst, and by recorded vote as follows: Ayes: Mayor Frank A. Dusch, Robert B. Cromwell, Jr., D. Murray Malbon, John W. McCombs, J. Curtis Payne, G. Dewey Simmons, Jr., Eatl 11. Tebault, and Kenneth N. Whitbhurst. Nays: George R. Ferrell Absent: Albert L. Bonney, Sr., and Lawrence E. Marshall City Council approvdd on second reading the Ordinance establishing the tax levy on real estate and tan@ible personal property and other property for the 1970 tax year. ITEM #2215 Mr. Page Sullivan appeared before Council stating opposition to the Ordinance relative to the Cigarette Tax. On motion by Mr. Cromwell, seconded by Mr. Whitehurst, and by recorded vote as follows: Ayes: Mayor Frank A. Dusch, Robert B. Cromwell, Jr., D. liurray Malbon, John W. McCombs, J. Curtis Payne, G. De@qey Simmons, Jr., Earl @,l. Tebault, and Kenneth N. Whithhurst. Nays: George R. Ferrell, Ilbsent: Albett L. Borne,@, Sr., and Lawrence E. Marshall City Council approved the following Ordinance. ORD. #286 AN ORDINANCE TO A@lc,ND SECTION 33024 OF THE VIRGINIA BEACH CITY CODE TO PROVIDE FOR INCREASE IN THF CIGARETTE ,rAX. BE IT ORDAINED BY THE COUNCIL OF Tf]E CITY OF VIRGI,'IIA BLACH, VIRGINIA: That Section 33-24, of the Virginia Beach Cit-.y Co(le, is hereby amended to i)rovide that the tax from the sale of cigarettes siiall be five cents for each ten cigarettes, or fractional number of ten cigarettes. BE IT FURT[IFR ORDAINED, thatthbe increased taxes oti cigarettes shall apply to those sold at retail on and after July 1, 1970. ITEM #2216 On moti an bv tir. Ferrel 1 , seconded by Mr. Crom@i(31 I , and by recorded vote as fol I ovis L,-it@, L;Oui)cil approved t@ie following Ordinance, autliorizing the partial release of an easenient, Lot 9, property of @lestbrook Corporation. AN ORDINANCE TO AUTHOPIZE THE PF\RTIAL RELEASE OF AN EASEt4E@IT FOR UTILITIRS AND DRAINAGE AFFECTI[IG LOT 9, AME@IDED PLAT OF THE SUBDIVISIO@@ OF PROPERTY OF WESTBROOK CORPORATION. BE IT ORDAINED BY THE COUNCIL OF T[IE CITY OF VIRGINIA BEAC@L, VIRGINIA: It having been determined that the Tnterests of the City of Virginia Beach will not be adversely affected, thereby, the City Manager is hereby authorized to execu@on behalf of the City a deed releasing to Ralph J. Cerino and Ann D. Cerino, the eastern most two feet of an easement for utilities and drainage affecting lot 9, as shown on the Amended Plat of the Subdivision of Property of Westbrook Corporation. ITEM #2217 On motion by Mr. Simmons, seconded by Mr. Payne, and by recorded vote as follows: Ctty Council approved the following Ordinance aDpOinting viewers: ORDINANCE APPOINTING VIEWERS IN CONNECTION WITH THE APPLICATION FOR THE CLOSING AND DISCONTINUING OF CERTAI@4 PROPOSED STREETS AND AVENUES WHEREAS, SAM SANDLER AND HARRY SANDLER have given due and proper notice, in accordance with the Statutes for such cases mdde and provided, that they @4ould on this day apply to the Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below described Droperty and report in writing to the Council whether, in the opinion of said vie,@qers, any and if any, what inconvenience would result from the discontinuinq of the said streets and avenues and has filed such application with the said Council; now therefore, BE IT ORDAINED by the Council of the City of Virainia Beach, Virginia, that Mr. Char,les Kiley, Mr. David @@ornian, and tlr. llortli Petty be, and they hereby are, appointed to view the belo@,i described pror)erty and report in writing to the Council on or before May 11, 1970, whether in their on@6ion, any if any, what inconvenience would result from the discontinuing, closin,,i, and vacating of certain proposed streets and avenues situated in the Lynnhaven Borouqh oft"he City of Virginia Beach, Virginia, being described as follows, to-viit: Tbht portion of Cape Henry Drive (fornierl,y Flolly Avenue), lying on the North side of the N.S.R.R. Electric Division right-of-way, located between the prolongation of t!ie '@,4,estern riglit-of-@lay of Jett Street and the prolongation of tlie dividing line between Lots Ten (10) and Eleven (11), Block Five (5), Plat of "Lynnhaven Shores", said Plat recorded inthbeCClerk's Office of the Circuit Court of Virginia Beach, Virginia in Map Book 7 at 'Dage 1(7. And each of said viewers shall be paid the sull of each for -such services, which total suni shall be paicl hy the applicant herein on or before 1970. ITEM #2218 On motion by Mr. Payne, seconded by Mr.M@Ialbon, and by recorded vote as follok4s: City Council approved the following Ordinance:: AN ORDINANCE CLOSING, V,@CATING AND DISCONTINUING A PORTIO@@ OF ['.OLLA,'\'D ROAD, PRINCESS ANNE BOROUGH, CITY OF VIRGINIA BEACH, WliEREAS, proper notice tliattthe City of Virqinia Beach, Virginia, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter portion of liolland Road closed, vacated and discontinued as a public street of the Cit-v of Virginia Beacli @.@ias (luly !)()sted; and WHEREAS, tlie land Proprietors affecte(i tl)(-'r(,by @iav(-' been duly notified; and WHEREAS, said ap[)lication ,qas made to tlie City Planiiitig Coriimissioii and to the City Council and pursuant to the Statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to pr6vate individuals would re$ult from such closing, vacation add dis- continuance; and WHEREAS, the City Planning Commission after oroper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgement of the Council that siid portion of tiolland Road should be closed, vacated and discontinued; now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the certain portion of said street described as follows in the Princess Anne Borough of the City of Virqinia Beach, Virginia, is hereb,y closed, vacated and discontinued as a public street of the City of Virginia Beach, Virginia, siid certain portion of said street not being needed for public use and travel: ALL THAT CERTAIN portion of Holland Road designated "TO BE CLOSED" as will appear on two separate plats which are to be read together for purposes of identification. They are entitled: (A) "PLAT OF PROPERTY TO BE BEDICATFD FO@ HOLLAND ROAD PROJECT NO. 710-66-004 VIRGINIA BEACH, VA., FROIL W. R. TAYLOR and R. J. ALFRIEND, III et al, Trs. SCALE: 1" = 100' DATE 6/6/69 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CITY )F VIRGI@IT.A BEACH, VIRIGNIA." (B) "PLAT OF PROPERTY TO BE CONVEYED TO 'A. @. TAYLOR FRO',L CITY OF VIRGINIA BEACH, VIRGIIIIA SCALE: 1" = 100' DATE: 11/17/69 DEPARTMENT OF BUBLIC @IORKS ENGINEERING DIVISIO[I CITY OF VIRGINIA BEACH, VIRGINIA", and described as follows: To find the point of beginning, start at a pin at the intersection of the Eastern property line of Parcel A-2 (Pro,.)ert,y now or formerly b@44)hl@@ belonging to W. R. Taylor, as shown on aforeiientioned olat (A-1), and the Northern right of way line of the Dro')osed relocation of Holland Road (as shown on aforernentioned Plat (A), wiich oin is a Northwesterly distance of 6,422 Ileet -F from the interse-ction of the Northern right of way line of the existing tiolland 'load and tlie Western riqht of way line of Princess Anne Road; thence S 080 52' 27" @,J a distance of (78.15') feet to the POI:l@'T OF BERIN@IING in the northern riglit of way line of that portion of the presently P-xistiig Holland Road to be closed and th-.nce frotii said POINT OF BECI'@NIlr, S R90 20' 45" t4 (884.75') feet to a point; thence along a curve liavina a radius of (200) feet and an arc distance of (151.22) feet, aiid bi-@@a ing to the right to a point; thence N 470 19' 55" W (319.93) feet to a pin; thence N 460 21' 41" W (402.41) feet to a Doint, (as slio@,in on the aforerientioned Plat (B), to be read in conjunctioii@with Plat (A); the,ice along a curve having a radius of (1,477.39) feet and an arc distanc@ 0of (238.96) feet and breaking to the rig!i@G to a noint; t@ience @ 33 24' 28" !,l (17.55) feet to a point; thence S 290 36' 41" E (65.69) feet to a point in the Southern right of viay line of t@)8t certain portion of @iolland,Road marked "TO BE CLOSED?; thence S 46 21@ 41'@ E (57@D.8@) f(,.et to a point; t[ience S 470 19' 55" E .(319.93) feet to a point; tlii?nce along a curve having a radious of $230) feet and an arc distance of (173.91) feet and breaking to the left 0 to a poirit; thence N 890 20' 15" E (379.71) feet to a point; thence @l 08 52' 27' E a distaiice of (30.10) feet to tlie POINT OF BEGINNIN(j SECTION 2. That 30 days aftei@ this dat'e a copy o' this Ordinance, certified by the Clerk, be spread upon the l@u$lic recor(Is i@i the (@lerk's Office of the Circuit Court of this City and iti(lex(,.d in like nianner as @ cleed to lands. Adopted by the Council of the City of Virc,iinia BeEicii, Virginia, on the 27th day of April, 1970. ITEM #2219 On niotion by Mr. Ferrell, seconded by Mr. Malbon, and by recorded vote as follows: City Council approved the following Ordinance appointing viewers: ORDINA[ICE APPOINTING VIEWERS WHEREAS, City of Virginia Beach, Virginia, a municipal corporation, lias given due and proper notice, in accordance with the statutes for such eases made and provided, that it will, on this aay, apply to the City Council of the City of Virginia' Beach, Virginia, for the appointment of Viewers to view the below described propetty and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what, inconvenience would result from tlie discontinuing of the hereinafter described Portion of Woodstock Road, in Kempsville Borough, of the City of Virginia Beach, Virginia, and has filed such application with the said Council: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Mr. Charles Kiley, Mr. David Norman, and Mr. Worth Petty are hereby appointed to viww the below described property and re.Dort in writing to the Council on or before May 11, 1970, whet[ler in their opi.ni.on any, and if any, what, incon- venience would result from the discontinuing, closing atid vacating of that certain portion of Woodstock Road, located in the Kerinsville Borough, City of Virginia Beach, Virginia, and described as follows: All that certain portion of Woodstock Road as aooears on that certain plat which is to be referred to for r)urnoses of identification and entitled "Plat of Property Kemt)Vville Borough City of Virginia Beach, Virginia sho@,iing Portion Of Street -@o 3e Closed Scale: 1" 50' Date 4/2/70 Bureau of Surveys City of Ilirginia Beach, Virginia" and described as follows: Parcel 1 Beginning at a point N 030 42' 00" E 10853.53' from the North right of way line of Walker Road and from said point of beginning a bearing of N 03@ 42' 00" E 20.00'; thence S 860 18' 60" E a distance of 20.00'; thence along a curve having a 2C)' i,adius to the point of beginning 0.008 acres. Parcel 2 Beginning at an iron pin N 030 42' 00" E a distance of 1103.53' from the North right of @,iay line of Walker Road and from said point of begi@ning S 860 18- 00" E a distance of 50.00' to an iron pin; thence N 03 42' 00" E a distance of 108.12' to ayi iron pin; thence N 860 18' 00" Wa distance of 21.90'; thence S 030 12' 00" W a distance of 37.00'; thence N 860 18' 00" W a distance of 18.10@; thence along a curve having a 10' radius to a point; theiice S 080 42' 00" W a distance of 61.17' no the Point of beginning. ITFM # 2220 nn mntion by Mr. Simmons, sec6nded by @Ir. Payne, and by recorded vote as follows: city Council approved the following Ordinance: ORD. # 287 AN ORDINANCE TO AMEND SECTIO,',l 6925 OF T@E CODE OF THE CITY OF VII'GltiiA BEACII, WITH RESPECT TO SPEED OF MOTOR BOATS. BE IT ORDAI@ED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I 1. That Section 6-25 of the Code of the Cit,i of Virginia Beach is hereby reordained and amended to read as follows: "It shall be unlawful for any person operating any motor boat to pass under any bridge or to operate any motor boat in any cover or confined tvaterway desig- nated on the plat attached hereto and made a part hereof, at such excessive speed as to cause swells injurious to other boats or vessels or to bulkheads and shor lines. No person sliall be convicted of violating this section until appropriate signs indicating the requirenient for reduced speeds have been posted so as to give notice thereof, and the City @lanager is hereby authorized to post such signs or buoys as may be required by this section, and the City Clerk is hereby directed to keeo a copy of such plat on file in his office available for public inspection during normal office hours.' ITEM #2221 On motion by Mr. McCombs, seconded by Mr. Whitehurst, and by recorded vote as follows: City Council deferred the street closure matter of Old Pacific Avenue, Rudee Inlet area, until the last meeting in June. Mr. Stewart Hayes appeared in regard to the reoort of viewers relative to closing a portion of Surf Avenue. The matter tqas deferred until May 11, 1970. An Ordinance to amend section 20-90 relative to outdoor musical or entertainment festivals was deferred until May 11, 1970. ITEM #2222 On motion by Ilir. M@Combs, seconded by Mr. Malbon, and by recorded voteaas follokqs: City Council approved thc following applications for tax refunds in the aniount of $212.09. Mr. Scott stated tliat Mr. Tini Barrow'i-s the Acting Planning Director until the first of June when flr. Charles Carrington viill begin as the new Director of Planning. ITEM #2223 On motion by Mr. Crornwell, seconded by Mr. @albon, and by recorded vote as follows: City Council approved tlie follo,,qing bids for cons"ruction of Sanitary Sewers and the Se@qage Pumping Station for the Diamond Si)r'ngs project. The low bidder on Contract 1, Sanitary Se@,jers, is Me.@4. E. @@filkins, Inc., at $469,754.00. The low bidder on Contract 2, Seviage Pumping Station, is '/ar d, Riet Construction Co., Inc. at $54,795.00. ITEM #2224 On motion by Mr. Ferrell, seconded by Mr. Simmons, and b,v recorded vote as follows: City Council approved tlie request of tlr. Bricl,(@ll to sign 'r)rol)er contractual documents to begin construction of tbe Voeatiotial rechnical Educational Center in Virginia Beach. ITEM #2225 On motion by Mr. Payoo, seconded by @Ir. Sipiiiion,, @ind b,y recorded vote as6ollows: City Council made the follo@,iiiig appointnients to tlie United Drug Abuse Comillission: [Jr. Jolin A. Mapp, Reveren(I lo!in Jordan, Mrs. P@iilip Russo, Mr. Bernard Barro@i, Col. W. W. Dav-is, Dr. [@,a(lqp 11(iy, iii(I Mr,. Fr,,in,-is (;ilb@,rt. ORDINANCE AN ORDINANCE TO AII-P,@@'D SECTION 6-25 OF THE CODE OF TIIE CITY OF VIP.GINIA BEACH WITII RESPECT TO SPEED OF MOTOR BOATS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Section 6-25 of the Code of the City of Virginia Beach is hereby reordained and amended to read as follows: "It shall be unlawful for any person operatin@ any motor boat to pass under any bridge or to operate any motor boat in any cove or confined waterway desi,-nated on the plat attached hereto and made a part hereof, at such excessive speed as @o cause swells injurious to other bo@-ts or vessels or to bulk- heads and shore lines. No person shall be convicted of vio- lating this section until appropriate signs indicating, the re- quirement for reduced speeds have, I)een posted so as to give not3@-ce thereof, and the City Manager is hereby authorized to post such signs or buoys as may be required by this section, and the City Clerk is hereby directed to keep a copy of such plat on file in his office available for pliblic inspection during normal office hours." IVe Iv.We -Ct, LO"ATION OF -@IGN BODY oF 1. TO 3AY HP.9BOR CLUB ::AY 2. -@OUTIF EN"I'@IANCL@ To "AVAT,'-Efl, YACI'@.'@, @-'Ius LTNWhORj'4 BkY 3. -7:iTPAl@CE ,-,O C@@VALIM'l YAC!ir" CLUB LINKHORIJ 6AY TO Cp@vAr-Tsp YA"ll- @LU3 LTNKHORN Y@AY NO@ITI ZiTrA@,T'@'E TO @A'@FAIT.@, YA,,-','@' --iUB rITNKIIC)Hl; L@y 3"A@l",i 3A,' -INA LlriKHOi@@.' 7-' AY 7. E7,!T-AIT-,E TO LA--"@IN T, ff4KHO@i@i :311Y a . w T-, N -. R AN C L@ ',- 0 R A --@TEY@' G@TT RA1'N'@l-fS @U'-.' 9. -A-OT TO RAI@l'-@Y@7 OUT RAINEY,,, 10. E,@-IT Ei'IT-tA@T I -1 E T A:@, -1 l-,@ 7, 1,TNKH(@.riii f3A'@.' 11. P, TR L TNKHoliZ; BAY 12. 'iiEST 2!IT,iA!l O, ;S BRK)AT) B,,,! 13. ZNTRAIIC;E TO I A @, 3 1 1 C) W BROAD BAY @D@ 14. L,,-iiTHANCE '.0 ALu4TC)II BR()AD -i3Ai@ EAS" EN'rR,'OI-E TO 3EACH CANAL BROAD BAY 16. EA3T E@iTi,@IC-r 1,41 C) 13EP,-Ili ;,INAL BROA@) i3AY 17. TUI"TION "'F BEA"H CA;AL AND LO@,,@ Loli('T C; ii , T ,41 @T 13. MIDIIAY O@,' --2A,17] CA@TA- k, D LYN. iA LI-P LC)Ni-' 19. @,'!!)',,IAY OF G @R P, 'i YN -ET LONG CRE'7@ 0. EA3T ENT!iA!Il@'l,@ TC, T-)@',,@IDGE CAAL L NHAVEli INT- 'l. EA'@-T ENT@RANCE TO N Evi -)!@illyE -A@ A' 11,T:,E@- LONG C R 22. T @ITTRANCE IT'o !Zi DE@'@--G:3 CANAL LYMiHAV@,i TN@ZT L)ENNHAVI,,,4 -,,'4LE" T 23. IIE3T E'@'TRANI-E @l-" 0 Nllvl DREI)G-- CANA@, Li@1111 AV,@; INLET LYNi4HAV@N RP R 7@' -4 , , 1, --- WES'D ZNTTRANCE 0 LO'-- - a LESIIE 3-IDG LY-NNfiA@'Lli I '5. I;r"@')T E@i RRAIT CE '1'0 T-ONG 1-13E!X LES.'iE! Bli-DGC LY-iRiliAi@'i IN@L 16. CEi'le-Ti OF O'-D L C,, N 3 1 LON(T 0,7 OLD L:)!I-l LON-@' T 7 28. 1-0',G CPLE 'i-, CA'!A'- AY @':3.LATID LON(', 0 P i@! 29. '-Cll 3Y l@AY I"LAITD LOfq(@ C t@ T@, @-,K 3@, - i-A-17 IT 'I'll @ii 'AN 0 - @D @EZ@ I A" BF(OA@.) 31. '--AST R A'@i C E T c@ @'I'l 2 @14NAL BriOAD oAY tA A V@l -10 VIN ODIA iii@ON @kA'- AN ORDINANCE TO AMEND SECTION 33-24 OF THE 'VIRGINIA BEACH CITY CODE TO PROVIDE FOR INCREASE IN THE CIGARETTE TAx. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-24, of the Virginia Beach City Code, is hereby amended to provide that the tax from the sale of cigarettes shall be five cents for each ten cigarettes, or fractional number of ten cigarettes. BE IT FURTHER ORDAINED, that the increased taxes on cigarettes shall apply to those sold at retail on and after July 1, 1970. Absent:@ Albert L. Bonney, Sr., and Lawrence E. tlarshall City Council approved the follolwing applications for tax refunds in the amount of $212.09. 0: @@:r. I:Z!rry zttorii.@-Y D,it @-April -16,-.-1970 lir. V. t.. ?,J CT Apil fc,, Y,,:: fcr rcfllricl C)f t,-,>:cs Itct,@3 111-2.09 cl (:crtjfif@ci @.or pay.,.@eiit, tis -;ct fc)rLI@ LClo', '!'rc:asurer -- -------- - h',,me 1- c@ l@e L B;i e Tot-z:l ,'Louis B. 1961 RE 15520 4529 6-10-6 13.53 12.30 1st Hal- e, Louis B. 196 .1 RE 15521 4530 6-10-69 12.30 11.07 1st HalF ne, Louis B. 196) RE 15522 4531 6-1-0-69 1'L.30 1.1.07 -st lialf ne, L6uis B. 1969 RE 15523 4532 6-10-69 19.07 17.83 ,st llll4 1 Louis B. 1969 RE 1 155241 4527 6-10-69 9.84 9.22 kst Balf ne, Louis B. 1969 RE 1551.1 4528 6-10-(i9 9.84 9.22 Lst P,,il rle, Lotiis B. 1969 RE 1552", 4973 6-10-69 925.37 139.60 1st 1111- vage, Estelle G. 196 RE 51@"!@l 4-13-70 35.67 1.78 1.78 ol ITEM #2226 On motion by Mr. Whitehurst, seconded by Mr. t4albon, and by recorded vote a@ follows: City Council approved the appropriation of $3800.00 for an increase in the contract cost of Rosemont Road. ITEM #2227 On motion by Mr. Malbon, seconded by Mr. Ferrell, and by recorded vote as follows: I City Council reappointed Mr. Gerald 0. Verdon and Mr. Donoval Sanderlin to the tl&nimum Housing Board of Aopeals to serve for a terlfl of two years beginning April 28, 1970 and ending April 28, 1972. ITEM #2228 On motion by Mr. Tebault, seconded by Mr. Malbon, and by recorded vote as follows: City Council approved the appropriation of $78,540.00 to the Tidewater Association for Retarded Children, Inc. as the City's share of site acquisition cost for the Tidewater Association for [Zetarddd Children, IMXXXXX Incs center. ITEM-@2229 On motion by Mr. McCombs, seconded by tlr. Sininiotis, and by recorded vote as follows: City Council authorized Public Utilites to prepare Dlans and bid documents for the sewer problems at the Laskin Road Shoppinq Center. Mr. Payne stated tiiat in regard to the matter of 1)osting signs on property being zoned that there is a Resolution relative to this and that no zoning matter will be heard by City Council unless the sign requirements are met. The Planning Commission will note this on all applications. On motion by Mr. McCombs, seconded by Mr. Whitehurst, the meeting adjourned.