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Home My WebLink AboutFEBRUARY 2, 1987 MINUTES "WORLD'S LARGEST RESORT CITY" C@ @UNCII -YOR ROSERI IONU. @ICE MAYOR @EM E@ OBEM@W, @UT W. B-0. L,.@ B-h ]o., @@ -U., -- -,, RO-E-' E. F@@ ',i.. &-@ @,h H.R.@ HEIXHOBE& M@@NM, JO.N D. MO@. K--. --l -Y K PA@EK A, 1.@l L PE@Y, ,.@ H. MUEH@NBECK, C@,, 281 CFIY HALL BUILDJNG D@ BIM@N, C,,, @,@ MMICIPAL @ R@H HO@@ Sa@, C.@. C,@ C@k VIRGDVIA @CH. VIRGRNIA 2"56 9m 180414274303 VIRGINIA BEACH CITY COUNCIL AGENDA FEBRUARY 2, 1987 ITEM I. SPECIAL EXECUTIVE SESSION: - Conference Rocin 9:00 Am A. READING OF MAYOR-S CALL To ORDER B. ROLL CALL OF COUNCIL C- MOTION TO RECESS INM EXECUTIVE SESSION ITF-M II. CC)UNCIL CC)NFERENCE SESSION - Conference Roan 1:00 pm A. CITY COUNCIL CONCERNS 1. Council Goals and Strategies ITEM III. INF'ORMAL SESSION - Conference Rocrn 1:30 PM A. TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CITY MANAGER BRIEFING 1. Aclninistrative Approval of Certain Encroach,,,t, Mr. C. Oral Lambert, Jr., Director, Public work, 2. R(-,dwing Drainage Basin Mr. Donald Trueblood, City Engineer ITEM IV. FIORMAL SESSION - Council Chambers - 2:00 PM A. INVOCATION: Peverend Andrew W. Ballentinp,, Jr. Pastor, Ehznuel Lutheran Church B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY ODUNCIL D. ADDlyrION OF ITEMS FOR @ FO@ AGENDA E. MINUTES 1. SPECIAL EXECUTIVE SESSION - January 16, 1987 2. SPECIAL EXECUTIVE SESSION - January 19, 1987 3. INFORMAL & F'ORMAL SESSIONS - Janua@y 20, 1987 a. Correct Item #26774 4. FORMAL SESSION - January 26, 1987 F. CEREMONIAL PRESENTATIONS - (DEFERRED 1-26-87) 1. P TIONS a. Ccnnunity College @ek - January 25-31, 1987 b. Black Heritage Celebration Day - February 7, 1987 2. PRESENTATION a. Public Technology, Inc. Technoloqy Achieve@nt Award Cornputerization of Parcel-Base Maps and Land Records G. PUBLIC HEARING 1. PLANNING a. Ordinance for the discontinuance, closure and abando@nt of a portion of old Norfolk/Virginia Beach POad in the petition of Maureen Mottolese (Lynnhaven Borough). City Council GRANTED EXTENSION of time on October 20, 1986 DEFERRED by City Council January 20 and 26, 1987 Reccmnendation: FINAL APPROVAL b. Ordinance for the discontinuance, closure and abandornent of a portion of Maynard Avenue in the petition of Mitchell E. Dunbar (Kempsville Borough). Recoamndation: APPROVAL c. -Application of False Cape Enterprises, Inc., a Virginia Corporation on the north side of Ferrell Parkway (Proposed) at its intersection with Carnino Real South, in Section 7, Lagcmr, containing 461 acres (Princess Anne Borough). Chariqe of Zoning District Classification frcm R-4 Residential District to R-5 Residential District ANID, Conditional Use Permit for open space prcniotion Recomendation: WITHD@ d. Applicati.on of George Loizou for a Conditional Use Permit for used auto sales and service at 306 Dorset Avenue, Euclid Place, containing 33,367 square feet (Bayside Borouqh). DEFEP,RED by City Council January 26, 1987 Recomendation: APPROVAL e. Application of Soleinen M. Sadie and Mousa Mahgerefteh for a Conditional use Permit for used auto dealership at 4839 Virginia Beach Boulevard, Euclid Placp, containing 22,216 square feet (Bayside Borough). DEFERRED by City Council Janua@y 26, 1987 Reccrrmendation: APPROVAL f. Ap ,plication of Kenneth C. Fenscin t/a ocean Auto Sales II for a Conditional Us(-, Pemit for used automobile sales on the north side of Virginia Beach Boulevard, 1107 feet west of First Colonial Poad at 1766 Virginia Beach Boulevard, Oceana, containin 30,056 square feet Lynnhaven rough). _q Bo DEFERRED by City Council January 26, 1987 Rec@ndation: APPROVAL g. Ap .plication of Annie W. Brock, Henrietta B. Siegel, Anne Brock Walker, William B. Brock, Paul J. Siegel, Jr., Carol S. Gregg and Nancy J. Siegel for a Change of Zoning District Classification frcin R-1 Residential District to R-3 Residential District (Lynnhaven Borough). AND, Application of Wimbledon-on-the-Bay Associates for a conditional Use Permit for open Space Promtion DEFERRED by City Council January 26, 1987 Pecomendation: APPRC)VAL h. Ap ,plication of Jwms A. and Mary A. RaTnel on the north side of Firefall Drive (forme-rly Old T.),am @lock Poad), 760 feet more or 1,--ss east of Chaka Lane at 6-.4 Firefall Drive (Princess Antie Borough). Chan Zonin District Classification frcrn AG-1 Agricultural District to R-8 Residential District, containing 1.32 acres. Ak4D, Change of Zoning District Classification frcrn AG-2 Agricultural District to R-8 Rpsidential District, containing 6.08 acres Recomnendation: DENIAL 11. RESOLUTIONS 1. Resolution requestinq the Virginia General Assenbly appropriate $2- Million for Public Beach Nourishmnt in the City of Virginia Beach, Virginia. a. Public Beaches - (DEFERRED 1-26-87) b. Sandbridge I. ORDINANCES 1. ordinance to amend and reordain the Code of the City of Virginia Beach, Virginia, by adding Section 33-113.1 and zmnding Section 33- 11-4 pertaining to encroa@nt applications (DEFERRED 1-26-87). 2. ordinance to amnd an Ordinance to appropriate funds in the amunt of $1,500,000 to th(,- Virginia Beach Arts Center, Inc., to be used toward the cost of construction of a new Arts Center Building. J. CONSENT AGENDA All mtters listed under the Consent Agenda are considered in the ordinary course of busin(-ss by City Council and will be enacted by one motion in the forrn listed. If an item is removed from the Consent Aqenda, it will be discussed and voted upon separately. 1. ordinance confirming the declaration of a local emrgency by the City of Virginia @-ach, Virginia, (January 26, 1987). 2. REFERRAL to the Planninq Comission: a. Ordinance to amnd and reordain Secti-on 111 of the Ccnprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, by REPEALING the Definition of a Day Care Center and creating definitions for a Fmily Day Care Hcm and Child Care Center. b. Ordinance to atnend and reordain Section 229 (a) of the Ccrnprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to the maximm floor area to be used by hcm occupations - (DEFERRED 1-26-87). 3. Ordinance to amnd and reordain Article III, Section 21-73 of the Code of the City of Virginia Beach pertaining to exemptions. 4. Ordinance to amend and reordain, in its entirety, Chapter 34 of the Code of the City of Virginia Beach, Virginia, pertaining to swirnming pools. 5 . ordinance to transfer funds frorn Project 3-958, (Correctional Center Study-Preliminary Place), to Project 3-964 in the aniount of $97,900, for renovation of Virginia Beach Circuit Court - (DEFERRED 1-26-87). 6. ordinance upon FIRST READING to appropriate funds in the amount of $2,900 fran the Division of Litter Control for the Clean Ccmunity Progr&n and increase revenue frorn the Ccmonwealth by a like amunt - (DEFERRED 1-26-87). 7. Ordinance upon FIRST READING to appropriate $70,000 for the lease/purchase of a motor grader for the Public Works Department. 8. ordinance appointing viewers in the petition of Curtis E. and Nancy C. White for the closure of a portion of Marshview Drive - (DEFERRED 1-26-87). 9. ordinance invitinq bid proposals for the lease and subsequent development and operation of certain City@ed real property as an executive-type golf course - (DEFERRED 1-26-87). 10. BINGO/RAFFLE PERMITS Boys Baseball of Lynnhaven, Inc. - Bingo (DEFERRED 1-26-87) Jams K. Cole f@mori.al Scholarship Fund - Bingo/Raffle 11. Request of the City Treasurer for tax refunds in the arnount of $13,973.75. K. APPOINTMENT CC)NSTITUTION CELEBPATION CC)MMISSION - (DEFERRED 1-26-87) L. UNFINISHED BUSINESS 1. REQUEST FOR WAIVER for on-site perimter curbing and right-of-way improvermnts, Mid-Atlantic Marine, on property owned by the ocean Park Volunteer Fire and Rescue Unit, Inc., a Virqinia Non-Profit Corporation. DEFERRED by City Council November 17, 1986 and January 20, 1987 M. NEW BUSINESS 1. Interin Financial Statements - July 1, 1986 through December 31, 1986 N. ADJOURNMENT VIRGINIA BEACH CITY COUNCIL AIL SESSIONS MONDAY, FEBRUARY 16, 1987 CANCELLED GEORGE %MSHINGTON/ABRAHAM LINCOLN HOLIDAY 9 Item III-E.1 MINUTES ITEM 26840 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of February 2, 1987 AS AMENDED: ITEM # 26814, Page 28, Paragraph 9 was incorrectly amended: Same should state: "BE IT FURTHER RESOLVED THAT the Council of the City of Virginia Beach will not utilize those State funds unless the Stft45e provides a dollar-per- dollar match for funds appropriated by the Commonwealth up to $2-Million for Sandbridge beach nourishment at such time as the beach is designated a 'public beach'." Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Harold Heischober Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 2, 1987 The SPECIAL EXECUTIVE SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, February 2, 1987, at 9:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Hobert G. Jones, Vice Mayor Meyera E. Oberndorf, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: John L. Perry (ENTERED: 9:33 A.M.) - 2 - Item I.A. ITEM # 26790 The 14AYORIS LETTER stating the purpose of the SPECIAL SESSION was read by Mayor Robert G. Jones: " In accordance with City Code Section 2-21, and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION f or Legal and Personnel Matters to be held at 9:00 AM, Monday, February 2, 1987, in the Conference Room, City Hall, Municipal Center, Virginia Beach, Virginia." s/Robert G. Jones Mayor - 2a @it@ C>f ROBERT G. JONES MUNICIPAL CENTER MAYOR VIRGINIA BEACH. VIRGINIA 23456-9002 (804) 427-4581 January 29, 1987 HONORABLE MEMBERS OF CITY COUNCIL: In accordance with City Code Section 2-21 and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION for Legal and Personnel Matters to be held at 9:00 AM, Monday, February 2, 1987, in the Conference Room, City Hall, Municipal Center, Virginia Beach, Virginia. Respectfully 0 e t . Jo, Mayor RGJ/bc cc: Thomas H. Muehlenbeck, City Manager J. Dale Bimson Ruth Hodges Smith, CMC, City Clerk Pam Lingle, Public Information Coordinator Virginia Beach City Council Received Notice Councilman Albert W. Balko Councilman John A. Baum Councilman Robert E. Fentress Councilman Harold Heischober Councilwoman Barbara M. Henley Councilwoman Reba S. McClanan Councilman John D. Moss Vice Mayor Meyera E. Oberndorf Councilwoman Nancy K. Parker Councilman John L. Perry - 3 - ITEM # 26791 Mayor Jones entertained a motion to permit City Council to conduct its MECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PFRSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL 14ATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Pobert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 4 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL February 2, 1987 2:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, February 2, 1987 at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Andrew W. Ballentine, Jr. Emanuel Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UMITED STATES OF AMERICA - 5 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV-D.1 ITEM # 26792 Vice Mayor Oberndorf requested APPOINTMENTS cocnerning the CONSTITUTIONAL CELEBRATION COMMISSION be moved forward on the AGENDA (See Ttem IV-K.1 of the FORMAL AGENDA). Members shall be APPOINTED before the PLANNTNG ITF14S. Item IV-D.2 ITEM # 26793 The City Clerk referenced an Ordinance upon application of James A. and Mary A. Hamel on the north side of Firefall Drive (formerly Old Dam Neck Road), 760 feet more or less east of Chaka Lane at 684 Firefall Drive (Princess Anne Borough) for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District, containing 1.32 acres; AND, Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District, containing 6.08 acres . (See Item IV-l.h of the PLANNING AGENDA). The Attorney for the aforementioned application has requested this item be moved forward on the AGENDA. This will enable a vote for possible referral back to the Planning Commission relative a modification. This item will be moved forward after Ordinance upon application of FALSE CAPE ENTERPRISES, INC. for a Change of Zoning District Classification and a Conditional Use Permit. Item IV-D-3 ITEM # 26794 Mayor Jones referenced an ADD-ON ITEM to NEW BUSINESSS relative the possible RESCHEDULING of the City Council Meeting of March 2, 1987. This Council Meeting coincides with a Meeting of the NATTONAL LEAGUE OF CITIES in Washington. Item IV-D.4 ITEM # 26795 Vice Mayor Oberndorf referenced discussion of the formation of a Committee to access the chronological order of events relative OCEAN LAKES. This item will be an ADD-ON under NEW BUSINESS. ITEM # 26796 BY CONSENSUS, with the exception of Councilwoman McCianan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. 6 Item IV-E.1 MINUTES ITEM 26797 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council APPROVED the MINUTES of the SPECIAL EXECUTIVE SESSION of January 16, 1987. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Item IV-E.2 MINUTES ITEM 26798 Upon motion by Councilman Moss, seconded by Councilman Perry, City Council APPROVED the MINUTES of the SPECIAL EXECUTIVE SESSION of January 19, 1987. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Eaum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Item IV-E-3 MINUTES ITEM 26799 Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SFSSIONS of January 20, 1987, as CORRECTED. Item IV-G.1, CONSENT AGENDA, ITEM # 26774, Page 31 Ordinance to amend and reordain Section 111 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, by REPEALING the Definition of a Day Care Center and creating definitions for a Family Day Care Home and Child Care Center. This item was "ADOPTED" by City Council: As same is an amendment to the Comprehensive Zoning Ordinance, action should have been to refer same to the Planning Commission. This item therefore has been returned to the AGENDA of February 2, 1987 for City Council's consideration. The SUMMARY OF COUNCIL ACTIONS of January 20, 1987, shall also be corrected relative this item. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 9 Item IV-E.4 MINUTES ITEM 26800 Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City Council APPROVED the MINUTES of the FORMAL SESSION of January 26, 1987. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: John A. Baum, Robert E. Fentress and Harold Heischober Council Members Absent: None Council Members Baum, Fentress and Heischober ABSTAINED as they were not in attendance at the City Council Meeting of January 26, 1987. - 10 - Item IV-F.l. PROCLAMATIONS ITF14 # 26801 The Mayor PROCLAIMED the week af January 25-31, 1987, as: COMMUNITY COLLEGE WEEK This PROCLAMATION recognized the contribution made by Tidewater Commmunity College as serving the region since 1968 and providing accessible, low cost, post secondary educational opportunities to citizens of the City of Virginia Beach. This PROCLAMATION was accepted by Dr. E. T. Buchanan, Dean of Student Services, Tidewater Community College - Virginia Beach Campus. Dr. Buchanan read a complimentary letter from a former student to City Council. Based on the student's academics at TIDEWATER COMMUNITY COLLEGE, said student graduated summa cum laude from a neighboring institution in 1982 with a B.A. in Philosphy and since has earned an M.A. in Religious History from the University of North Carolina. Now, this student will proceed to law school, grateful for the second chance TIDEWATER COMMUNITY allowed him to pursue. 1 Oa WHEREAS, the very concept of cormnunity colleges was conceived by Virginian, Thomas Jefferson, who sought to better educate the people and enable them to protect their newly gained rights by creating institutions of higher learning within a day's horseback ride; and WHEREAS, in 1966 the Virginia State Legislature created the Department of and State Board for the establishment and maintenance of a state-wide system of comprehensive community colleges; and WHEREAS, the 23 community colleges in the system make available -a wide range of programs and services to every citizen in Virginia at minimal cost; and WHEREAS, these institutions have provided hundreds of thousands of Virginians with the skills needed for good jobs, college transfer courses, counseling services and a variety of cultural services, serving more than 250,000 citizens each year; and WHEREAS, it is appropriate that the people of Virginia recognize the contributions of their community colleges, support these institutions, and promote public awareness of the services available to our citizens; and WHEREAS, Tidewater Community College has served the region since 1968, providing accessible, low cost, post secondary educational opportunities to citizens of the City of Virginia Beach. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginiii Beach, do hereby proclaim the week of January 25-31, 1987 as Community College Week in Virginia Beach and co=end TIDEWATER COMMUNITY COLLEGE for its outstanding service to the citizens of our cormunity. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-sixth day of January, nineteen hundred and eighty- Robert G. Jones Mayor Item IV-F.l.b. PROCLAMATIONS IT@l 26802 The Mayor PROCLAIMED Feburary 7, 1987 as: BLACK HERITAGE CELEBRATION DAY This PROCLA14ATION recognized the Black population who make up the largest percentage of ethnics in Virginia Beach. Blacks have contributed greatly to the enrichment of life in what was Princess Anne County and are valued citizens of Virginia Beach. This PROCLAMATION was ACCEPTED by Alice Green, Chiarman of the Citizens Advisory Committee, who expressed appreciation and invited all Members to attend the BLACK HERITAGE CELEBRATION DAY, Saturday, February 7, 1987. lla rortamati & on WHEREAS, Blacks make up the largest percentage of the ethnic population in Virginia Beach; and WHEREAS, Blacks have contributed greatly to the enrichment of life in what was Princess Anne County, and blacks are valued citizens of Virginia Beach; and WHEREAS, the Citizen Advisory Committee was created by the Citg, Council of Virginia Beach to restore and preserve Black culture, identity, and properties. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim February 7, 1987 as BLACK HERITAGE CELEBRATION DAY in Virginia Beach and urge all citizens to take proper note of this observance and its significance to the Black residents in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Vir4inia Beach, Virginia, to be affixed this twenty-sixth day of January, nineteen hundred and eighty-seven. - 1 2 - Item IV-F.l.c. PROCLAMATIONS ITF14 # 26803 The City Clerk advised of other PROCLAMATIONS issued by the Mayor for January 1987: JAYCEE WEEK - January 18-24, 1987 BILL AND JANIE WHITEHURST DAY - JANUARY 30, 1987 - 13 - Item IV-F.2.a. PRESENTATIONS ITEM # 26804 The Mayor presented the PUBLIC TECHNOLOGY, INC. - TECHNOLOGY ACHIEVEMENT AWARD for Computerization of Parcel-Base Maps and Land Records to: DAVID LITTLE PHIL BAKER Messrs Little and Baker expressed appreciation to their associates and their employers. - 14 - Item IV-G.l.a-9 PUBLIC HEARING PLANNING ITEM # 26805 Mayor Jones DECLARED a PUBLIC HFARING on: PLANNING a. MAUREEN MOTTOLESE STREET CLOSURE b. MITCHELL E. DUNBAR STREET CLOSURE c. FALSE CAPE ENTERPRISFS, INC., CHANGE OF ZONING & a Virginia Corporation CONDITIONAL USE PERMIT d. GEORGE LOIZOU CONDITIONAL USE PERMIT e. SOLEIMAN M. SADIE AND MOUSA MAHGEREFTEH CONDITIONAL USE PERMIT f. KENNETH C. FENSOM t/a CONDITIONAL USE PERMIT OCEAN AUTO SALES g. ANNIE W. BROCK, HENRIETTA B. SIEGEL, CHANGE OF ZONING ANNE BROCK WALKER, WILLIAM B. BROCK, PAUL J. SIEGEL, JR., CAROL S. GREGG AND NANCY J. SIEGEL WIMBLEDON-ON-THE-BAY ASSOCIATES CONDITIONAL USE PERMIT h. JAMES A. AND MARY A. HAMEL CHANGES OF ZONING 1 5 IteT.q IV-G. 1 . a - PUBLIC HEARING PLANNING ITF14 # 26806 Attorney R. J. Nutter represented the applicant and requested DEFERRAL Colonel Robert Engesser, registered to speak, however, his remarks were not applicable to the subject and he was not OPPOSED to the DEFERRAL of this petition. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DEFERRED for Compliance of Conditions three weeks until the City Council Meeting of February 23, 1987, an Ordinance upon application of MAUREEN MOTTOLESE for the discontinuance, closure and abandonment of a portion of Old Norfolk/Virginia Beach Road. Application of Maureen M. Mottolese for the discontinuance, closure and abandonment of a portion of Old Norfolk-Virginia Beach Road beginning on the west side of Little Neck Road and running in a westerly direction a distance of 236.87 feet. Said parcel varies in width from 41.93 feet to 30 feet and contains 10,410.84 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 16 - Item IV-G.l.b. PUBLIC HFARING PLANNING ITEM # 26807 Attorney Samuel M. Kroll, represented the applicant Upon motion by Councilman Moss, seconded by Councilman Balko, City Council DEFERRED 180 days FOR COMPLIANCE until the City Council Meeting of August 3, 1987, an Ordinance upon aplication of MITCHELL E. DUNBAR for the discontinuance, closure and abandonment of a portion of Maynard Street. Ordinance upon application of Mitchell E. Dunbar for the discontinuance, closure and abandonment of a portion of Maynard Street beginning at the intersection of Maynard Street and Cleveland Street and running in a southeasterly direction a distance of 180.01 feet along the northern property line and 210.29 feet along the southern property line. Said parcel contains 6,361 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by means of purchase rather than direct conveyance to the adjoining property ower, subject to determination by the City Attorney's Office. 2. Resubdivison of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to insure that all lots have access to a public street. 3. All necessary easements are to be retained by the City of Virginia Beach. 4. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. 1 7 Item IV-G.l.b. PUBLIC HEARING PLANNING ITF14 # 26807 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; None 17a - ORDINANCE NO. IN THE MATTER OF CLOSI@IG, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS MAYNARD AVENUE, LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF MAYNARD AVENUE TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK AT PAGE ;qHEREAS, it appearing by affidavit that proper notice has been given by Mitchell L. Dunbar and Linda S. Dunbar, that they would make application to the Council of the City of Virgin- ia Beach, Virginia, on November 5, 1984 to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed and vacated; Beginning at a point on the North right-of-way of Maynard Avenue at the dividing line between lots 10 and 11 "Plat of Euclid Place - Suburb of Norfolk, Virginia", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 4, at pages 62 and 63; thence running along the North line of Maynard Avenue North 75@ 24' 28" East a ,RK STAN@L, P.C. distance of 189.01 feet to a point; and thence running South 31@ 39' 54" East a distance of 17b 31.38 feet; and thence South on Maynard Avenue South 75@ 24' 28" West a distance of 210.29 feet; and thence North 71 191 7" East a dis- tance of 32.34 feet to the point of beginning. Said parcel of land being a portion of Maynard Avenue as indicated on that certain plat of property to be vacated along existing liaynard Avenue for tlitchell L. Dunbar and Linda S. Dun- bar, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book _, at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. gs.a on.mld.c @RK SrAN'I', P.C. 2 - 18 - Item TV-G.l.c PUBLIC HFARING PLANNING TTEM # 26808 Attorney Robert Cromwell represented the applicant and requested WITHDRAWAL Allen Rehlfing, Member of the Back Bay Restoration Foundation, registered in Opposition but was not in not in Opposition to the WITHDRAWAL Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of FALSE CAPE ENTERPRISES, INC., A VIRGINIA CORPORATION for a Change of Zoning District Classification and Conditional Use Permit: ORDINANCE UPON APPLICATION OF FALSE CAPE ENTERPRISES, A VIRGINIA CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 TO R-5 Ordinance upon application of False Cape Enterprises, Inc., a Virginia Corporation , for a Change of Zoning District Classification from R-4 Residential District to R-5 Residential District on certain property located on the north side of Ferrell Parkway (Proposed) at its intersection with Camino Real S., in Section 7, Lagomar. Said parcel contains 461 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGE. A N D, ORDINANCE UPON APPLICATION OF FALSE CAPE ENTERPRISES, A VIRGINTA CORPORATION FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Ordinance upon application of False Cape Enterprises, Inc., a Virginia Corporation for a Conditional Use Permit for open space promotion on certian property located on the north side of Ferrell Parkway (Proposed) at its intersection with Camino Real South, in Section 7, Lagomar. Said parcel contains 461 acres. Plats with more detailed information are available in the Department of Plannning. PRINCESS ANNE BOROUGH. - 19 - Item IV-G.l.c PUBLIC HEARING PLANNING TTEM # 26808 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 20 - Item IV-G.l.d. PUBLIC HEARING PLANNING ITEM # 268og George Loizou, the applicant, represented himself Upon motion by Councilman Perry, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of GEORGE LOIZOU for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GEORGE LOIZOU FOR A CONDITONAL USE PERMIT FOR USED AUTO SALES AND SERVICE R02871008 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA Ordinance upon application of George Loizou for a Conditional Use Permit for used auto sales and service on Lots 7 through 17, Block 30, Euclid Place. Said parcel is located at 306 Dorset Avenue and contains 33,367 square feet. BAYSIDE BOROUGH. The folllowing condition shall be required: 1. Approval is for a period of three (3) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second day of February, Nineteen Hundred and Eighty-seven. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: None - 21 - Item IV-G.l.e. PUBLIC HEARING PLANNING ITEM # 26810 Attorney Aaron D. Keno, represented the applicant and advised the applicant had eliminated one of the entrances onto Horace Avenue, and eliminated an additional portion of the building to aid in vehicle manuverability on the site. Upon motion by Councilman Perry, seconded by Counclman Balko, City Council ADOPTED an Ordinance upon application of SOLEIMAN M. SADIQ AND MOUSA 14AHGEREFTEH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SOLEIMAN M. SADIQ AND MOUSA MAHGEREFTEH FOR A CONDITIONAL USE PERMIT FOR USED AUTO DEALERSHIP R02871009 BE IT HEREBY ORDAINED BY TEE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appleiation of Soleiman M. Sadiq and Mousa Mahgerefteh for a Conditional Use Permit for used auto dealership on Lots 19-22 and 41-44, Block 61, Euclid. Said parcel is located at 4839 Virginia Beach Boulevard and contains 22,216 square feet. BAYSIDE BOROUGH. The following condition shall be required: 1. Approval is for a period of three (3) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second day of February, Nineteen Hundred and Eighty-seven. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Reba S. 14cClanan, John D. Moss and Nancy K. Parker Council Members Absent: None - 22 - Item IV-G.l.f PUBLIC HEARING ITEM # 26811 PLANNING Attorney Robert Cromwell represented the applicant Kenneth C. Fensom, the applicant, also spoke concerning his application and advised the facility would be improved with repairs and removal of debris. Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of KENNETH C. FENSOM T/A OCEAN AUTO SALES II for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KENNETH C. FENSOM T/A OCEAN AUTO SALES II FOR A CONDITIONAL USE PERMIT R02871010 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kenneth C. Fensom T/A Ocean Auto Sales II for a Conditional Use Permit for used automobile sales on the north side of Virginia Beach Boulevard, 1107 feet west of First Colonial Road on Lot 18 and part of Lot 19, Oceana. Said parcel is located at 1766 Virginia Beach Boulevard and contains 30,056 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The folowing conditions shall be required: 1. Approval is for a period of three (3) years. 2. Pavement in parking area to be repaired. 3. A 6-foot right-of-way dedication along the frontage of Virginia Beach Boulevard to provide for a four- lane divided highway per the Master Street and Highway Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second day of February, Nineteen Hundred and Eighty-seven. - 23 - Item TV-F.I.e. PUBLIC HEARING PLANNIliG ITEM # 26811 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Daum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None Councilman Balko advised on April 1, 1987, he would be reviewing the applicant's property to determine if applicant had conformed to his promises by repairing and removing debris from this facility. - 24 - Item IV-G.l.g. PUBLIC HEARING PLANNING ITEM # 26812 Attorney Jahn Summs represented the applicant Ron Makela, Chairman of the Great Neck Association of Civic Leagues, spoke in support of the application Upon motion by Counelman Balko, seconded by Councilman Perry, City Council ADOPTED Ordinances upon application of ANNIE W. BROCK, HENRIETTA B. SIEGLE, ANNE BROCK WALKER, WILLIAM B. BROCK, PAUL J. SIEGEL, JR., CAROL S. GREGG AND NANCY J. SIEGEL and WIMBLEDON-ON-THE-BAY ASSOCIATES for a Change of Zoning and Conditional Use Permit respectively: ORDINANCE UPON APPLICATION OF ANNIE W. BROCK, HENRIETTA B. SIEGLE, ANNE BROCK WALKER, WILLTAM B. BROCK, PAUL J. SIEGEL, JR., CAROL S. GREGG AND NANCY J. SIEGEL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO R-3 Z02871136 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Annie W. Brock, Henrietta B. Sie.@el, Anne Brock Walker, William B. Brock, Paul J. Siegel, Jr., Carol S. Gregg and Nancy J. Siegel for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District on certain property located on the southwest side of North Great Neck Road beginning at a point 1120 feet more or less northwest of River Road. Said parcel contains 60.5 acres. Plats with more detailed information ,-re available in the Department of Planning. LYYJNHAVEN BOROUGH. A N D, ORDTNACE UPON APPLTCATION OF WIMBLEDON-ON-THE-BAY ASOCIATES FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTTON R02871011 BE IT HEREBY ORDAINED BY THE COUNCIL or THE CITY OF VIRGINTA BEACH, VIRGTIIIA Ordinance upon application of Wimbledon-On-The-Bay Associates for a Conditional Use Permit for Open Space Promotion on certain property located on the southwest side of North Great Neck Road beginning at a point 1120 feet more or less northwest of River Road. Said parcel contains 60.5 acres. PLats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. - 25 - Item IV-G.l.g PUBLIC HFARING PLANNING ITEM @,26812 (Continued) The following conditions shall be required: 1. The land area now occupied by Lots 47-54 would be reduced by one lot; the areas now occupied by Lots 1-20 or the area occupied by Lots 72-80 would be increased by one lot; the lots to be platted in the area now occupied by lots 47-54 would average 19,000 square feet and there would be no plots smaller than 18,000 square feet (80 lots now occupy 62 acres). 2. The above conditions shall be in accordance with the site plan presented to City Council on February 2, 1987. (Said site plan is hereby made a part of the record). These Ordinances shall be effecti-ve upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second day of February, Nineteen Hundred and Eighty-seven. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John D. Moss Councl Members Abstaining: Harold Heischober Council Ifembers Absent: None Counclman Heischober ABSTAINED as he has an interest in a piece of property immediatelly to the north of said application. 25a ........... 0 0 > 0 0 0 ?l GREAI NEC 0 0 CONCEPT @LAN 19 February 2, 1987 - 26 - Item IV-G.l.h PUBLIC HEARING PLANNING ITIN # 26813 Attorney James Evans represented the applicant Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council REFERRED to the PLANNING COMMISSION for MODIFICATION to R-5 Residential District, an Ordinance upon application of JAMES AND MARY A. HAMEL for Changes of Zoning: ORDINANCE UPON APPLICATION OF JAMES A. AND MARY A. HAMEL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Ordinance upon application of James A & Mary A. Hamel for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on property located 700 feet north of Firefall Drive (formerly Old Dam Neck Road), beginning at a point 760 feet more or less east of Chaka Lane. Said parcel is lcoated at 684 Firefall Drive and contains 1.32 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N Dp ORDINANCE UPON APPLICATION OF JAMES A. & MARY A. HAMEL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FORM AG-2 TO R-8 Ordinance upon application of James A & Mary A. Hamel for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on the north side of Firefall Drive (formerly Old Dam Neck Road) beginning at a point 760 feet more or less east of Chaka Lane. Said parcel is located at 684 Firefall Drive and contains 6.08 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. - 27 - Item IV-G.l.h. PUBLIC HEARING PLANNING ITEM # 26813 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None This item was MOVED FORWARD on the PLANNING AGENDA after the Ordinance upon application of FALSE CAPE ENTERPRISES, INC. A VIRGINIA CORPOPATION, for a Change of Zoning and a Conditional Use Permit. - 28 - Item IV-H.l.a/b RESOLUTIONS ITEM # 26814 The following spoke in support of the Resolution requesting the VIRGINIA GENERAL ASSEMBLY appropriate $2-MILLION for Public Beach Nourishment in the City of Virginia Beach, Virginia (SANDBRIDGE): Helen McDonald, Secretary, SANDBRIDGE BEACH RESTORATION ASSOCIATION and distributed pictures (said pictures are hereby made a part of the record). Peter Galandis, resident of Sandfiddler Road Attorney Robert Cromwell, represented the Sandbridge Beach Restoration Association Maxine 0. Graham, Realtor, resident of Sandpiper Road The following spoke in OPPOSITION: James L. Kaiser, Chairman of the Oceanfront Committee for the North End Virginia Beach Civic League E. Spencer Wise, Director North End Virginia Beach Civic League and distibuted information relative the Change in sea level with respect to adjacent land for stations from the District of Columbia to Georgia. (Said information is hereby made a part of the record). Thomas P. Thorpe, resident of Virginia Beach since 1956 Rae H. LeSesne, represented himself Georgette Constant-Davis, resident of 82nd Street, Ron Makela, represented the Virginia Wildlife Federation The City Clerk advised of a Telegraph received from David Coaklev, resident of Alexandria, Virginia, requesting APPROVAL for beach nourishment of sand at SANDBRIDGE. A MOTION was made by Councilwoman McClanan, seconded by Councilman Fentress to ADOPT a Resolution requesting the Virginia General Assembly appropriate $2- Million for Public Beach Nourishment in the City of Virginia Beach, Virginia, AS AMENDED. Paragraph 9 shall be AMENDED by inserting the following verbage after the word "nourishment": "...at such time as the beach is designated a public beach and only in the event of the State providing funds to be matched." Councilwoman Henley suggested the verbage in paragraph 9 be restated to reflect: "BE IT FURTHER RESOLVED THAT the Council of the City of Virginia Beach will not utilize these funds unless the State provides a dollar-per-dollar matching fund appropriated by the Commonwealth up to $2-Million for Sandbridge beach nourishment at such time as the beach is designated a 'public beach'." In Paragraph 6, the following verbage after the word "effort" shall be eliminated: "...and to commit to matching it on a dollar-per- dollar basis." - 29 - Item IV-H.l.a/b. RESOLUTIONS ITEM # 26814 (Continued) The City Manager requested the word "SANDBRIDGE" be inserted in the caption of said Resolution to read: RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSF14BLY APPROPRIATE $2-MILLION FOR SANDBRIDGE PUBLIC BEACH NOURISHMENT IN THE CITY OF VIRGINIA BEACH, VIRGINIA. Counclwoman McClanan AMENDED her motion to incorporate the above verbage. Upon motion by Councilwoman McClanan, seconeded by Councilman Fentress City Council ADOPTED, AS @IENDED: RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSEMBLY APPROPRIATE $2-MILLION FOR SANDBRIDGE PUBLIC BEACH NOURISHMENT IN THE CITY OF VIRGINIA BEACH, VIRGINIA. Voting: 6-5 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, Mayor Robert G. Jones,* John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None *Verbal Nay RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSFMBLY APPROPRIATE $2-MILLION FOR SANDBRIDGE PUBLIC BEACH NOURISHMENT IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the public beaches lying along the Atlantic O,,,, nd Chesapeake Bay shoreline of the Commonwealth of Virginia in the City of Virginia Beach represent an important resource; WHEREAS, due to a variety of social, economic and environmental factors, these areas are eroding; @MEREAS, Section 21-11.16 of the Code of Virginia declares that it is a policy of the Commonwealth that Virginia shores are a most Valuable resource that should be protected from erosion; WHEREAS, the Virginia General Assembly is currently in session; WHEREAS, the Delegation to the Virginia General Assembly from the City of Virginia Beach is sponsoring a budget amendment to provide $2-Million for the City for public beach nourishment at Sandbridge; and, VIHEREAS, it is necessary for the City to support this effort. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH; That the City's Delegation to the General Assembly be encouraged to submit a budget amendment to provide $2-Million in State funds for beach nourishment at Sandbridge. BE IT FURTHER RESOLVED: That the General Assembly be encouraged to approve this budget amendment as it is in the best intere,t of the Commonwealth to protect a valuable and scarce resource of the Commonwealth that provides great return to the Commonwealth in the form of tourism. BE IT FURTHER RESOLVED THAT the Council of the City of Virginia Beach will not utilize those State funds unless the provides a dollar- per-dollar match for funds appropriated by the Commonwealth up to $2-Million for Sandbridge beach nourishment at such time as the beach is designated a "public beach". Adopted by the Council of the City of Virginia Beach on the Second day of February, 1987. 1 Item IV-H.l.c. RESOLUTIONS ITEM # 26815 ADD-ON Thomas Holland, Chairman of the @IETLANDS BOARD, spoke in support of said Resolution. Upon motion by Councilwoman Parker, seconded by Councilman Heischober, City Council ADOPTED: RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OPPOSING HOUSE BILL 1383 THAT WOULD AMEND AND REENACT SECTION 62.1-13.28 OF THE CODE OF VIRGINIA RELATING TO EXEMPTIONS OF THE COASTAL PRIMARY SAND DUNE PROTECTION ACT. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. flenley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 30a - RESOLUTION OF THE COUNCIL OF THF CITY OF VIRGINIA BEACH, VIRGINIA, OPPOSING HOUSE BILL 1383 THAT WOULD A14END AND REENACT SECTION 62.2-13.28 OF THE CODE OF VIRGINIA RELATING TO EXEMPTIONS TO THE COASTAL PRIMARY SAND DUNE PROTECTION ACT @IHEREAS, House Bill 1383 has been introduced in the Virginia General Assembly; WHEREAS, passage of this legislation would allow home owners of bay and oceanfront property viho perceive a danger to life, property, public streets, utilities, septic systems, or the tax base from erosion and storn damage to construct, among other things, structures such as bulkheads, seawalls or revetments with fragile coastal areas; IIHEREAS, this may allow for the indiscriminate construction of bulkheads throughout the coastal areas of the State; WHEREAS, the creation of these structures has been reviewed by the Virginia Beach Wetlands Board, the Virginia Merine Resources Commission, and others, and has been found to increase erosion and to diminish the natural sand replenishment process to the beaches; VIHEREAS, the construction of bulkheads and other beach disturbing activities may increase erosion to surrounding properties; WHEREAS, this legislation may also jepoardize agreements made with the Federal Emergency Management Agency concerning flood insurance and with the Federal Coastal Zone Management Agency; WHEREAS, the City of Virginia Beach Wetlands Board and the Virginia Marine Resources Commission have proven to be the appropriate judges of the impacts of such activities; and, IVHEREAS, the passage of this legislation will prohibit their control. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach, Vir.@inia, opposes House Bill 1383 and reapectfully requests the General Assembly of Virginia to defeat said bill for the reasons set forth above. Adopted by the Council of the City of Virginia Beach on the Second day of February, 1987. 198T-SESSS-lON LD6655443 I HOUSE BILL NO. 1383 2 Offered Januar-Y 27, 1987 3A BILL to amend and reenact SS 62.1-13.28 of t e Code 0 4 h f Virgili,', relating to exezpt@ois tO the COastOt Prirnary Sa,7d Du,, F,,,,cti,,, A,t. 5 6Patrons-Councill, Croshaw, Tata, Marks and Moss; Senator: Holland, C. A, 7 8 Referred to the Committee on Conservation and Natural Resources 9 10 Be it enacted by the General Assembly of Virginia: II 1. That SS 62.1-13.28 of the Code of Virginia is amended and reenacted as folloA,s: 12 SS 62.1.I3.28. Exemptions.-Nothing in this chapter shall affect any pi-oject or 13 development (i) for which a valid building permit or final site plan approval ha-q beer] I4 issued prior to July 1, 1980; or (ii) which, if no building permit is required for sucli 15 project including a locally approved mining operation, has been otherwise commenced prior 16 to July 1, 1980 and certified as exempt by the Commission or appropriate wetlands board 17 or (iii) approved by the governing body of any county or city pursuant to an), local' 18 ordinance whose principal purpose is to review development in coastal primary sand dlines 19 prior to July 1, 1980. Nothing in this section shall be deemed to exclude from regulation 20 any activity which expands or enlarges upon a project already in existence or LDder 21 construction. 22 When a clear and preserit danger exists to life, property, public streets, litilities, 5ept'c 23 systerns or the tax base from erosion and storm damage, the Coastal Primary Sand Dii,ie 24 Protection Act shall not be construed or in any way interpreted so as to prevent cl;,nes 25 @om assurning the cost of protectii7g their homes with structural improvements, sch as 26 seawalls, bu@eads, or rCvetrl76nts. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Official Use By Clerks 45 Passed By 46 The House of Delegates Passed By The Senate without amendment 13 without amendmerit 0 47 with amendment ri witb amendment 0 48 substitute 0 substitute 0 49 substitute w/amdt C) substitute w/amdt [-i 50 51 Date: Date: 52 53 Clerk of 'the House of Delegates Clerk of the Sena 54 - 31 - Item IV-I.1 ORDINANCES ITEM # 26816 C. Oral Lambert, Jr., Director of Public Works, responded to City Council's inquiries. Upon motion by Councilman Baum seconded by Vice Mayor Oberndorf, City Council ADOPTED, AS AMENDED: Ordinance to amend and reordain the Code of the City of Virginia Beach, Virginia, by adding Section 33-113.1 and amending Section 33-114 pertaining to encroachment applications. The word "any", on line 63 shall be deleted from said Ordinance. The City Staff shall review and monitor administrative approvals of ENCROACHMENTS with a report to City Council in six (6) months. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley,* Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker* and John L. Perry Council Members Voting Nay: Reba S. McClanan* Council Members Absent: None *Verbal Vote - 31a - 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN 8 THE CODE OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA, BY ADDING SECTION 10 33-113.1 AND AMENDING SECTION 11 33-114 PERTAINING TO ENCROACHMENT 12 APPLICATIONS. 13 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA: 17 That Section 33-113.1, of the Code of the City of Virginia 18 Beach, Virginia, is hereby added and reads as follows: 19 Section 33-113.1. Criteria for administrative approval of 20 certain encroachment applications. 21 (a) city council herebv authorizes -and requires the city 22 manager or his des e upon proper aPPlication to the 23 department of public works, to approve any encroachments into 24 public streetp, ways, places, or proderty for Private underaround 25 utilities and subdivision identifications signs when the 26 following conditions are met:. 27 (1) The owner shall remove the encroachment within thirty (30) 28 days when notified by the city, at no expense to the citv; 29 and 30 (2) The owner shall indemnify, hold harmless and defend the city 31 of virginia Beach, Virginia, its aaents, and employees, from 32 and against all claims, damages, losses, and expenses, 33 including reasonable attorney's fees in case it shall be 34 necessarv to file or defend an action arisina out of the 35 location or existence of such encroachment; and 36 (3) The owner shall construct and maintain the encroachment to 37 prevent it from becoming unsightly or a hazard; and 38 (4) Prior to construction within any existing public 39 right-of-way the owner or his agent shall obtain a permit 40 from the hiallway inspections division of the dedartment of 41 public works; and 42 (5) The owner shall make no oden cut of a public roadway unless 43 the plan is.a@roved by the citv manager or his designee and 44 -the city engineer; and I - 31b - 45 (6) Prior to construction within any existing right-of-way the 46 owner or his agent shall submit, and have approved, a 47 traffic control plan; and 48 (7) The owner shall submit for review and approval, a survey of 49 the area being encroached upon, certified by a professional 50 engineer, and/or "as-built" plans of the encroachment, if 51 required by either the city engineer's office or the 52 engineering division of the public utilities department; and 53 (8) If the encroachment is private water or private gravity 54 sanitary sewer laterals or force mains, the owner shall 55 abandon the private service and connect to the city system 56 when it becomes available to the site being serviced; and 57 (9) Above ground encroachments shall conform to the minimum 58 setback requirements, as established by the city traffic 59 engineer's office; and 60 (10) If the encroachment is a subdivision sign, the sign shall 61 not exceed thirty-two (32) square feet per face, shall not 62 exceed two (2) faces, shall not exceed six (6) feet above 63 the natural grade at the curb, and -Y-landscaping shall be 64 approved by the landscape services division of the 65 department of general services. 66 (b) Definitions. The following words, when using this 67 section, shall, for the purpose of this section, have the 68 meanings respectively ascribed to them herein, except in those 69 instances when the context clearly indicates a different meaning: 70 (1) "owner" shall mean the person who holds legal title to a 71 building or the land upon which it is situated, either or 72 both. 73 (2) "Private underground utilities" shall mean any private 74 gravity or forced main lateral for the conveyance of raw 75 sewerage, water or storm drainage. 76 (3) "Subdivision identification signs" shall mean any 77 noncommercial sign identifying a residential subdivision. 78 (c) Any encroachment shall be constructed and maintained in 79 accordance with the laws of the Commonwealth of Virginia and the 80 City of Virginia Beach except as otherwise provided in this - 31c - 81 section, or by SS; 33-113 or 33-114. Except as otherwise 82 provided in this Section or SS 33-113 or SS 33-114, no encroachment 83 or use and occupancy of a public street, way, place or propertv 84 of whatever nature in a manner not permitted to the general 85 public shall be authorized or permitted without the consent of 86 the city council. Every such encroachment, use and occupancy 87 shall constitute a nuisance and may be abated in any manner 88 provided by law. 89 (d) This Ordinance shall not be read as authorizing any 90 encroachment which would be prohibited by any other laws of the 91 City of Virginia Beach, Virginia, or the Commonwealth of 92 Virginia. 93 (e) If it is determined that an application for an 94 encroachment does not meet all of the criteria listed above, then 95 the City Manager or his designee is expressly prohibited from 96 approving the encroachment application. The applicant may then 97 follow the procedure set forth in SS 33-113 of the City Code in 98 order for said encroachment to be considered by City Council. 99 (f) Any encroachment granted pursuant to this or any other 100 city code section is a license merely and shall be revocable at 101 the pleasure of the city council. 102 103 And further that 33-114, of the Code of the City of 104 Virginia Beach, Virginia, is hereby amended and reads as follows: 105 Section 33-114. Criteria for administrative approval of eertair 106 wall-mounted signs. 107 City council hereby authorizes and requires the city manager 108 or his designee to approve any encroachment into public streets, 109 ways, places, or property for a wall-mounted sign when the 110 following conditions are met: ill (1) All the signs at the subject location, including the 112 proposed sign, must be in compliance with the comprehensive 113 zoning ordinance; and 114 (2) The sum of the building setback from the property line, when 115 added to the depth of the wall-mounted sign, must not exceed 116 a total of twelve (12) inches, nor shall the depth of the 117 sign itself exceed twelve (12) inches. I -31 d - 118 For purposes of this section, the phrase "wall-mounted sign" 119 shall be defined as a permanent device attached to a wall of the 120 subject location in such a fashion so that the face of the sign 121 parallels the wall on which the sign is displayed. 122 This section shall not be read as authorizing any 123 encroachment which would be prohibited by any other part of the 124 city code. When an application for an encroachment meets the 125 criteria listed above, the provisions of SS 33-113 relating to 126 applications and fees shall not apply to that application. 127 If it is determined that an application for an encroachment 128 does not meet either or both of the criteria listed above, then 129 the city manager or his designee is expressly precluded from 130 approving the encroachment application. The applicant must then 131 follow the procedure set forth in S 33-113 of the city code in 132 order for said encroachment application to be considered by city 133 council. 13 4 135 Adopted by the Council of the City of Virginia Beach, 13 6 Virginia, on the 2nd day of February 1987. 137 138 CLL/lmt 139 10/0 2/ 8 6 140 10/03 /86 141 10/07/86 142 11/28/86 143 12/11/86 144 12/16/86 145 CA-86-01500 146 (\ordin\proposed\33-113-l.pro) OV@) i'@ TO CONTEi4T PA - 32 - Item IV-I.2 ORDINANCES ITEM # 26817 Andrew S. Fine, Chairman of the Arts and Humanities Commission, responded to Council's inquires. Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to amend an Ordinance to appropriate funds in the amount of $1,500,000 to the Virginia Beach Arts Center, Inc., to be used toward the cost of construction of a new Arts Center Building. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 32a - AN ORDINANCE TO AMEND AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $1,500,000 TO THE VIRGINIA BEACH ARTS CENTER, INC., TO BE USED TOWARDS THE COST OF CONSTRUCTION OF A NEW ARTS CENTER BUILDING WHEREAS, it is the desire of the Council to support the arts for residents as well as visitors of Virginia Beach by provlding easy access to important works of art and to artistic events, classes, and training; and WHEREAS, a facility has been proposed by the Virginia Beach Arts Center, Inc., (hereinafter called Arts Center) which is designed to provide said access; and WHERF-AS, the Arts Center has conducted a capital campaign resulting In substantial private pledges; and WHEREAS, the Arts Center has requested a grant from the Commonwealth of Virginia for $1,500,000 WHEREAS, the Arts Center has also requested a grant from the Clty of Virginia Beach In the same amount as the grant from the Commonwealth of Virginia. NOW, THEREFORF, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIMA that funds In the amount of $1,500,000 be appropriated from the General Fund Balance to be used towards the cost of construction of a new Arts Center Building, subject to the following conditions: 1. The project shall be bid out In accordance with City policy and the total price (including sitework, office furniture, design and construction) shall not exceed $4,-64 "@0-$5,300,000. 11-e-stimates-are-@r-eeded,-tke-Arts@iiter-.&@l wark-wi@C.ity- 4taf@ -to-wi"n the $@ t@te. 2. The City shall release funds on a monthly draw basis after the Arts Center has used all available private funding. The availability of City funds shall be contingent on the Arts Center having completed at least 20% of construction and realizing at least 80% of pledge revenues projected for that point in time. Requests for payment shall be made thirty days in advance. 3. The City Manager shall be informed of all change orders to the construction project; in addition, all change orders in excess of $5,000 shall be approved by the City Manager. Approval shall not be withheld unreasonably. - 32b - 4. Council shall appoint four (4) persons plus the Director of General Services to serve on both the Executive Committee and the Board of Trustees of the Arts Center. Council may make such appointments after consideration of recommendations made by the Arts Center Board of Trustees. 5. The concerns expressed by City staff regarding the facility shall be resolved as shown in Exhibit A attached hereto. 6. The amount currently in the C.I.P. for sitework shall not be increased. 7. The Lease Agreement between the City and the Arts Center for the new facility shall be revised and updated. The terms of said lease shall also be a condition to this appropriation. BE IT FURTHER ORDAINED, that the City Manager is authorized to negotiate with tbe Arts Center and resolve the concerns expressed by City staff regarding the proposed facility. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of February, 1987. - 32c - EXHIBIT A UPDATED SUMMARY OF DISPOSITION OF CONCERNS OF CITY STAFF ON DESIGN OF ARTS CENTER BUILDING February 3, 1987 1. Items Resolved a. Theatrical Area--City staff agrees to leave the theatrical area as designed by the Arts Center. However, the area, if available, may be used for City functions at no cost. b. Interior Courtyard--City staff agrees to the design of this space. c. Roof--Arts Center staff has requested a bid on a painted metal roof as an alternate to the copper roof. However, at this time copper is less expensive and, therefore, acceptable to City staff. d. Exterior Glass--City Staff agrees to the design of the glass on the north side. e, Interior Wood Triin--The Arts Center has requested a bid on a lesser expensive wood as an alternate to mahogany. However, mahogany is less expensive to stain and, therefore, acceptable to City staff. f. Stonework--The Arts Center has reduced the amount of granite and slate stonework in the facility. g. Copper Drain Pipe--The Arts Center has substituted PVC piping for copper piping for interior drain leaders. h. Sprinkler System--A dry pipe system has been included In the redesign of the sprinkler system and is acceptable to City staff as the best value. i. Supply and Return Ducts--The Arts Center has changed the material to be used for the supply and return air ducts that Is currently acceptable to City staff. J. Mechanical System--The Arts Center supplied an energy analysis to show the most efficient system to heat and cool the building as well as the most efficient to maintain tliat is acceptable to City staff. Februar 2 1 87 - 33 - Item IV-J. CONSENT AGENDA ITEM # 26817 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Ttems 1, 2, 3, 5, 6, 7, 8, 9, 10 and 11 of the CONSENT AGENDA: Item 4 was voted upon separately. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Councilwoman Nancy K. Parker ABSTAINED on ITEMS IV- J-4 and IV-J.6 of the CONSENT AGENDA as she and her husband are principals in Parker Pools, Inc. and she is a Member of the Clean Community Commission. Council Members Absent: None - 34 - Item IV-J.1. CONSENT AGENDA ITEM # 26818 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance confirming the declaration of a local emergency by the City of Virginia Beach, Virginia, (January 26, 1987). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 34a - AN ORDINANCE CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY BY THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, pursuant to Section 44-146.21, Va. Code Ann., and Section 2-413 of the Code of the City of Virginia Beach, Virginia, a local emergency was declared by the City Manager/Director of Emergency Services on January 26, 1987, at 1:00 p.m.; and WHEREAS, due to the heavy snow and low temperatures caused by a severe winter storm, the City of Virginia Beach was faced with dangerous weather conditions; and WHEREAS, due to the rapid accumulation of snow and ice on streets and highways, a condition of extreme peril to life and property existed, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to Section 44-146.21, Va. Code Ann., and Section 2-413 of the Code of the City of Virginia Beach, Virginia, the emergency declared by the City Manager/Director of Emergency Services is hereby confirmed and ratified; BE IT FURTHER ORDAINED that the declared emergency is hereby ended at 10:00 a.m., January 27, 1987. This ordinance shall take effect immediately. Adopted this 2nd day of February 1 1987, by the Council of the City of Virginia Beach, Virginia. WEB/dga 1/ 2 887 Appp ,OVED AS To CON fL' SIGNATURE Appp .OVED AS TO LEGA!- FC P NEY February 2, 1987 3 5 Item IV-J.2.a/b- CONSENT AGENDA ITEM # 26819 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council REFERRED TO THE PLANNING COMMISSION: Ordinance to amend and reordain Section 111 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, by REPEALING the Definition of a Day Care Center and creating definitions for a Family Day Care Home and Child Care Center. A N D, Ordinance to amend and reordain Section 229 (a) of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to the maximum floor area to be used by home occupations - (DEFERRED 1-26-87). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan ' John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 35a .AN ORDINANCE TO AME14D AND REORDAIN SL-CTION 111 OF THE COMPR@.i-@@ISI@IE ZONI@IC ORDI'il;tlCp OF THE CITY OF VIRGI,\Il.@ SE.',C.,i, VI2GI@IIA, BY REPEALING THE DEFI@IITIO,'l OF A DAY CA.R@- C--IITE.R AND CRFATI14G DEFI@IITIOTNS FOR A F.,--,AILY DaIz- C.k.RE HO,4E.A@ID A CHILD-CARE CT-'ITER BE IT ORDAINED BY THE CITY COUNCIL OF Tpp CITY OF VIRGINIA BFACH, VIRGINIA: That Section 111 of the Compcehensive Zoning Ordinance oE the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Seccion 111. Definitions. 1. The term "Day Care Center" and its deeinition are h,reby repealLd. 2. The terms "Family Day-Care Home" and "Child-Care Center" and the definition for each are added as follows: Family Day-Care Home. An@ private family home which, ?S a home occui)ation, provides care, protection and quidance to a qrcup oE children separated from their oarents or quardians durin OE the twenty-Eour (24) hour day. This te'rm shall aoolv only to homes in which more than five (5) children are received who are not related by blood or marriaqe to the Persons who maintain the home, oc where the total number of children cared Eor, includinq children so related to the persons who maintain the hcme, exceeds seven (7). Child-Care Center. Anv facilitv, other than a Family-Day Care Home, operated for the 2urpose of providinq care, protecti-on, and guidance to a qrouo of children spnArAFed from their parents or uardian duri g a part of the twenty-four (24) hour This Ordinance shall be effective from the date 'ot- Its adoption. Adopted by the Couilcil oE the City of Virginia Beach, Virginia, on the day oE GLF/Imt 1 2/0 2/8 6 CA-86-02082 /Ordin\Proposed\01IICZO.Pro February 2, 1987 35b AN ORDINANCE TO A,4END AND REORDAIN SECTION 229 (a) OF THE CO,'APIZE14ENSIVE ZO,@lI@IG ORDI@;ANCE OF THE CITY Or- VIRGI,4IA BEAC.-I, VI@G1,NIA, PERTAI@JING TO THE MAXI.4U,%i FLOOR AREA TO BE USED BY HOME OCCUPATIONS i3@ IT ORDAINED BY THE CITY COUNCIL OF THE CITY O@ VIRGINIA BF-KCH, VIRGINIA: That Section 229 Paragraph (a) of the Comprehensi-ve Zoning Ordinance of the City oE virginia Beach, Virginia, is hereby amended and reordained as follows: Section 229. Home occupations. (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have apoli-ation to Family Day-Care Homes. This Ordinance shall be effective from the date of i@s adoption. Adopted by' the Council of the City of Virginia Beach, Virginia, on the day of GLF/Imt 12/02/86 CA-86-02083 /Ordin/Proposed/0229(a).Pro "\PPROVED AS TO February 2, 1987 - 36 - Item IV-J.3. CONSE14T AGENDA ITEM # 26820 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance to amend and reordain Article III, Section 21-73 of the Code of the City of Virginia Beach pertaining to exemptions for vehicle owners. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 36a - 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN 8 ARTICLE III, SECTION 21-73 OF THE 9 CODE OF THE CITY OF VIRGINIA BEACH 10 PERTAINING TO EXEMPTIONS 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 That Section 21-73 of the Code of the City of Virginia 16 Beach is hereby amended and reordained to read as follows: 17 Section 21-73. Exemptions. 18 No person shall be required to pay the tax prescribed 19 by this article on any vehicle for which an annual registration 20 certificate and license is not required by title 46.1 of the Code 21 of Virginia, on any vehicle specifically exempt under the 22 provisions of section 46.1-66 of the Code of Virginia, or on any 23 vehicle owned solely by a person in active military service, who 24 is in the city solely by reason of military orders and who has a 25 legal residence in a state other than Virginia; provided, however 26 that every person claiming an exemption under this section who 27 owns and operates a motor vehicle, trailer or semitrailer which 28 is normally garaged within the boundaries of the City and who 29 lives within the boundaries of the City must still obtain a 30 license under this article. Upon presentation to the city 31 treasurer of proof that the owner of a vehicle is exempted under 32 this section, the treasurer is authorized to issue to such owner 33 a city license plate or decal for identification purposes. No 34 fee shall be charged for such issuance. In the event that the 35 status of the owner of the vehicle changes so as to no longer 36 qualify the vehicle for the exemption provided herein, the owner 37 shall forthwith remove from the vehicle the license plate or 38 decal which was issued for identification and shall return same 39 to the city treasurer within ten (10) days of the date of such 40 change in status, and shall comply with all other provisions of 41 this article. 42 - 36b - 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 2nd day of February , 1987. 45 GLF/jmh/lmt 46 04/16/86 47 01/12/87 48 CA-01719 49 \ordin\proposed\21-073.pro - 37 - Item Iv-J-4 CONSENT AGENDA ITEM # 26821 Rae LaSesne, spoke concerning Section 34-30 relative Pool Outlets. Mr. LaSesne advised two outlets were better than just one or recommended an air inlet from above the level of the pool close to the location of the suction. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to amend and reordain, in its entirety, Chapter 34 of the Code of the City of Virginia Beach, Virginia, pertaining to swimming pools. The City Staff will report back to City Council concerning a possible amendment relative the section pertaining to pool outlets. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Councilwoman Parker ABSTAINED as she and her husband own Parker Pools, Inc. - 37a - 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND AND REORDAIN 9 IN ITS ENTIRETY CRAPTER 34 OF THE 10 CODE OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, PERTAINING TO SWIMMING 12 POOLS. 13 14 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That Chapter 34 of the Code of the City of Virginia 19 Beach, Virginia, pertaining to swimming pools is hereby amended 20 and reordained, in its entirety, to read as follows: 21 22 23 ARTICLE I 24 INTRODUCTION 25 26 Section 34-1. Title. 27 This shall be known and cited as the Virqinia Beach 28 Swimminq Pool Or.nance. 29 30 Section 34-2. Scope. 31 (a) The Provisions of this ordinance shall apply to 32 all swimminq facilities as indicated and herein defined. 33 Swimming facilities for which building 2ermits are issued 34 subsequent to the effective date of this ordinance shall be 35 constructed in accordance with provisions of the Uniform 36 Statewide Building Code, Fire Prevention Code, the Zonina 37 Ordinance and this ordinance. The administrative authority or 38 his authorized agent shall order reasonable changes in any pool 39 or related facility or in its operation if he finds anv 40 condition(s) that endanqer the life, health or safety of the 41 users of such swimming facilities. In considerinq ther to 42 order such chanqes, the administrative authority shall c6nsider 44 the requirements imposed by this ordinance upon newly constructed 45 swimming facilities. 46 (b) The provisions of this chapter shall apply to all 47 pools as defined in Section 34-3, including but not limited to; 48 (1) Commercial pools. 49 (2) Real e tate p- ools. 50 (3) CO.. nt ty p.ois. 51 (4) Apartment house pools. 52 (5) Public or private school pools. 53 (6) Gymnasium pools. 54 (7) Health establishment pools. 55 (8) Townhouse pools. 56 (9) Condominium pools. 57 (10) Mobile home park pools 58 (11) Homeowner association @ools. 59 (c) Only private, residential pools maintained by an 60 individual for the use of family and guests and those pools under 61 the jurisdiction of the Bureau of Tourist Establishment 62 Sanitation are exempt from the provisions of this chapter. 63 (d) The provisions oE the chapter shall apply to all 64 auxiliary structures and equipment provided and maintained in 65 connection with pools, including but not limited to: 66 (1) Locker rooms. 67 (2) Shower rooms. 68 (3) Dressin rooms. Tollet fac.,,.,- 69 (4) Ties. 70 (5) Filtration e uipment. 71 (6) Pumping equipment. 72 (7) Pipinq. 73 (8) isinfecting equipment. 74 (9) Safety equipment. 75 76 Section 34-3. Definitions. 77 The following definitions shall apply in the 78 interpretation and the enforcement of this ordinance. The word 79 .'shall" as used herein, indicates a mandatory requirement. 80 Administrative authority. The director of public 81 health or his authorized agent. 82 Above ground pool. Any pool constructed above ground 83 level. 84 Fence. A closed type vertical barrier, completely 85 enclosing the pool area and capable of securing said area against 86 entry. A woven steel wire chain link, picket or solid board type 87 fence or a fence of similar construction which will prevent the 88 smallest child from getting through. 89 Hydrostatic relief value. A value which, when properly 90 installed will relieve underground water pressure caused by high 91 water table under the pool shell. 92 Indoor pool. Any pool constructed within an 93 architectural structure. 94 In ground pool. Any pool constructed with any part 95 below ground level. 96 Maximum load. The number of bathers permitted in the 97 pool area, to be determined by dividing the total water surface 98 area in square feet (or square meters) of the swimming, spa or 99 wading pool water space by twenty-seven (27) feet (8.18 meters). 100 Operator or manager. The person appointed or engaged 101 to conduct the operation and management of the swimming facility. 102 Pool permit. A permit issued to the facility by the 103 administrative authority to allow for the operation of the pool. 104 Operator's certificate. A certificate that proves 105 competency in pool operation issued by a source approved by the 106 administrative authority. 107 Owner. The person in whose name the license or use 108 permit is issued. 109 Pool management company. Any person, firm, corporation 110 or association contracting to manage or operate two (2) or more ill swimming facilities. 112 Public pool. Any pool, other than a residential pool 113 servinq an individual dwelling, which is intended to be used for 114 swimminq, bathing or therapeutic purposes, except those pools 115 under the jurisdiction of the Bureau of Tourist Establishment 116 Sanitation, Virginia State Health Department. 117 Swimming facility. All bodies of water sufficiently 118 deep for comi)lete or IDartial immersion of the body and used for 119 swimming or recreational bathing, together with the shores, 120 buildings, equipment and appurtenances pertaining to such 121 facilities. 122 Swimming pool. Any man-made structure construct6d from 123 material other than natural earth or soil desiqned or used to 124 hold water to a depth of more than twenty-four (24) inches 125 ( .6 meter) for the purposes of providing a swimming, bathing or 126 therapeutic facility. Also described as: 127 (1) Combination swimming and diving pool. A pool 128 designed and used for swimming and diving. 129 (2) Diving pool. A Swimming pool designed and used 130 for diving only. 131 (3) Training pool. A swimming pool designed and used 132 for teaching and training water activities. 133 (4) Water slides/rides. Combination of pools and 134 immersion troughs carrying water from pool to 135 pool. 136 (5) Wading pool. A pool designed for wading or 137 partial immersion of the human body which is 138 capable of impounding water to a depth not greater 139 than twenty-four (24) inches (.6 meter) and which 140 is separate from any other pool within the 141 facility. 142 (6) Spa and hot tubs. Pools designed for recreational 143 or quasi therapeutic use for physiological and 144 psychological relaxation that include but are not 145 limited to: hydrojet circulation, hot water, cold 146 water, mineral baths, air induction systems or any 147 combination of these. Single occupant tanks used 148 exclusively for therapeutic purposes and spas/hot 149 tubs under the jurisdiction of the Bureau of 150 Tourist Establishment Sanitation are excluded from 151 this ordinance. 152 153 Section 34-4. Plans, constructions and inspection. 154 (a) A person proposing to construct, reconstruct or 155 alter a swimming pool or auxiliary structure or equipment shall 156 submit legible plans and specifications to the administrative 157 authority for review and written approval prior to the issuance 158 of any building, plumbing or electrical permit. 159 (b) The administrative authority may require the 160 submission of such additional information as may be required to 161 determine the compliance of plans and specifications submitted 162 for approval. 163 (c) Within ten (10) days of the receipt of final plans 164 and specifications, the administrative authority shall-notify the 165 person submitting the plans and specifications of their approval 166 or disapproval. 167 In addition to these regulations, all applicable 168 ordinances, including but not limited to plumbing, building, 169 electrical and zoning shall also apply in the construction, 170 maintenance and operation of all swimming facilities. 171 172 Section 34-5. License required; fee for same. 173 (a) No person shall operate a swimming facility or 174 pool unless an annual permit has been secured from the 175 administrative authority of the health department. This permit 176 shall be issued only after approval by the administrative 177 authority, approval by the electrical and plumbing official, 178 application and payment to the health department of a fee of 179 fifty dollars ($50.00) for seasonal operation (four [4) months or 180 less) and seventy-five dollars ($75.00) for year-round operation. 181 The operation and maintenance of any swimming facility in a 182 manner not in accordance with the provisions of this chapter will 183 be justification for cancellation of this permit. (September 11, 184 1957, Part 1, Article C, Section 2) 185 (b) A public swimming pool permit shall be posted in 186 view of the public at the swimming pool involved. (Code 1965, 187 Section 32A-8[el) 188 @c No public swimming pool permit shall be 189 transferable and any person holding such a permit shall give 190 notice in writing, to the administrative authority within twenty- 191 four (24) hours after having sold, transferred, given away or 192 otherwise disposed of his interest in or control of the pool 193 involved. Such notice shall include the name and address of the 194 person succeeding to the ownership or control of such pool. 195 (Code 1965, Section 32A-8[d]) 196 197 Section 34-6. Inspections. 198 The administrative authority shall have the power to 199 enter, at reasonable times, upon any private property for the 200 purpose of inspecting and investigating conditions relating to 201 the enforcement of the ordinance or regulations adopted pursuant 202 thereto. 203 in addition to the inspections required by the 204 department of permits and inspections, all piping and 205 appurtenances included in the recirculation and filter system 206 shall be inspected prior to covering. All piping shall be tested 207 at the time of inspection under twenty-five (25) psi pressure. 208 209 Section 34-7. Owner's certificate. 210 (a) To secure a pool permit, each public pool shall 211 have a person employed who holds a valid operator's certificate 212 issued by a source approved by the administrative authority. 213 Operator's certificate shall be issued only to an individual over 214 the age of sixteen. An applicant for an operator's certificate 21 5 shall demonstrate basic knowledge of the water treatment process 216 in swimming facilities. Presentation of a certificate from a 217 swimming pool operators' training course acceptable to the 218 administrative authority shall constitute demonstration of such 219 knowledge. 220 (b) Every public pool shall have a person on premises 221 at all times during periods of operation, who is fully capable of 222 and shall assume responsibility for compliance with all 223 requirements relating to pool operation, maintenance and safety 224 of bathers. 225 (c) Routine (e.g., daily and weekly) operating 226 procedures shall be permanently posted in a location accessible 227 to and frequented by the operator. 228 (d) Manufacturers' instructions for operation and 229 maintenance of mechanical and electrical equipment shall be kept 230 available for the operator. 231 232 (e) No public pools shall be used or available for use 233 until all requirements of Sections 34-5 and 34-7 are complied 234 with. 235 236 Section 34-8. Swimming facility suspension. 237 (a) If the administrative authority finds that the 238 health and safety of those who utilize a swimming facility is 239 endangered, due to improper operation or continued or flagrant 240 violation, he may order the immediate suspension of the 241 facility's operation until such time as he finds that the danger 242 no longer exists. No person shall operate any swimming facility 243 when subject to an order of suspension. 244 (b) The administrative authority shall notify the 245 owner, in writing, stating the reason(s) for the suspension. The 246 owner shall have the right to appeal the suspension to the 247 administrative authority. However, such appeal shall not affect 248 the order for suspension until such time that the appeal is heard 249 and the order changed. The owner may request a reinspection when 250 the condition(s) causing the suspension has been corrected. Upon 251 compliance with the requirements of this chapter, the suspension 252 shall be removed. 253 (c) Any person aggrieved by the refusal to grant, or 254 by the revocation or suspension of the operation of a swimming 255 facility, shall have the right to appeal therefrom to the circuit 256 court of the City of Virginia Beach after an administrative 257 hearing. 258 259 Section 34-9. Violation of chapter. 260 Unless otherwise specifically provided, a violation of 261 any provision of this chapter shall constitute a Class 3 262 misdemeanor and every failure, refusal or neglect to fully and 263 completely comply with the provisions of this chapter and each 264 day's continuance thereof beyond the time specified shall 265 constitute a separate offense. In addition to any penalty 266 imposed therefor, a violation of the provisions of this chapter 267 may be restrained, prohibited or enjoined by appropriate 268 proceedings. (Code 1964, Section 32A-61 269 270 Section 34-10. Pool management companies; duties. 271 All pool management companies, within ten (10) days 272 after commencing operation of a swimming facility, shall provide 273 the administrative authority with the names and locations of all 274 facilities they operate in Virginia Beach and the names, 275 telephone numbers and addresses of their operating personnel. 276 Such companies shall be responsible for assuring compliance with 277 Section 34-3. 278 279 Section 34-11. Applicability of chapter to existing pools. 280 The structural and equipment provisions and 281 requirements of this chapter shall not apply to any swimming pool 282 constructed prior to the effective date of Ordinance No. 391 from 283 which this chapter is derived, except as follows: 284 (1) Any alteration, placement or replacement of any 285 equipment shall comply with such requirements. 2B6 (2) The provisions and requirements of this chapter 287 with respect to operational procedures and 288 standards, chemical feeding equipment, flow 289 meters, pressure gauges, toilet facilities and 29 0 lifeguards shall be complied with by all public 291 swimming pools, regardless of date of 292 construction. 293 (3) The provisions and requirements of this chapter 294 with respect to fences shall be complied with by 295 all swimming pools, including private residential 296 swimming pools, regardless of date of 297 construction. (Code 1965, Section 32A-2) 298 (4) Required structural or equipment alterations may 299 be exempted if no danger is posed to the public's 300 health and safety. 301 302 303 Section 34-12. Conflicts between chaoter and state regulations, 304 In the event any of the Provisions of this chapter are 305 in conflict with rules and requlations of the state health 306 commissioner, pertaininq to the sanitary design and construction 307 of swimming pools, adopted pursuant to Section 35-16.1 of the 308 Code of Virginia, the latter rules or regulations sh 1 - 309 (Code 1965, Section 32A-5) 310 311 Section 34-13. Severabilitv clause. 312 Should any article, section, subsection, sentence, 313 clause or phrase of this ordinance be declared invalid by court 314 of jurisdiction, such decision shall not affect the 315 validity of the ordinance in its entiretv or of an f 316 other than that so declared t be invalid. 317 318 Sections 34-14--34-20. Reserved. 319 320 321 ARTICLE II 322 DESIGN AND CONSTRUCTION 323 section 34-21. Location. 324 The location of a swi all in no way hinder 325 the operations for which it designed, 326 327 area subject to -ooding or inundation bv 2round water rainage. 328 329 Section 34-22. Access. 330 Direct and unobstructed access to the D--l area shall 331 332 333 fence, a qated o 4 meters) shall be 33 4 33 5 3 36 leadi 01. Permanent and cons hall be 337 e pool. 33 8 339 Section 34-23. Security. 340 Swimming facilities shall be maintained in a manner 341 which will not create a nuisance or hazard to the public safety 342 and well being when not in use, and the pool shall be adequately 343 secured against entry by the public in general. 344 345 Section 34-24. Water supply. 346 A public water supply shall be used in all pools unless 347 other sources of water are approved by the administrative 348 authority. Pools using well water shall have a satisfactory 349 bacteriological sample taken prior to opening each year. 350 351 Section 34-25. Sewage disposal. 352 All sewage shall be disposed of into an approved sewage 353 treatment works or in the absence thereof, into an approved 354 individual sewage disposal system. 355 356 Section 34-26. Shape. 357 Pools may be of any dimension or shape; provided that 358 satisfactory recirculation of water can be obtained and undue 359 hazards to bathers are absent. 360 361 Section 34-27. Pool construction materials. 362 (a) Shell structural integrity. The pool shall be 363 designed and durably built of reinforced concrete, or material 364 equivalent in strength, watertight, and able to withstand 365 anticipated stresses under both full and empty conditions, taking 366 into consideration climatic effects, geological conditions, 367 integration of the pool and with other structures, and similar 368 factors. 369 (b) Finish. The finished pool shell shall be lined 370 with a smooth, waterproof interior finish that will withstand 371 repeated brushing, scrubbing and cleaning procedures. The 372 interior pool finish shall completely line the pool to the tile 373 lines, coping and cantilevered deck. 374 37 5 (c) Finish color. The finish color shall be white, 376 except for: 377 (1) Lane and other required pool markings, 378 (2) andholds, 379 (3) n s, 380 (4) Th to surface edges of benches, and 381 (5) Th: edgpe of spa steps. 382 EXCEPTION: Aspa/hot tub pool shall be permitted to be finished 383 in a light (pastel) color approved by the administrative 384 authority. Wooden hot tubs are prohibited. 385 (d) Projections and recessed areas. The surfaces of 386 the pool shall not have any projections or recessed areas except 387 for handholds, recessed treads, steps, ladders, stairs, pool 388 inlets and outlets, skimmers, and perimeter overflow systems. 389 EXCEPTION: Benches shall be permitted in a spa/hot tub, provided 390 that the water depth over the bench does not exceed 391 (24) inches (61 centimeters). 392 393 Section 34-28. Recirculatio tems. 394 (a) Filter room. Public pools shall be provided with 395 a structure or room to contain the filtration equipment, pumps 396 and other recirculation system appurtenances, and disinfection 397 equipment. The room shall be finished in a light color and be 398 constructed of materials which are impervious to water and 399 chemicals necessary for the operation of the 13ool. Adequate 400 illumination of twenty (20) foot candles measured twenty-four 401 .(24) inches (61 centimeters) above floor level, shall be provided 402 by a minimum of two (2) vapor -lightinq fixtures. The floor 403 of the filter room shall be designed to i)rovide for an adequate 404 drainage with a minimum floor slope of 1:50 and a maximum of 1:24 405 to the drain and shall be kept drv, Darticularly in the vicinitv 406 of electrical panels. The filter room shall be adequately cross 407 ventilated and all equipment shall be installed so that it is 408 convenient to oi)erate and repair. Adeauate head room shall be 409 provided above all filters. The provision of anv facility for 410 dis er backwashing water into the filter room floor 411 is prohibited. The room shall be provided with a door(s) of 412 sufficient width to permit the removal of equipment, and shall be 4 1 3 capable of being secured against entry by unauthorized persons. 41 4 The entrance to the filter room shall be adjacent to the pool 41 5 area or so located that the operator can enter the room without 416 having to exit the enclosed pool area. 417 (b) Description of recirculation system. All pools 418 shall be equipped with a recirculating system consisting of 419 pumps, hair and lint catchers, filters, disinfection equipment 420 and necessary pipe connections to the inlets and outlets. 421 Adequate provisions shall be made for backwashing filters. The 422 recirculation systems shall be designed for the turnover rate of 423 the pool water according to the following table: 424 Divin2 2001 8 hr. 425 wimminq idool 6 hr. 426 Traininq pool 4 hr. 427 Wading p 2 hr. 428 Combinat?looln diving 429 an swimming pool 6 hr. 430 Spa and o:stubs TO m-in. r .1@ 431 Wate ld 0 min. 432 (c) Filters. The recirculation system shall be 433 equipped with a filtration system that will filter the entire 434 contents of the pool at the required rate. Filtration equipment 435 shall be operated continuously twenty-four (24) hours per day. 436 Design criteria for the indicated type of filters shall be as 437 follows: 438 Rapid sand filter. A filter utilizing sand as the 439 filter media, with filtration flow rate not exceeding 440 three (3) gallons per minute per square foot 441 (122 liters per minute per square meter) of filter 442 area. The backwash rate of flow shall be three (3) 443 times the filtration rate. 444 Anthracite filter. A filter utilizing anthracite 4 45 as a filter media, with filtration flow rate not 446 exceeding three (3) gallons per minute per square foot 447 (122 liters per minute per square meter) of filter 448 area. The backwash rate of flow shall be three (3) 449 times the filtration rate. 450 High rate filter. A filter utilizing a media 451 capable of filtration at a high rate of flow. The rate 452 of flow shall be greater than five (5) gallons per 4 53 minute per square foot (203.7 liters per minute per 4 54 square meter) of filter area. The backwash rate of 455 flow shall be the same as filtration rate. 456 Diatomaceous earth filter. A filter utilizing 457 diatomaceous earth as a filter media. There are two 458 (2) types of these filters. 459 (1) Pressure or vacuum type. A diatomaceous 460 earth filter through which the rate of flow 461 does not exceed two (2) gallons per minute 462 per square foot (81.5 liters per minute per 463 square m r . 464 (2) Pressure or vacuum type with slurry feeder. 465 A filter equipped to continuously feed a 466 diatomaceous earth suspension and having a 467 rate of flow not exceeding three (3) gallons 468 per minute per square foot (122 liters per 469 minute per square meter). 470 A backwash sump pit with a stand pipe shall be 471 installed to collect spent diatomaceous earth so that it can be 472 collected and disposed of with solid waste. Any other method for 473 accomplishing this may be submitted for consideration. 474 Other filtration systems which are equal to or better 475 than those described above may be used in a pool recirculation 476 system with the approval of the administrative authority. 477 (d) Gauges. Gauges shall be installed as required, on 478 all filter systems to readily indicate the operating pressures of 479 recirculating systems. All gauges shall measure pressure 480 directly in pounds per square inch or kiligrams per square meter 481 and shall have an indicator at least two (2) inches 482 (5.08 centimeters) in diameter. 483 (e) Rate of flow indicators. The recirculating system 484 shall be equipped with a rate of flow indicator, which has been 485 approved by the administrative authority. The indicator shall 486 read in gallons per minute or liters per minute and shall be 487 located to indicate the rate of flow of filtered water being 488 returned to the pool. The indicator shall be of fixed 489 calibration and properly sized so as to indicate the designed 490 rate of flow at approximately mid scale. 491 (f) Hair and lint strainer. At all installations 492 where it is possible for water from the pool to pass through the 493 filters, a strainer shall be provided on the suction side of the 494 pump to prevent hair, lint and other matter from reaching the 495 pump and filters. Strainers shall be corrosion resistant with 496 openings not over one-eighth inch in size providing a free flow 497 area at least four (4) times the area of the pump suction line at 498 the strainer connection and shall be accessible for frequent 499 cleaning. 500 501 Section 34-29. Piping systems. 502 (a) The piping system for pools shall be composed of 503 N.S.F. approved materials or equal, designed for the following 504 operations: 505 (1) Fillinq the pool, 506 (2) !cngl:a t@h er to waste, (3) s@ 1 9 the pool water through the treatment 507 R:cl n filt 508 -:q me t' uip ? 509 kash nq to waste, 510 (5) pera i ng suc tion cleaner, (6) pty 511 Em nq the pool, and 512 (7) Draining the system. 513 (b) There shall be no direct connections between the 514 pool recirculating system and the sewer or the potable water 515 supply. Fill spouts may be located under diving boards, under 516 guard chairs or adjacent to pool ladder hand rails. Fill spouts 517 shall be installed a minimum of two (2) inches (5.08 centimeters) 518 above the coping, or submersed fill spouts shall be equipped with 519 a back-flow preventer. 520 (c) Waste from backwashing shall be discharged into 521 the sanitary sewer or in a manner approved by the administrative 522 authority. 523 (d) The piping system within the filter room shall be 524 securely anchored and shall be color coded as follows: 525 Freshwater Blue (to check valve) 526 Backwash ffla-ck 527 Tnfl-uent ellow 528 fff-luent Whit-e 529 Vacuum Orange 530 5 31 (e) All piping shall be designed to reduce friction 53 2 losses to a minimum and to carry the required quantity of water 533 at a maximum velocity not to exceed ten (10) feet per second 534 (3.05 meters per second) for discharge piping, except for copper 535 wire where the velocity for piping should not exceed eight (8) 536 feet per second (2.44 meters per second). Suction velocity for 537 all piping should not exceed six (6) feet per second (1.83 meters 538 per second). Design system head calculations shall be required 5 39 to confirm the adequacy of proposed pipe sizing and pump 540 selection. 541 (f) A permanent specification placard shall be 542 conspicuously displayed on or adjacent to the filter and shall be 543 properly lighted. Specifications shall be printed or typed and 5 4 4 readily legible. The following information shall be included on 545 the placard: 546 (1) Name and location fa cility' 547 (2) Date of const ructin, 548 (3) Capacity in gallons (liters), 549 (4) Water surface ?nrehaouln rs!quare feet (square meters), 550 (5) Turnover rate ad 551 (6) Rate of flow in gallons -per minute (liters per 552 553 554 Section 34-30. Pool outlets. 555 (a) All pools shall have one (1) or more main outlets 556 in their deepest 'Part for continuous removal of water for 557 treatment and reuse or for emptying the pool. A main outlet 558 shall be no less than 3.3 feet (1.14 meters) nor more than 19.7 559 feet (6 meters) from another main outlet and nor more than 16.4 560 feet (5.98 meters) from a pool wall. 561 (b) A main outlet opening shall be covered with a 562 grating which is not hazardous to bathers, is secured in place, 563 and is removable with tools. The grate opening area shall be 564 large enough to have water entrance velocities not exceeding two 565 (2) feet per second (.6 meter per second). 566 567 Section 34-31. Construction safety. 568 (a) Pumps, filters and other mechanical and-electrical 569 equipment for public pools shall be enclosed in such a manner 570 accessible only to authorized persons. Construction and drainage 571 shall be such as to avoid the entrance and accumulation of water 572 in the vicinity of the electrical equipment. 573 (b) The crossing of outdoor swimming facilities by 574 overhead electrical conductors is prohibited. 575 (c) All metal fences or railings on which a broken 576 electrical conductor might fall shall be effectively grounded. 577 (d) All lighting fixtures shall be prohibited directly 578 above the water surface except as permitted by the BOCA 579 Electrical Code, and shall be protected in a manner which will 580 prevent broken glass from falling on any surface within the pool 581 area. All electrical switches and receptacles shall be of 582 weatherproof construction and resistent to corrosion. 583 (e) Lights shall be prohibited directly above or 584 within one (1) meter horizontally of the pool rim in any indoor 585 or covered swimming pool except as permitted in the BOCA 586 Electrical Code, Article 680. 587 588 Section 34-32. Hydrostatic relief valve requirement. 589 In all in-ground pools, one (1) or more hydrostatic 590 relief valve shall be installed for the purpose of relievinq the 591 water pressure on the pool shell. 592 593 Section 34-33. Pool lighting. 594 (a) Where pools are to be used after dark, the 595 swimminq Pool area shall be equipped with liqhtinq fixtures of 596 such number and design as to liqht all parts of the pool, the 597 water therein, and the entire area. Fixtures should be installed 598 in such a manner as to create no hazard to the bathers. The 599 design and installation of the fixtures should be such that 600 lifeguards can clearlv see every part of the swimming pool, 601 includinq decks, sprinq board and other appurtenances without 602 being blinded by glare. 603 (b) Underwater lighting Eor such pools shall provide 604 nine (9) watt per square yard (8.2 watts ter) oE 605 water surfaces and shall require ground fault circuit I 06 interrupters (GFCI) (See Article 680 of the BOCA Electrical 07 Code) 08 09 Section 34-34. Decks. 10 There shall be a deck at least four (4) feet (1 meter, 11 22 centimeters) wide including the width of coping and extending 12 around the entire perimeter of the pool. Coping blocks shall 13 have a raised lip or be sufficiently elevated to prevent deck 14 water from draining into the pool. There shall be at least three 15 and one-fourth (3 1/4) feet (i meter) of deck behind any diving 16 stand or guard chair. The deck shall be constructed of concrete 17 or other impervious material. The deck shall have a non-slip but 18 smooth finish. The deck shall have a pitch or not less than 1:48 19 or more than 1:24 and be designed to conduct drainage away from 20 the pool area in a manner that will not create or maintain pools 21 of water or a nuisance. In addition, all fill under decks shall 22 be properly tamped and proper supports shall be provided to 23 prevent decks from settling. Roof run-off or other drainage 24 shall not be wasted onto the deck. All areas surroundings the 25 deck shall have surface drainage directed away from the deck 26 area. 27 28 Section 34-35. Diving area and boards. 29 (a) At least fifteen (15) feet (4.57 meters) of free 30 and unobstructed head room shall be provided above diving boards. 31 (b) Placement of diving boards shall observe the 32 following minimum dimensions. With multiple board installations, 33 minimum pool widths must be increased accordingly. 34 1 meter or deck level board to pool side 9'(2.74m) 35 3 meters board to pool side ll'(3.35m) 36 1 meter or deck level board to 3 meters 37 board 10'(3.Olm) 38 1 meter or deck level to another 1 meter 39 or deck level board B'(2.43m) 40 3 meters to another 3 meters board 10'(3.04m) 41 (c) The space between center lines of three-meter and 42 five-meter divinq boards shall be not less than eighteen (18) 43 feet (5.5 meters). The minimum distances from center line of 64 4 five meter and ten meter platforms shall be the same as to side 64 5 walls. 6 4 6 (d) The minimum dimensions in diving areas shall be 647 determined as in Table I of appendix. 648 649 Section 34-36. Steps and ladders. 650 Two (2) or more means of egress must be provided for 651 all pools having a perimeter greater than one hundred (100) feet 652 (30.5 meters) and at least one (1) means of egress for pools less 653 than one hundred (100) feet (30.5 meters). The number and 654 location of such means of egress shall be based on one (1) 655 additional means of egress for each additional two hundred (200) 656 feet (61 meters) of pool perimeter or fraction thereof. The 657 treads of all steps, ladder and stepholes shall be of non-slip 658 construction. When built-in steps constructed, they shall not 659 protrude into the pool and they shall be provided with one or 660 more handrails. 661 662 Section 34-37. Slope of bottom. 663 In water depths of less than five (5) feet (1.5 664 meters), the maximum slope shall not exceed 1:12. In depths 665 greater than five (5) feet (1.5 meters), the slope shall not 666 exceed 1:3. 667 668 Section 34-38. Pool inlets. 669 Where inlets are in pool walls, such inlets shall be 670 spaced not more than nineteen and seven-tenths (19.7) feet 671 (6 meters) on center around the pool perimeter. Where inlets are 672 in the pool bottom, the number of such inlets and location shall 673 be so designed as to insure the proper distribution of filtered 674 water. All inlets, except fresh water inlets and wading pool 675 inlets, shall be at least fifteen (15) inches (38.1 centi- 676 meters) below the overflow level of the pool except for 677 prefabricated gutters with forty-five (45) degree angle inlets in 678 the bottom. Each inlet shall be provided with a means of 679 adjusting flow through a range of at least fifty (50) percent of 680 its design capacity. The control shall be readily accessible. 681 682 Section 34-39. Suction cleaner. 683 A suction cleaner shall be provided. Where a suction 684 cleaner is operated by the recirculating pump, a device shall be 685 provided for throttling the flow(s) from the various pool 686 outlet(s) (main drain, skimmer, surge tank, etc.). The suction 687 cleaner line shall be connected through a hair catcher. Portable 688 vacuum cleaner units shall be provided with outlets near the pool 689 for the discharge of effluent. Hydraulic jet type suction 690 cleaners shall be permitted in lieu of the above where fresh 691 water pressure is thirty (30) psi (2.1 kilograms per centimeter2) 692 or greater and is provided with an approved backflow prevention 693 or anti-siphon device if connected to the public or private 694 potable water supply. 695 696 Section 34-40. overflow gutters, skimmers. 697 (a) Overflow gutters or skimmers shall be provided on 698 the vertical wall of all pools, and so designed as to adequately 699 skim the pool surface. 700 (b) Where overflow gutters are used, they shall extend 701 completely around the swimming pool, except at steps or recessed 702 ladders. The overflow gutter shall also serve as a handhold. 703 This gutter shall be capable of continuously removing sixty (60) 704 percent or more of the recirculated water and return it to the 705 filter. All overflow gutters shall be connected to the 706 recirculation system through a properly designed surge tank. The 707 gutter, drains, and return piping to the surge tank shall be 708 designed to rapidly remove overflow water caused by recirculation 709 displacement, wave action, or other causes produced from the 710 maximum pool bathing load. The opening into the gutter beneath 711 the coping shall not be less than four (4) inches 712 (10 centimeters) and the interior of the gutter shall be not less 713 than three (3) inches (7.62 centimeters) wide with a depth of at 714 least three (3) inches (7.62 centimeters). When large gutters 7 15 are used@, they shall designed to 2, utlets shall 716 rapment of bathers' ar The overflow outleL5 e be at least 717 r)rovided with outlet pipes which shall in an 718 tw (5.08 ce he outlet east equal 719 have a Cl at 1 720 to half (i 1/2) times t onal area of the 721 722 (C) ey sball e I)rovided at 723 r per forty 724 725 M( 1 surface or less, s aced so as to rovvilcde m,,,axi,,m,,u-,m, 726 - surface. 727 (1) Skimmer throats shall not be 2reater than the --Mirs ten inches 728 729 (25.4 centimeters ion 730 (2) Skimmer weirs shall be aut, 731 variations j. wter level over a mi --i r, 732 733 A removable basket -r screen t- tra lar e solid 734 matter shall 735 The outlet Pipe from each sk.-er shall contain a 736 device for re ulatin the flo. f water from the 737 skimmer throu hut the etie flo. rate ran e from 738 the de 739 (5) T e water ,elcit thru h the ski-e@ shall not 7 4 0 be less than twent -five 25 allons 7 4 1 .62 liters) r)er milnute nor great 742 five 35 allons 132 liters er minute. 743 744 fety 745 746 Every swimm n ol shall be i ed with the 747 v and rescue which sha 748 accessible at all times. 749 (1) one 1 r more li ht wei ht but trn oles with 750 blunted ends, not less than twelve feet 751 7 5 2 (2) One (1) or more throwing ring buoys oE less than 7 53 fifteen (15) inches (38 centimeters) in diameter 7 54 having a one hundred and fifty (150) pound (68.4 7 55 Kilogram) test line attached of sufficient length 756 to reach twice the width the pool, placed on racks 757 at strategic points adjacent to the pool. 758 (3) A lifeline shall be provided at the break in grade 759 between the shallow and deep portions of the 760 swimming pool, or six (6) inches 1 5 . 2 761 centimeters) of either shallow side of the break 762 with its position marked with visible floats at 763 not greater than seven (7) foot (2.10 meter) 764 intervals. The life line shall be securely 765 fastened to wall anchors or corrosion-resistant 766 materials and of a type which shall be recessed or 767 have no projection which shall constitute a hazard 768 when the line is removed. The line shall be of 769 sufficient size and strength to offer a good 770 handhold and support loads normally imposed by 771 bathers. 772 (4) A readily accessible room or area designated and 773 equipped for emergency care of casualties. 774 Minimum equipment shall be an approved first aid 775 kit and a back board meeting Red Cross standards. 776 (5) A direct dial telephone with numbers for police, 777 fire and rescue shall be readily accessible at all 778 times. 779 (6) Approved signs shall be maintained in a legible 780 manner as follows: 781 (a) Occupant load signs. A sign with clearly 782 legible letters, not less than four (4) 783 inches (10.2 centimeters) high shall be 784 posted in a conspicuous place near the main 785 entrance to a pool which shall indicate the 786 number of occupants permitted for each pool. 787 788 (b) Spa/hot tub pool. The occupant capacity of a 789 spa/hot tub pool shall be based on one (1) 790 bather for every ten (10) square feet (1.9 791 meters2) of pool water surface area. 792 (c) The occupant capacity of all other pools 793 shall be based on one (1) bather for every 794 twenty-seven (27) square feet (2.50 meters2) 795 of pool water surface area. EXCEPTION: 79 6 Occupant capacity requirements do not apply 797 to wading pools. 798 (7) In areas so indicated, signs with clearly legible 799 letters not less than four (4) inches (10.2 centimeters) high 800 shall be posted in a conspicuous place and shall state "NO DIVING 801 ALLOWED." 802 (8) Warning signs for pools using gas chlorine. Pools 803 at which gas chlorine is used for disinfection shall have a 804 conspicuously posted sign on the exterior side of the entry door 805 to the chlorine room, or on the adjacent wall area. In addition 806 to displaying the appropriate hazard identification symbol for 807 gas chlorine, the sign shall state with clearly legible letters 808 not less than four (4) inches (10.16 centimeters) high, "DANGER: 809 GASEOUS OXIDIZER-CHLORINE." 810 (9) Spa hot/tub warning signs. A precautionary sign 811 with clearly legible letters shall be posted in a prominent place 812 near the entrance to a spa pool which shall contain the following 813 language: 814 CAUTION 815 (a) Elderly persons, pregnant women, infants and 816 those with health conditions requiring medical care 817 should consult a physician before entering the spa. 818 (b) Unsupervised use by children under the age of 819 fourteen (14) is prohibited. 820 (c) Hot water immersion while under the influence 821 of alcohol, narcotics, drugs or medicines may lead to 822 serious consequences and is not recommended. 823 (d) Do not use alone. 824 (e) Long exposure may result in nausea, dizziness 825 or fainting. 826 (10) The depth of water in pools shall be marked at one 827 (1) foot increments (30.48 centimeters) and at least every twenty 828 (20) feet (6.1 meters) on both the horizontal deck surface and 829 vertical surfaces of the pool wall. Numerals and letters shall 8 30 be at least four (4) inches (10.16 centimeters) in height and 831 have a good contrast with the pool walls and deck. 832 (11) Fixed and floating platforms in swimming pools 833 shall be constructed with an air space of at least one (1) foot 834 (.3 meters) between the water surface and the under side of the 835 platform. 836 @2 There shall be one elevated lifeguard chair 837 provided for every pool with a depth of over five (5) feet (1.52 838 meters) or two thousand (2,000) square feet (202.99 meters2) of 839 water surface. An additional chair will be required for each 840 additional one thousand (1,000) square feet (92.8 meters2) of 841 water surface. 842 843 Section 34-42. Disinfection equipment. 844 (a) Chemical feeding equipment. Means shall be 845 provided for regulating the feeding of chemicals to the water in 846 the recirculation system. The installation and use of 847 mechanical, automatically operated, positive displacement 848 chemical feeders or dye type chemical feeders is required. 849 (b) Chlorinating equipment. All pools shall be 850 provided with approved chlorinating equipment which shall be 851 capable of applying a dose of not less than ten (10) ppm of 852 chlorine within the turnover time. 853 (c) The use of chlorine gas as a disinfectant shall 854 require the approval of the administrative authority. Such 855 approval will be granted only after it has been demonstrated that 856 the gas chlorinator room or area will be located in a manner 857 which will not adversely affect the safety and health of patrons, 858 pool personnel or the public. Chlorine gas feeding equipment and 859 chlorine gas cylinders and other hazardous chemicals shall be 860 installed in an enclosed space or room, separate from the filter 861 room and electrical panels and shall be equipped with a door 862 capable of being locked. The operating gas cylinder shall be 863 placed on an accurate scale and fastened in place during storage 864 and use. Gas chlorinator rooms shall be equipped with a forced 865 draft fan exhausting to the outside room from the floor level. 866 The exhaust fan shall be capable of providing sixty (60) air 867 changes per hour against the resistance offered by duct work or 868 any other local factors. A fresh air inlet shall be provided 869 near the ceiling. The gas chlorinator shall be protected from 870 direct sunlight. 871 (d) An approved, self-contained gas mask for chlorine 872 or a gas mask with a supply of oxygen under positive pressure or 873 compressed air, either of which have been approved by the Bureau 874 of Mines, in addition to local approval by the fire department, 875 shall be provided where chlorine gas is being utilized. The mask 876 shall be located accessible to, but outside of, the gas 877 chlorinator room. 878 879 Section 34-43. Water heating. 880 Indoor pools shall be provided with water heating 881 equipment thermostatically controlled and capable of maintaining 882 the entire pool contents between seventy (70) and eighty-five 883 (85) degrees F (21 degrees C and 29.48 degrees C). All heated 884 pools, spa and hot tubs shall maintain a minimum halogen residual 885 of 2.0 ppm or mg/l at all times. Spas and hot tubs shall have, 886 on display, a clock and thermometer visible to occupants. Spas 887 and pool water temperature shall not exceed one hundred and four 888 (104) degrees F at any time that it is occupied. 889 890 Section 34-44. Drinking fountain. 891 Each swimming facility shall have at least one drinking 892 fountain within the pool area accessible to patrons. EXCEPTION: 893 Drinking fountains shall not be required when drinking water is 894 available at adjacent living quarters, or in an adjacent building 895 such as a bathhouse, cabana, clubhouse, or recreation facility. 89 6 897 Section 34-45. Showers, water closets, lavatories, etc. 898 Adequate showers, water closets and lavatories shall be 899 provided Eor each sex, calculated on an even distribution of the 900 sexes at the time of maximum bathing load. The part of the 901 structure containing the showers, water closets, urinals and 902 lavatories shall be designed so that these facilities shall be in 903 the line of travel used by the patrons prior to entering the pool 904 area and shall be provided with an entrance an a separate exit 905 opening directly to the pool deck; however, such exit shall not 906 be near the deep portion of the pool. All sewage generated from 907 the operation of a swimming facility must be discharged into an 908 approved sewage treatment facility or individual sewage disposal 909 system. 910 Floors for all dressing rooms, showers, toilets and 911 lavatories shall have a minimum pitch of-1:48 to the drains with 912 no low spots which will allow water to stand. Such floors shall 913 be smooth but must have non-slip finish and the room shall be 914 ventilated so that the floors do not remain damp or wet. Walls 915 and floors for all dressing rooms, toilet rooms and lavatories 916 shall be of waterproof, easily cleanable materials. 917 (1) Dressing rooms. Separate dressing rooms may be 918 provided for both sexes. When provided, metal 919 lockers, wire baskets, hooks or other sanitary 920 means of storage of clothing and personal 921 accessories shall be provided. All storage 9 22 containers for clothing shall be kept clean and 923 sanitary. 924 (2) Showers. Showers shall be provided in the 9 2 5 proportion of one for each forty (40) persons at 9 26 the time of maximum load. Each shower shall 927 supply an adequate quantity of tempered water. 928 Water from each shower shall be provided with 929 suitable facilities for making soap available. 930 (3) Toilets. Toilet facilities shall be provided in 931 the proportion of one (1) water closet for each 9 32 forty (40) females at the time of maximum load. 9 3 3 One (1) water closet and one (1) urinal shall be 934 provided for each sixty (60) males at the time of 935 maximum load. The urinals and water closets shall 936 be so located that the bathers will pass by them 937 on their way to the swimming pool. Computations 938 shall be based on the premise that at the times of 939 maximum load, one-half of the bathers will be male 940 and one-half will be female. 941 (4) Lavatories. Lavatories shall be provided in the 942 proportion of one (1) for each sixty (60) persons 943 expected at the time of maximum load. Each 944 lavatory shall be provided with suitable 945 facilities for making soap available. 946 (5) Items A through D shall not apply when bathers 947 have access to these facilities either in living quarters located 948 not more than five hundred (500) feet (152.4 meters) in travel 9 4 9 distance from the pool, or in an adjacent building such as a 950 :recreational facility, clubhouse or cabana. 951 (6) Mirrors. mirrors, if provided, shall be 952 constructed of stainless steel or acrylic. Glass mirrors will 953 not be permitted. 954 955 Section 34-46. Entrances and exits. 956 All outdoor swimming pool areas shall be completely 957 enclosed with an approved fence, or equivalent barrier, at least 958 four (4) feet (1.22 meters) high and shall have at least one (1) 959 gate of four (4) feet (1.22 meters) minimum width. Gates in this 960 enclosure shall be self-closing and shall have latches with locks 961 at least three (3) feet (.9 meter) above the surface. Emergency 962 and service gates having horizontal opening of eight (8) feet 963 (2.44 meters) shall be provided. Additional fencing or locks, 964 within the pool area, may be required for safety reasons at the 965 discretion of the administrative authority. 966 967 968 Section 34-47. Spectators/spectator areas. 969 (a) Spectator areas shall be so separated from the 970 pool area so that spectators do not have access to the pool area. 971 Spectator balconies shall not overhang any portion of the pool 972 surface. 973 (b) No person in street shoes shall be allowed on the 974 deck area within five (5) feet (1.5 meters) of the water except 97 5 the operating personnel, the administrative authority or 97 6 personnel engaged in repair work. Exceptions may be made for 977 those participating in swimming meets, but in no event shall 978 spectators in street clothing at these meets be permitted on any 979 part of the deck area draining into the swimming pool. 980 981 Section 34-48. Wading pools. 982 (a) The slope of the bottom of any wading pool shall 983 be no greater than 1:15 nor less than 1:40. 984 (b) Wading pools shall be so designed that no 985 obstructions are within an area bounded by a line five (5) feet 986 (1.5) meters outside of the pool perimeter. 987 (c) Wading pools shall be separated from the main pool 988 by a fence with a gate, or other suitable barrier at least four 989 (4) feet (1.22 meters) high. 990 (d) Wading pools shall be provided with-their own 991 water return line to provide an adequate flow of chlorinated 992 water, or shall have a filter system completely separate from the 993 main pool with a turnover of two (2) hours or less. 994 (e) Wading pools shall be required to have a vacuum 995 line. 996 997 Sections 34-49--34-60 reserved. 998 999 ARTICLE III 1000 OPERATION 1001 Section 34-61. Conditions and equipment. 1002 All equipment shall be maintained in satisfactory 1003 operating condition during operation of a public pool. I 10 04 1005 Section 34-62. Clarity of water. 1006 When a public pool is open in use, the water shall be 1007 suf f iciently clear to permit a disc six (6) inches 1008 (15.24 centimeters) in diameter, divided into alternate black and 1009 white segments, and placed on the bottom of the pool at the 1010 deepest point, to be clearly visible from the pool deck at all 1011 distances up to ten (10) yards (9.14 meters) in a horizontal 1012 direction from the projection of the disc on the pool surface. 1013 The disc shall be available on premises at all times or may be 1014 permanently affixed to the bottom of the pool in the deepest 1015 area. 1016 1017 Section 34-63. Water treatment. 1018 (a) Chemicals other than chlorine, bromine, 1019 hypobromous acid, sodium hypochlorite, calcium hypochlorite, 1020 muriatic acid, lime soda ash, sodium bicarbonate, aluminum 1021 sulfate (alum), cyanuric acid and sodium bisulfate shall not be 1022 used to treat swimming pool water without written permission from 1023 the administrative authority. 1024 @b The impounded water shall at all times be treated 1025 in a manner which will prevent the growth of algae and the 1026 breeding of mosquitoes or other vermin. 1027 (c) When the unheated swimming pool is open for use, a 1028 minimum of 1.0 ppm (parts per million) free chlorine residual 1029 shall be maintained in all parts of the pool. 1030 (d) When the swimming pool is open for use, the pH of 1031 the pool water shall be kept between 7.2 and 7.8 with a minimum 1032 total alkalinity of 80 ppm, calcium hardness of 150 ppm. 1033 (e) Approved test kits for all tests required in this 1034 ordinance shall be available and in good working condition at all 1035 times. 1036 (f) The operator or manager of each swimming pool 1037 shall maintain and operate all mechanical equipment in a safe and 1038 proper manner. 1039 1040 Where cyanuric acid is used as a stabilizing agent 1041 for residual chlorine, or if the source of residual chlorine is 1042 from a chlorinated cyanurate, a chlorine residual of at least 1.5 1043 ppm shall be maintained with cyanuric acid residuals of at least 1044 40 ppm. 1045 (h) The operator or manager of each swimming pool 1046 shall cause an adequate supply of chemicals for the proper 1047 treatment of pool water to be on hand and available for use at 1048 all times. 1049 (i) Protective clothing, i.e. respirators, face masks, 1050 rubber gloves and aprons or coveralls shall be provided for 1051 personnel handling chlorine chemical compounds and other caustic 1052 chemicals. 1053 1054 Section 34-64. Records. 1055 Record forms supplied by the administrative authority 1056 shall be maintained up to date and shall be available for 1057 inspection while the pool is in use and shall be retained for a 1058 period of three (3) months. 1059 Disinfection test, i.e. free chlorine residual and pH 1060 tests, shall be made and recorded at least once every two (2) 1061 hours while the pool is in operation. Alkalinity and calcium 1062 hardness tests shall be made and recorded at least weekly. 1063 1064 Section 34-65. Placards. 1065 Placards approved by the administrative authority and 1066 covering personal health and safety regulations shall be posted 1067 within the swimming facility. Areas restricted to operating 1068 personnel shall be prominently identified. Signs warning 1069 employees of emergency procedures to be followed in case of 1070 exposure or contact with hazardous materials shall be posted in 1071 the room or area where such hazardous materials are stored and/or 1072 used. 1073 1074 Section 36-66. Food and drink area. 1075 Any person in the process of eating or drinking shall 1 076 be restricted to the area designated for the preparation and 1077 serving of food and drink. This area shall be at least ten (10) 1078 feet (3.05 meters) from the pool edge. 1079 1080 Section 34-67. Cleaning and maintenance. 1081 (a) All parts of the pool and related pool facilities 1082 and equipment shall be kept clean and maintained in good repair. 1083 Floors shall be kept free from cracks and other defects. Walls,. 1084 ceilings, partitions, doors, lockers and similar surfaces and 1085 equipment shall be refinished in a manner acceptable to the 1086 administrative authority as often as necessary to be kept in good 1087 repair. 1088 (b) Hoses shall be provided for regular flushing and 1089 cleaning. The whole pool area shall be kept clean, sanitary and 1090 free of litter and vermin. 1091 (c) Toilets, urinals, showers, wash basins and other 1092 plumbing fixtures shall be maintained in a clean condition, and 1093 in good repair. 1094 (d) General housekeeping and health spa facilities. 1095 All floors, walls, ceilings, showers, bathtubs, saunas, steam and 1096 vapor rooms, cabinets, toilets, stalls and other physical 1097 facilities of the health spa must be in good repair and 1098 maintained in a clean and sanitary condition. All equipment and 1099 fixtures shall be thoroughly cleaned and effectively disinfected 1100 as often as needed to prevent the development of algae, Eungi, 1101 mildew, mold or bacteria which may endanger the public safety or 1102 health. 1103 1104 Section 34-68. Precautions relative to communicable diseases. 1105 Any person having an obvious skin disease, nasal or ear 1106 discharge, inflamed eyes, or any communicable disease shall be 1107 excluded from the swimming facility. 1108 1109 1110 Section 34-69. Boisterous and rough play. 1111 Boisterous and rough play or running at any swimming 1112 facility is prohibited. Regulated water sports may be permitted 1113 under adequate supervision. 1114 1115 Section 34-70. Lifeguards. 1116 There shall be at least one (1) lifeguard on duty at 1117 all times when the pool is of two thousand (2,000) square feet 1118 (185.79 meters2) of water surface or more and when open for use. 1119 Pools which are less than two thousand (2,000) square 1120 fee (185.79 meters2) shall have on duty, a designated adult as a 1121 lifeguard whose sole duty is observation and protection of 1122 bathers except that: 1123 A pool of less than one thousand (1,000) square feet 1124 (92.89 meters2) may be used by adults, or children supervised by 1125 adults, without a designated lifeguard, provided it is posted as 1126 follows: WARNING: No lifeguard on duty. Children under the age 1127 of fourteen (14) should not be allowed to use a pool without an 1128 adult in attendance." 1129 Any individual retained as a lifeguard for pools of two 1130 thousand 2 , 00 0 )square feet (185.79 meters 2) or more shall 1131 possess a current certification for meeting the standard of a 1132 life saver as recommended by the American Red Cross, Y.M.C.A. or 1133 other accredited agency for lifesaving personnel. 1134 The ratio of lifeguards to bathers shall be one (1) 1135 lifeguard on duty for the first seventy-five (75) bathers and an 1136 additional lifeguard for every additional fifty (50) bathers, or 1137 fraction thereof. Lifeguards shall wear distinguishing emblems 1138 or clothing while on duty. 1139 1140 Section 34-71. Laundering. 1141 Bathing suits, towels and other reuseable cloth 1142 materials furnished by a pool shall be properly laundered so as 1143 to be sanitary before being issued to bathers. 1144 1145 1146 Section 34-72. Animals. 1147 Animals, fowl and/or pets shall not be permitted within 1148 the swimming facility. This section shall not apply to workin2 1149 dogs, such a8 seeing eye dogs. (L) tn (n U) w w 0 M 0 d) 0 0 00 co 41 ba 10 cq C4 CD mC) 0 > > 0CQ U) 'A $4 $4 :xu u, p 0) a) G) 4i i 4J a) - Q) - 4i N rg = U) CD 0 a 10 - ,c 10 m 'o- 0C> 0, 0 D C) 4JW .00 C?, eq C-4 U) u) pa 41 w ,q i 41 0) S rg o CD 4, Ln (-j C) V) 14 .H 41 M 0 V) 'A to vi $4 41 w w d) (1) d) 0) 4J 4 0 41 41 r. rz L,) CD cn 4J 04 10- 'o- mm P4 00 .M Ci In rq cq 4i 41 4i rg e C) 1) 10 Lr) C:.0 4J 0 0 0 041 0.0 0 0 Ei 41 41 00 CD- CD d)0 r4 W. PQ CD - 0 - C4 c,) l LnO00 al 0 N m .1 010 w al0m 'o r- w 0, 0 - Nm -T @ L) - ) @ @ D D D D O o10 D@ 10@ r- -00 00 00 m co - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 18 5 186 Adopted by the Council of the City of Virginia Beach, 187 Virginia, on the - 2nd day of February -, 1987. 188 CJS/lmt 189 01/20/87 190 CA-86-1601 191 (ordin\proposed\chap34.pro) 192 I - 38 - Item IV-J.5 CONSENT AGENDA ITEM # 26822 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance to transfer funds from Project 3-958, (Correctional Genter Study-Preliminary Place), to Project 3-964 in the amount of $97,900, for renovation of Virginia Beach Circuit Court Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 38a - 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER FUNDS FROM 8 PROJECT 3-958 TO PROJECT 3-964 IN 9 THE AMOUNT OF $97,900. 0 2 WHEREAS, it has been discovered during the course of 3 renovations to the Circuit Court Building that asbestos is 4 present in some of the ceilings therein; and 5 WHEREAS, it is necessary to remove such asbestos; and 6 WHEREAS, due to the unforeseeability of the presence of 7 asbestos, the original cost estimates of the renovation did not 8 include the removal of such asbestos; and 9 WHEREAS, the removal of asbestos is estimated to cost 0 $ 97 , 9 0 0 . 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of 3 $97,900 be transferred from Project 3-958 (Correctional Center 4 Study-Preliminary Plan) to Project 3-964 (Circuit Court 5 Renovation). 6 7 Adopted by the Council of the City of Virginia Beach, 8 Virginia, on the Second day of February 1987. 9 wmm/lmt 0 01/21/87 1 CA-86-02129 2 (ordin\proposed\funds.pro) - 39 - Item IV-J.6. CONSENT AGENDA ITEi'4 # 26823 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED upon FIRST RFADING: Ordinance to appropriate funds in the amount of $2,900 from the Division of Litter Control for the Clean Community Program and increase revenue from the Commonwealth by a like amount. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Councilwoman Parker ABSTAINED as she is a Member of the Clean Community Commission. - 39a - AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $2,900 FROM THE DIVISION OF LITRER CONTROL FOR THE CLEAN COMMUNITY PROGRAM WHEREAS, the City Council of Virginia Beach, Virginia recognizes the existence of the litter problem within the City, and WHEREAS,' the Litter Control Act of 1976 provides the Department of Conservation and Economic Development, Division of Litter Control, grants for the purpose of enhancing local litter control programs, and WHEREAS, the Virginia Beach Clean Community Program is in its ninth year of funding under this program, and WHEREAS, the Division of Litter Control has awarded the City an additional $2,900 for the fiscal year 1986-87 for the purposes stated below: 03302 Public Relations and Publicity $ 2,200 03403 Photographic Services 400 05201 Postage 300 $ 2,900 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in tbe amount of $2,900 be appropriated for an expansion of the Clean Community Program within the City, and BE IT FURTHER ORDATNED that revenue from the Commonwealth be increased by $2,900. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1986. First Reading: February 2, 1987 C 4T Second Reading: CSR/CLEANORD - 40 - Item IV-J.7 CONSENT AGENDA ITEM # 26824 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED upon FIRST READING: Ordinance to appropriate $70,000 for the lease/purChase of a motor grader for the Public Works Department. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE @70,000 FOR THE LEASE/PURCHASE OF A MOTOR GRADER FOR TI[E PUBLIC WORKS DEPARTMENT WHEREAS, the City of Virginia Beach in order to maintain the health, safety and welfare of its citizens provides refuse collection and disposal services, and WHEREAS, the Department of Public Works, Bureau of Refuse Disposal disposes of approximately 350,000 tons of refuse annually accounting for over 130,000 vehicle trips into and out of the Landfill, and WHEREAS, in order to provide access to the landfill, daily maintenance of the roadways into and out of the landfill is necessary, and WHEREAS, the present motor grader utilized for this operation is inoperable and can not be repaired and there is an immediate need for replacement at an estimated cost of $70,000, and WHEREAS, funding for the purchase can be provided from the proceeds of a lease/purchase agreement, and WHEREAS, under the Southeastern Public Service Authority (SPSA) Ash and Residue Contract, SPSA will reimburse the City for the lease/purchase of any capital equipment associated with landfill operations. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $70,000 are to be appropriated for the Public Works operating budget from estimated revenue from capital outlay proceeds, for the lease/purchase of a motor grader to provide continued access to the landfill. This ordinance shall be in effect from the date of its adoption. Adopted by the C6uncil of the City of Virginia Beach, Virginia on the day of 1986. First Reading: February 2, 1987 Second Reading: I - 41 - Item IV-J.8 CONSENT AGENDA ITEM # 26825 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance appointing viewers in the petition of Curtis E. and Nancy C. White for the closure of a portion of Marshview Drive The Viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott Director of Planning Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None -41a - WHEREAS, Curtis E. and Nancy C. Whito have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the day of , 1987, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT, c al L@e r Scott and David G are hereby appointed to view the below described property and report in writing to the Council on or before 1 1986, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of those certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: THAT CERTAIN portion of MARSHVIEW DRIVE a 50' right-of-way (formerly Charleston Avenue) lyinq south of Preserve Drive (formerly Tenth Street), beginning at a Point located at the intersection of the Western right-of-way line of Marshview Drive and the Southern right-of-way line of Preserve Drive, which point is the Northeast corner of Lot 24, Block 14, Lakeview (M.B. 7, P. 131), now known as Salt Marsh Point, thence from said point of beginning S 831 24' 21" E. a distance of 50.00 feet to a Point on the eastern right-of -way line of Marshview Drive; thence S_06- 35' 39" W a distance of 100-00 feet alon the eastern right-of-way line of Marshviegw Drive to a point, thence N 83. 24' 21" W a distance of 50.00 feet to a pin at the southeast corner -1- - 41b - of Lot 24, Block 14, Lakeview; thence N 06- 35' 39" E a distance of 100-00 feet along the western right-of-way line of Marshview Drive to the Point of Beginning as shown on that certain plat entitled "STREET CLOSURE PLAT, 50' x 100' PORTION OF MARSHVIEW DRIVE ADJOINING AND ADJACENT TO LOT 1, BLOCK 15 and LOT 24, BLOCK 14 LAKEVIEW," dated October 15, 1986, and prepared by Gallup Surveyors & Engineers, Ltd. All of the above as shown upon that certain plat entitled, "STREET CLOSURE PLAT, 50' x 100, PORTION OF MARSHVIEW DRIVE ADJOINING AND ADJACENT TO LOT 1, BLOCK 15, and LOT 24, BLOCK 14 LAKEVIEW, M.B 7, P. 131, NOW KNOWN AS SALT MARSH POINT, Lynnhaven Borough, Virginia Beach, Virginia.", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedesc,ibed street. ADOPTED: February 2, 1987 0152i I -1- 41C Guy, CRomwELL, BETZ & LUST10, P. C. R- D. 0- W,". L..,.. ATTO)INEYD -D Co%jxsxLoRs @T LAw Ro-- S. C..--@j.. T.@ F. B.-, J.- O-.. P- B"- R. B-.. J.- j@, B. H--. P..- 0--T- IP- F-. T.--- j@ M. C.-- TX- S. @. R. B-@ B.-, V-.- B-=, Vin.- 0.... M. V.., .@. d, F" R- M. D.. D.-, J.. C, E.- A,,,,- December 29, 1986 I, R. Edward Bourdon, Jr., attorney for Curtis E. and Nancy C. White do hereby certify that: 1. I am an attorney at law and represent Mr. and Mrs. White. 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said street will vest in the owner of the fee in the street which was reserved at the time said streets were dedicated and plats put to record. The record owners of the reserved fee interest are Hudgins and Associates, Inc. 3. The portion of street to be closed, referred to herein is described as follows: THAT CERTAIN portion of MARSHVIEW DRIVE a 50' right-of-way (formerly Charleston Avenue) lying south of Preserve Drive (formerly Tenth Street), beginning at a point located at the intersection of the Western right-of-way line of Marshview Drive and the Southern right-of-way line of Preserve Drive, which point is the Northeast corner of Lot 24, Block 14, Lakeview (M.B. 7, P. 131), now known as Salt Marsh Point, thence from said point of beginning S 83, 24' 21' E. a distance of 50.00 feet to a point on the eastern right-of-way line of Marshview Drive; thence S 061 35' 39" W a distance of 100.00 feet along the eastern right-of-way line of Marshview Drive to a point, thence N 831 241 21' W a distance of 50.00 feet to a pin at the southeast corner of Lot 24, Block 14, Lakeview; thence N 061 35' 39" E a distance of 100.00 feet along the western right-of-way line of marshview Drive to the Point of Beginning as shown on that certain plat entitled 'STREET CLOSURE PLAT, 50' x 1001 PORTION OF MARSHVIEW DRIVE ADJOINING AND ADJACENT TO LOT 1, BLOCK 15 and LOT 24, BLOCK 14 LAKEVIEW,' dated October 15, 1986, and prepared by Gallup Surveyors & Engineers, Ltd. 'GUY, CROMWELL, BETZ & LUSTIG, P.C. ar Bour on, Jr. - 42 - Item IV-J.9 CONSENT AGENDA ITEM # 26826 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTFD: Ordinance inviting bid proposals for the lease and subsequent development and operation of certain City-owned real property as an executive-type golf course Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 42a - AN ORDINANCE INVITING BID PROPOSALS FOR THE LEASE AND SUBSEQUENT DEVELOPMENT AND OPERATION OF CERTAIN CITY-OWNED REAL PROPERTY AS AN EXECUTIVE-TYPE GOLF COURSE WHEREAS, The City of Virginia Beach owns a 30.681+ acre parcel of undeveloped land on the west side of South Birdneck Road north of Bells Road and opposite the Owls Creek Lane intersection and more specifically identified as parcel 462c in Map Book 162 at page 15 as recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach; and WHEREAS, it is deemed desirable to have this property developed and operated as an executive-type golf course, to wit: a course (1) being from 500 to 2,000 yards in length and (2) containing a par of 28 to 30, both for nine holes; and WHEREAS, such a use would be consistent with existing zoning and conditional uses for the property; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to invite public competitive bids pursuant to Section 15.1-307, et seq., of the Code of Virginia for the lease of this property for a term of forty (40) years and for the express purpose of developing and operating an executive- type golf course as described above. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of February 1987. THIS LEASE, made this day of 1987, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (Lessor) and (Lessee). Section one Demise of the Premises Lessor hereby leases to Lessee, for the purpose of developing and operating an executive-type golf course, a 30.681+ acre tract of land identified as parcel 462c in map Book 162 at page 15 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The property is further described in Exhibit "All attached hereto. Section Two Term and Rent The term of this Lease shall be for a period of forty (40) years. In consideration thereof, Lessee shall pay the sum of rent to Lessor each year such lease is in effect. Such sum shall be payable to the Treasurer, City of Virginia Beach, and tendered to the Director Of the Department of Finance annually, on or before April 1st of each year. Section Three Uses Lessee shall not use or permit the property or any part thereof to be used for any purpose other than the purpose for which the demised property is being leased, to wit: development and operation of an executive-type golf course as defined by the National Golf Foundation, Inc. The National Golf Foundation defines an executive-type golf course as, among other things, (1) being from 500 to 2,000 yards in length and (2) containing a par of 28 to 30, both for nine holes. If at any time the Lessee ceases to utilize the property or any portion thereof for such purpose, the property shall revert to the Lessor and this Lease shall automatically terminate. Section Four Subletting and Assignment Lessee may not sublet the property in whole or in part without Lessor's consent at any time during the term hereof. Lessee may not asign this Lease without the express, written consent of the Lessor. Any such assigriment shall be void and will constitute grounds for termination hereof. The provisions hereof may not be changed except by a writing of equal dignity signed by both parties hereto. -2- Section Five Construction of Improvements Lessee shall have the right to make such alterations, improvements, and changes to the property as are consistent with its intended use. Likewise, Lessee may, upon written approval by the Lessor, construct new structures on the property should same become necessary. Any alterations, improvements, and changes to the property or any new structure(s) constructed on the property shall become the property of the Lessor at the termination of this Lease for whatever reason. Should the Lessor terminate this Lease based upon Sections Three, Four, Nine or Eleven, the Lease shall terminate and the Lessor shall not be liable to Lessee in any amount for any improvements, alterations, additions, or new structures on the premises. Section Six Hold Harmless Clause The Lessee shall indemnify, hold harmless, and defend the Lessor, its employees, agents, and assigns from and against all losses and costs incurred as a result of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description which are brought or recovered against the -3- Lessee or the Lessor, its employees, agents, and assigns by reason of any act or omission by either the Lessor or the Lessee or their respective agents, employees, or assigns respecting the operation, use, and maintenance or the property referred to herein. Section Seven Insurance The Lessee shall obtain comprehensive general liability insurance in an amount not less than $500,000 combined single limit insuring the Lessor and Lessee as their interests appear herein. Such insurance shall be with a company acceptable to the Lessor. Section Eight Liens Unless the Lessor so consents in writing, the Lessee shall keep all the premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all liens, mortgages, deeds of trust, or any other instrument evidencing an encumbrance on the property by the Lessee. -4- Section Nine Nuisance The Lessee shall not commit or suffer to be committed any waste on the premises or any nuisances. Failure to comply with the above shall allow Lessor to terminate this Lease. Section Ten Severability In the event any provision(s) of this Lease or portion thereof is found to be invalid for any reason by a court of competent jurisdiction, the remaining provisions of this Lease shall remain in effect. Section Eleven Default In the event Lessee fails to fully comply with any of the provisions of this Lease or should Lessee fail to comply with any federal, state, and municipal laws, ordinances, regulations, and easements relating to the demised property or the business conducted thereon, or in the event Lessee is liquidated, or in the event the property is deserted or abandoned for a period of thirty (30) days or more, the Lessor shall have the right, in addition to all of the rights and remedies provided by law or -5- reenter equity, after five (5) days written notice to Lessee, to . the Premises peacefully or by force and to retake possession thereof and to terminate this Lease. In the event of such termination, Lessor may relet the premises in whole or in part for the unexpired portion of the term hereof and Lessee shall be obligated to reimburse Lessor for any difference between the rent payable hereunder and that collected by the Lessor by such reletting. Failure by the Lessor in any one or more instances to insist upon the strict observance of any term, covenant, condition, or provision of this Lease shall not be deemed a waiver of any such term, covenant, condition, or provision. CITY OF VIRGINIA BEACH, VIRGINIA By By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such -6- are signed to the foregoing LEASE, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1987. Notary Public MY Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that President of whose name is signed to the foregoing LEASE, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1987. otary Public MY Commission Expires: -7- - 43 - Item IV-J.10 CONSENT AGENDA ITEM # 26827 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED: BINGO/RAFFLE PERMITS Boys Baseball of Lynnhaven, Inc. Bingo James K. Cole Memorial Scholarship Fund Bingo/Raffle Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Norie Item IV-J.11 CONSENT AGENDA ITEYI # 26828 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $13,973-75 upon application of certain persons and upon certification of the City Treasurer for Payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 44a - RM NO. C.A. 7 1/21/87 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Dato Penalty lnt. Total Year of Tax Number tion No. Paid William & Christine Boone 87 RE(]/2) 9961-4 11/13/86 449.20 OGM Retirement 85 RE(2/2) 104773-3 5/17/85 4,991.36 Bay Savings Bank 87 RE(1/2) 40561-3 11/18/86 87.80 AT&T Communications of VA 87 RE(1/2) PS-RE #1 12/3/86 44.00 Robert E Wiseman 86 pp 233059-2 12/31/86 1.20 Robert E Wiseman 86 pp 233060-9 12/31/86 3.32 East Coast Corp 86 pp 47492-2 50193 6/5/86 320.28 Dominion Bankshares Auto 86 pp 194364-6 50145 11/25/86 171.78 Kenneth E Shaner 86 pp 145863-5 50204 12/12/86 100.09 Edward L & Dixie Davis 86 pp 193180-0 50246 12/5/86 218.76 Dominion Bankshares Auto 86 pp 194367-3 50147 11/17/86 307.50 Martha B M Smith 86 pp 150366-7 50211 5/15/86 41.10 Gift of Life Outreach 86 pp 61449-7 49853 10/31/86 176.33 J C Driskill Inc 86 pp 82333-2 50018 6/5/86 32,38 Ennlich & Radin PC 86 pp 49926-4 50341 9/18/86 120.08 Clara T Parker 86 pp 124342-1 50184 6/5/86 234.00 Harris Customer Support Div 85 pp 195398-4 50338 11/22/85 6,155.04 Kathleen M Galway 84 pp 55292-9 50176 6/1/84 18.06 Paradyne Corp 85 pp 120979-0 50191 6/5/85 134.40 George J Malkoch Sr 86 pp 102683-4 50226 11/25/86 58.79 Nancy M Hartman 86 pp 72057-7 50215 6/3/86 222.78 Tamara J Horner 86 pp 78751-3 50296 6/3/86 70.50 Barbara Aube N/A Pkng 121000 12/18/86 10.00 Elizabeth A Etheridge 87 Dog 12236 1/7/87 5.00 Total 13,973.75 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; were approved by the Council of the City of Virginia Beach on the 2 day of r . 1987 john T. Atkinson, Tre@ Approved as to fom: Ruth Hodges Smith City Clerk - 45 - Item IV-K.1 APPOINTMENTS ITEM # 26829 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the CONSTITUTIONAL CELEBRATION COMMISSION: John Allen J. Roy Alphin Thomas F. Betz, Jr. E. E. Brickell Diana L. Close Samuel Collins James Dobbins Marlene Hagar Carol Garrison Douglas D. Himes Stephen L. Johnson Stephen L. Mansfield Edward A. McLeod Johnnie Miller Jean Neidhardt Derris Raper Crisanto D. Romero Ulysses V. Spiva Hans Wachmeister Kenneth N. Whitehurst, Jr. On January 12, 1987, Lillian B. Youell was named Chairman and Vice Mayor Meyera Oberndorf was appointed Council Liaison. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None This Item was MOVED FORWARD on the AGENDA prior to the PLANNING ITEMS. - 46 - Item IV-L.1 UNFINISHED BUSINESS ITEM # 26830 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council DEFERRED until the City Council Meeting of February 23, 1987: REQUEST FOR WAIVER for on-site perimeter curbing and right-of-way improvements, Mid-Atlantic Marine, on property owned by the Ocean Park Volunteer Fire and Rescue Unit, Inc., a Virginia Non-Profit Corporation. Voting: 11-0 Council tiembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 47 - Item IV-M.1 UNFINISHED BUSINESS ITEM # 26831 The CITY OF VIRGINIA BFACH, VIRGINIA INTERIM FINANCIAL STATEMENT For the Period July 1, 1986 through December 31, 1986 was distributed to City Council. (Said document is hereby made a part of the record.) Giles Dodd, Assistant City Manager for Administration, was in attendance to respond to City Council's inquiries. - 48 - Item IV-M.2. NEW BUSINESS ITEM # 26832 ADD-ON Upon motion by Councilwoman Parker, seconded by Councilman Heischober, City Council RESCHEDULED the City Council Meeting of March 2, 1987 to March 30, 1987, at 7:00 P.M- The City Council Meeting of March 23, 1987, will be scheduled for 2:00 P.M. (Due to the State Code requirement that all Planning Items be heard before City Council within 45 days of the Meeting of the Planning Commission, the Planning items of the March Second City Council Meeting will be listed and advertised for the March Ninth City Council 14eeting.) The City Council Meeting of March 2, 1987 was CANCELED due to the meeting of the NATIONAL LEAGUE OF CITIES In Washington, D.C., to be attended by various Council Members. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 40 - Item IV-M-3- NEW BUSINESS ITEM # 26833 Vice Mayor Oberndorf referenced the chronological correspondence concerning the OCEAN LAKES SITE SELECTION provided by the City Staff and suggested a Committee be selected to review the procedures relative Ocean Lakes in order that same may not reoccur. Vice Mayor Oberndorf suggested the concept be ADOPTED but the Committee not be appointed with this MOTION. Vice Mayor Oberndorf requested a complete fact finding and investigative review be made of the evidence as assembled. The Committee should interview actual participants from both the City and School Staffs. A MOTION was made by Vice Mayor Oberndorf, seconded by Councilwoman Parker that a Committee be appointed to review the OCEAN LAYES dedication of school sites and report to City Council. Although not part of the MOTION, Vice Mayor Oberndorf suggested the CONFLICT OF INTEREST COMMITTEE be considered as an unbiased committee. A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman Baum, to have the City Manager and his staff present to the City Council and the School Board Superintendent present to the School Board and subsequently to City Council a critique of the events relative OCEAN LAKES and how this situation may be avoided in the future. Suggestions may be provided as to how the City Council, City Staff, School Board and School Staff can work together in the future. Voting: 2-8 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum and Harold Heischober Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, Mayor Robert G. "R Jones, eba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker*and John L. Perry Councl Members Abstaining: Robert E. Fentress Council Members Absent: None *Verbal Vote - 50 - Item IV-M-3- NEW BUSINESS ITEM # 26833 (Continued) Upon Motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker a Committee shall be appointed to review the OCEAN LAKES dedication of school sites and report to City Council. Appointments to said Committee shall be made at a future date. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum and Harold Heischober Council Members Abstaining: Robert E. Fentress Council Members Absent: None Council Member Robert Fentress ABSTAINED as he was NEUTRAL in his decision. - 51 - Item IV-M-4 NEW BUSINESS ITEM # 26834 The City Manager distributed information relative the STATUS OF VIRGINIA BEACH LEGISLATIVE PACKAGE. (Said information is hereby nade a part of the record.) Mr. Robert Matthias, Intergovernmental Relations Coordinator, was in attendance to respondence to City Council's inquiries. Item IV-N.1 AWOURNMENT ITEM 26835 Upon motion by Councilman Baum, and BY ACCLAMATTON, City Council ADJOURNED the Meeting at 6:30 P.M- Beverlf'O. Hooks Chief Deputy City Clerk @th Hodgef Smith, CMC e3 City Clerk City of Virginia Beach Virginia