Meeting Minutes for Public Hearing Meeting (06/16/2001)

Public Hearing Meeting
Saturday, June 16, 2001 - - 9:30 a.m.

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Present: Mayor Kerry J. Donley, Vice Mayor William C. Cleveland, Members of Council William D. Euille, Redella S. Pepper, David G. Speck, and Joyce Woodson.

Absent: Councilwoman Claire M. Eberwein.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Mrs. Godwin, Assistant City Manager; Mr. Jinks, Assistant City Manager; Ms. Fogarty, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Urban Planner Farner; Director of Transportation and Environmental Services Baier; City Engineer Baker; Mr. McCobb, Deputy Director of Transportation and Environmental Services; Urban Planner Beeton; Commonwealth's Attorney Sengel; Sergeants Webb and Green and Lieutenant Hayes, Police Department.

Recorded by: Mrs. Beverly I. Jett, City Clerk and Clerk of Council.

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OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present except Councilwoman Eberwein.

2. Public Discussion Period.

(a) Jack Sullivan, 4300 Ivanhoe Place, spoke to the INOVA Alexandria Hospital plans for expansion. He addressed the August 1987 agreement with the Hospital. He asked that the City request the Hospital representatives to sit down with the representatives of the neighbors and the Seminary Hill Association and work things out. Last Wednesday, the Seminary Hill Association passed a resolution setting up a special task force to negotiate with the Hospital. If they find that there is no interest in compromise, they will be forced to take appropriate action.

(A copy of Mr. Fifer's letter dated August 28, 1987, to Sheldon Lynn, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 6/16/01, and is incorporated herewith as part of this record by reference.)

Mayor Donley indicated that he will talk with the Hospital to get them to sit down and effectively negotiate an agreement between you that will cover future expansions. Expansion, particularly of the Emergency Room, is necessary with the closure of hospitals around the region that serve this community as well as INOVA. He noted that the City's EMS Units are constantly on reroute.

Councilman Speck questioned the inclusion of the following language on the Seminary Hill Association Inc.'s Board Meeting agenda for Thursday, June 14: All non-SHA members are requested to leave the meeting at this time. This included guests, the press, and past SHA members who have not paid their 2001 dues prior to 6/14/01. Councilman Speck indicated that he was surprised to see this and questioned if this has always been the regular practice of the Association.

(A copy of the June 14, 2001 agenda is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 2(a); 6/16/01, and is incorporated herewith as part of this record by reference.)

Treasurer Sullivan indicated that he could not speak to that since he had nothing to do with the rulings, and he would have to look at the by-laws. He noted that the Association should be as open as possible.

(b) Nancy Kincaid, 400 Madison Street, #1408, president, Y-ME NCA Breast Cancer Support and Information Organization, noted that since she last spoke before the Council that she has been re-diagnosed with breast cancer which was found by a mammogram. She urged every woman over fifty to have a mammogram, and those under age fifty who are at high risk for breast cancer to have one. She explained the services provided by the Y-ME Organization and spoke to the Resource Guide for Breast Cancer Patients in the National Capital Area. This Resource Guide, which is available at no cost, can be obtained by calling 703-461-9595. She also encouraged persons to call the 24-Hour HOPEline at 703-461-9616 or 1-800-970-4411 which is operated by trained breast cancer survivors. Ms. Kincaid also encouraged women to perform breast self-examinations as an aid to detect breast cancer. Early detection is so important in treating breast cancer.

(Material pertaining to the above is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(b); 6/16/01, and is incorporated herewith as part of this record by reference.)

(c) Judy McVay, 207 North Columbus Street, representing the Coalition for A Sensible Bridge, noted that something has come to its attention recently that concerns the Coalition, and that is, it has heard that the Federal Government is in negotiations with the owners of the Hunting Towers buildings to buy the complex. The Coalition is very much concerned about what's going to happen to the two buildings that are not scheduled to be demolished should the Government succeed in this effort. The Coalition asked the Council to monitor this and to speak on behalf of the 320 apartments in each of the buildings, particularly the ones that are not scheduled to come down, to work on their behalf to keep these buildings and to maintain these apartments as affordable housing.

Mayor Donley reported that the City Manager, the Vice Mayor and the Mayor meet with the bridge consultants, and they have discussed Hunting Towers. It is the understanding that the intent is at this point that just one building is coming down, but he does believe that they are working to acquire the whole property. Their intent, at this point, is to maintain the two remaining buildings as housing. Mayor Donley is not aware of any plan that they have to raze the other two buildings.

(d) Margo Tolliver, 300 Wythe Street, #811, resident of Ladrey High-rise, spoke to a total breakdown of communications with the Alexandria Redevelopment and Housing Authority management, and its lack of concern for the residents. She noted that this is affecting the lifestyle of the residents living there. They have attempted on more than one occasion to bring their concerns to the attention of the Executive Director of ARHA. Mr. Dearman has been asked to attend their meetings to address their concerns, and he has never attended but sends Dr. Morris who they feel is not relaying their concerns to Mr. Dearman. She noted that many people are afraid to speak up because they fear retaliation.

Mayor Donley reported that the Vice Mayor and he meet with the ARHA Board once a month to address issues. He stated that he will raise at the next meeting the lack of communication between ARHA staff and the residents of Ladrey in listening and addressing your needs. Mayor Donley requested Ms. Tolliver to contact his office to let him know when the Ladrey residents would like the ARHA staff to come to meet with them. He indicated that he is going to ask specifically that Mr. Dearman and his staff attend, and, the Mayor will also attend. He said that if Ms. Tolliver and any other resident who is here today that speaks or doesn't speak feel that they have in one way or another, direct or indirect, experienced any retribution because you've come to exercise your right of freedom of speech and your ability to address your grievances to this legislative body, he asked them to call his office to let him know the specifics. This is something that this Council will not tolerate. He noted that Council does not have direct oversight over ARHA, but it does over the ARHA Board. If it does occur, he wants to know about it.

Councilman Euille echoed what the Mayor has said and appreciated all of the residents who came to the meeting. He asked them if they have gone before the ARHA Board to express themselves as they have before Council this morning.

Ms. Tolliver reported that they had and that they were laughed at.

Councilwoman Woodson reported that she personally had attended a meeting where she had addressed one of the staff members because they were being rude. This was during the time she was a member of the ARHA Board. She directed questions to Ms. Tolliver and others present as to what type of retaliation are they afraid of and what has actually happened.

Mayor Donley again requested to know when their next meeting is to be held. He will be there unless something required prohibits him from being there, but he also wants the other Members of Council to at least have the opportunity to attend as well.

(e) Virginia Murphy, 835 North Henry Street, expressed concern about the condition of the public housing unit in which she is living. She reported her concern about rats, termites, sink drain, floors and steps to ARHA and received no response. She then reported them to Code Enforcement which took care of the problems. She indicated that she receives no cooperation from ARHA.

Mayor Donley will bring her specific complaint to ARHA's attention.

Councilman Speck thanked all of the persons for their courage and coming before the City Council to express their issues and concerns with the Housing Authority.

(f) Charles Williams, 300 Wythe Street, #1103, spoke to his concerns about problems with the Housing Authority and the resident manager at the Ladrey Apartments;

(g) Otis Weeks, 300 Wythe Street, #413, president, Ladrey Advisory Board, expressed the concerns of the residents of Ladrey Apartments whom he represents relative to setting up a meeting with ARHA Executive Director Dearman to try to open the lines of communication between the residents and the management of the Housing Authority; and

(A copy of Mr. Weeks’ statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(g); 6/16/01, and is incorporated herewith as part of this record by reference.)

Councilwoman Woodson questioned the item Mr. Weeks spoke about with respect to the two residents at Ladrey not having chairs to sit in while waiting to be transported for dialysis, and asked if this was an ADA violation.

City Attorney Pessoa stated that there may well be a requirement for reasonable accommodation for these tenants. He noted that without looking further into the width of the corridor and a host of other issues, he could not be certain but would be glad to look into it with Code Enforcement if Council requests.

Mayor Donley stated to Mr. Weeks that Council has his letter, and he will take it up with ARHA.

(h) Arnette Jones, 58 Kennedy Street, a Section 8 participant, expressed her concerns about the management of the Housing Authority, and noted that in March of this year, she had received a letter from her landlord stating that the landlord had not received the Housing Authority’s portion of the rent since September 1999.

(A copy of Ms. Jones’ statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(h); 6/16/01, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-17) (33-40)

Planning Commission

Without objection, City Council removed docket item nos. 7 and 10 from the Action Consent Calendar and considered them under separate motions.

3. VACATION #2001-0003 -- 2400 BLK MILL RD; ROBERTS LA -- Public Hearing and Consideration of a request for vacation of public rights-of-way of a portion of the 2400 block of Mill Road, a portion of Roberts Lane from Mill Road north to the railroad and Roberts Lane south of Mill Road for the purpose of street realignment. Applicant: City of Alexandria, Department of Transportation and Environmental Services; and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/16/01, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #2001-0047 -- 2100 MILL RD -- JEFFERSON AT CARLYLE MILL -- Public Hearing and Consideration of a request for a special use permit for a construction staging area for the proposed development; zoned OCM-100/Office Commercial Medium. Applicant: JPI Apartment Development, LP, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/16/01, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #2001-0027 -- 3674 KING ST -- BRADLEE SHOPPING CENTER -- SUBWAY SANDWICH SHOP -- Public Hearing and Consideration of a request for a special use permit to change the ownership and the hours of operation of a restaurant; zoned CG/Commercial General. Applicant: Shah Mahmood Stanczai.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/16/01, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #2001-0033 -- 4401 W BRADDOCK RD -- ST STEPHEN'S & ST AGNES SCHOOL -- DAY CAMP -- Public Hearing and Consideration of a request for a special use permit to operate a summer day camp; zoned R-8/Residential. Applicant: St. Stephen's & St. Agnes School, by Scott A. Seifried.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/16/01, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #2001-0039 -- 4901 BRENMAN PARK DR -- CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-9/Coordinated Development District, Cameron Station. Applicant: Tae (Paul) Park.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/16/01, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #2001-0041 -- 601 KING ST -- CHIPOTLE MEXICAN GRILL -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Chipotle Mexican Grill, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/16/01, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #2001-0049 -- 2003-A MT VERNON AV -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (ice cream parlor) with a reduction of off-street parking; zoned CL/Commercial Low. Applicant: Laura Wheeler and Ann Williams.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/16/01, and is incorporated herewith as part of this record by reference.)

12. ENCROACHMENT #2001-0004 -- 601 ORONOCO ST / N ST ASAPH ST -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a brick wall, including a new brick wall replacing the existing wood fence; zoned RM/Residential. Applicant: Mark J. Kington and Ann A. Kington, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/16/01, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

13. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to authorize an encroachment into the public sidewalk right-of-way for a brick wall at 601 Oronoco Street.

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/16/01, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 6/12/01, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

14. DEVELOPMENT SPECIAL USE PERMIT #2001-0010 -- 3750 JEFFERSON DAVIS HY -- ALEXANDRIA TOYOTA -- Public Hearing and Consideration of a request for a development special use permit amendment to add service bays to the rear of the site for the existing automobile sales facility; zoned CDD-7/Coordinated Development District, Rt. 1 Properties. Applicant: Alexandria Toyota, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/16/01, and is incorporated herewith as part of this record by reference.)

15. SPECIAL USE PERMIT #2001-0040 -- 501 E MONROE AV -- GOLD CRUST BAKING COMPANY -- Public Hearing and Consideration of a request for a special use permit amendment to change the hours of operation of a bakery and to allow loading operations to occur outside the building; zoned CSL/Commercial Service Low. Applicant: Paul Christou and/or Nausika Christou Lyubinsky.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/16/01, and is incorporated herewith as part of this record by reference.)

16. ENCROACHMENT #2001-0003 -- 1611-1617 KING ST -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a brick retaining wall and parking spaces; zoned OCH/Office Commercial High. Applicant: Naval Reserve Association, by Bob Lyman.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/16/01, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS (continued)

17. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to authorize an encroachment into the public sidewalk right-of-way for a brick wall and parking spaces at 1611-1617 King Street.

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/16/01, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 6/16/01, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council approved the Action Consent Calendar with the exception of docket item nos. 7 and 10 which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the Planning Commission recommendation. Donald Allen, chair, Rodger Digilio and Judy Lowe were appointed as Viewers.

4. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

11. City Council approved the Planning Commission recommendation.

12. City Council approved the Planning Commission recommendation.

13. City Council Introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 26, 2001.

14. City Council approved the Planning Commission recommendation.

15. City Council approved the Planning Commission recommendation.

16. City Council approved the Planning Commission recommendation.

17. City Council Introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 26, 2001.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Euille "aye" Eberwein absent
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

7. SPECIAL USE PERMIT #2001-0038 -- 608 N ST ASAPH ST -- SAUL CENTER -- QUIZNO'S SUBS -- Public and Consideration of a request for a special use permit to operate a restaurant; zoned CRMU-X/Commercial Residential Mixed Use, Old Town North. Applicant: The Aisling Corporation, by Joseph S. McCarthy.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/16/01, and is incorporated herewith as part of this record by reference.)

Councilman Speck removed this item from the consent agenda to add a condition regarding employee parking.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation with the addition of condition #20 as follows: “#20. Employees who drive to work are required to use off-street parking.” The voting was as follows:

Speck "aye" Eberwein absent
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

10. SPECIAL USE PERMIT #2001-0045 -- 34 S REYNOLDS ST -- REYNOLDS STREET BAR AND GRILL -- Public Hearing and Consideration of a request for a special use permit to add a patio dining area to the existing restaurant; zoned CG/Commercial General. Applicant: Dimitri Alexakis.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/16/01, and is incorporated herewith as part of this record by reference.)

Councilwoman Woodson, Planning and Zoning Deputy Director Ross, Code Enforcement Director Dahlberg and City Attorney Pessoa participated in a discussion regarding ADA compliance for this restaurant.

City Manager Sunderland stated that staff will go to the site during the week, take a look at what’s required, if they are not in compliance, staff will get them into compliance.

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and noted that there was a discussion about the ADA compliance, and staff will go look at compliance. The voting was as follows:

Woodson "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Euille "aye"
Speck out of room

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. SPECIAL USE PERMIT #2001-0043 -- 1218-1224 PRINCESS ST -- HOPKINS HOUSE -- Public Hearing and Consideration of a request for a special use permit amendment to add a day nursery in a school building and to increase the hours of operation until 7:00 PM; zoned RB/Residential. Applicant: Hopkins House Center for Children and Families, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Denial (Mr. Dunn recused himself.) 3-3

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/16/01, and is incorporated herewith as part of this record by reference.

A copy of the Parking Study dated June 13, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 6/16/01, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 18; 6/16/01, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Councilman Speck noted for the record, although he used to be a member of the Board of Hopkins House as indicated on one of the older documents included in the docket material, he is no longer a member of the Board.

Mary Catherine Gibbs, 307 North Washington Street, attorney representing Hopkins House, spoke in support of the special use permit, provided Members of Council with a copy of the Wells & Associates' Parking Study, stated the results of the parking study concluded that there is an adequate supply of on-street parking spaces to accommodate the proposed operational changes proposed in the Special Use Permit application, and requested the deletion of condition no. 21 requiring employees to park off-street;

Harry P. Hart, 307 North Washington Street, Chairman of the Board of Trustees of Hopkins House, spoke in support;

Councilwoman Pepper directed questions to Mr. Hart and John Andres, consultant, with respect to parking.

J. Glenn Hopkins, 1224 Princess Street, president, Hopkins House, spoke in support and addressed the need for infant care; requested removal of condition no. 21 requiring employees to park off-street; spoke to the Children's Environmental Discovery Center at the rear of 1218 Princess Street; and noted that a request for a community center was withdrawn on April 23, 2001; a copy of Mr. Hopkins' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Patrick Flood, 1110 Cromley Alley, representing sixty-two plus citizens, spoke in support;

Camille Leverett, 1306 Princess Street, representing the Inner City Civic Association, provided a strong message of support for the proposed infant care initiative, and the ICCA's motion reads as follows: "The Inner City Civic Association recognizes and values Hopkins House long-standing history of service to the children and families of the inner city of Alexandria. Therefore, we, the citizens of the ICCA, applaud and encourage Hopkins House in their efforts to bring affordable infant care to our community. We ask for full support of the Alexandria City Council in approving Hopkins House proposed SUP amendment, permitting a maximum enrollment of 55 children and extending the hours of operation by 60 minutes from 6 p.m. to 7 p.m. on weekdays. The ICCA looks forward to a strong and lasting friendship with this important institution and pledges to continue working with Hopkins House through the Neighborhood Advisory Committee on matters of mutual interest."; a copy of the motion that Ms. Leverett read is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Amy L. Maddox, 403 North West Street, discussed her participation on the Neighborhood Advisory Committee, and she endorsed the Children's Environmental Discovery Learning Center;

Mark Webster, 1208 Princess Street, spoke against this item as he thought there was agreement that there would only be 49 children at this facility, and read a letter dated June 15, 2001, from Agnes V. Randolph expressing concern about the continued expansion of Hopkins House and the impact on the neighborhood; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;

At this point, Mayor Donley directed questions to Mr. Hopkins, Hopkins House president, about accreditation rules and how they apply, and how those standards are employed under the current operating arrangement at Hopkins House. Mr. Hopkins responded to his concerns.

Mayor Donley asked Mr. Hopkins if he was making a representation that under the current configuration that fifty-five (55) students would be the maximum that could be there and that the only way that would change would be a change in the configuration of the building, i.e., more space.

Mr. Hopkins indicated that’s correct. In the three rooms that we have, plus the accounting office, making a total of four (4) rooms under the current configuration, the maximum that Hopkins House envisions and the maximum that we can have legally, and the maximum that we can have under our accreditation is fifty-five (55) children of ages from six (6) weeks old to five (5) years old.

Mayor Donley further questioned Mr. Hopkins and asked unless you were to materially change the building and how you use space, under current accreditation standards and licensing standards, you couldn’t have any more kids.

Mr. Hopkins stated that’s correct, unless we made some changes, and we’d have to come back here before we did that. To give you an example, if Hopkins House were to desire to change one of its rooms on the second floor into a preschool, which we have no interest in doing, but if we were, that would require both a SUP process, plus we would have to do major renovation and reconfiguration there. That would be an example if we wanted to increase beyond fifty-five (55), but we have no desire to do that.

Councilwoman Woodson participated in a dialogue with Mr. Webster.

Councilman Euille clarified, for the record, the actions which have taken place within the past year regarding Hopkins House. There have been at least three issues involving Hopkins House relative to their neighborhood, the community and before the City Council within the past year or more, but again, this is the only amendment to the Special Use Permit that has come before Council and that Council is dealing with today.

Planning and Zoning Deputy Director Ross responded to his concerns.

Sarah Becker, 1200 Princess Street, spoke to correction on page 7, #3, should be March 17, 2000, noted that there is not a process that remains consistent, and suggested that there should be some type of point-of-service model for Hopkins House;

Hilary Kruger, 1308 Oronoco Street, spoke to the need for a needs assessment or business plan for Hopkins House;

Mayor Donley encouraged the Neighborhood Advisory Committee to continue to meet and suggested that someone from the neighborhood should be on the Hopkins House Board.

Mr. Hopkins indicated that the chairman of the Neighborhood Advisory Committee serves as an ex-officio member on the Board, and that Ms. Maddox, from the Inner City, is now a recent member of the Board. He also stated that Hopkins House is working on a strategic plan.

Councilman Euille stated, for the record, that he is a member of the Hopkins House Board and noted that a strategic plan and/or planning document has existed since 1994, and encourged that Hopkins House move forward to develop an updated strategic plan.

Debra Sabourin, 1212 Princess Street, spoke against the special use permit and addressed some of the statistics in the report. In addition, Ms. Sabourin submitted a copy of a petition of those persons not in support; a copy of the petition is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 7 of this item;

Sandi Stancil, 1214 Princess Street, member, Neighborhood Advisory Committee, noted that the Inner City Civic Association has always stood together in the past, and she does not understand what it is with this issue that is creating such a divisiveness; and

Helen Miller, 1301 Queen Street, rose before the Council in support of this special use permit.

The public hearing was closed.

WHEREUPON, a motion was made by Councilwoman Woodson and seconded by Councilman Euille that City Council approve the staff recommendation for approval of the special use permit, with the elimination of condition no. 21.

There was discussion on the motion.

Councilman Speck requested a friendly amendment, similar to the one that was made at the last public hearing, to insert some language to revise the way the wording of condition no. 22 where it says “the director has received a request from any person to docket the permit for review.” He stated that Council built in some language that if there is a complaint that rises to the level of a violation that the special use permit would be docketed for review. Councilman Speck suggested, unless there is an argument against, that be standard language any time we have this particular type of condition that’s added.

Planning and Zoning Deputy Director Ross stated that staff had no problem with Councilman Speck's friendly amendment.

Mayor Donley stated that hearing no objection, the friendly amendment was accepted.

WHEREUPON, Councilman Speck made a motion to amend the main motion by reinserting condition no. 21; which motion DIED for lack of a second.

There was further discussion on the motion.

Councilman Euille spoke to condition no. 21 and asked the status of his request from the March 2000 Public Hearing Meeting with respect to parking in the 400 block of North Payne Street. In March 2000, he noted that in the Boys and Girls Club block that the reason the street is narrow and there is parking on just one side is because on one side of the street the sidewalk extends out into the street. He stated that you could cut off five or six feet of that sidewalk and widen that street. He noted that is costly, but it is something that can be considered and could provide parking on both sides of the street as a result. He queried whether this matter has been discussed with the Inner City Civic Association.

Transportation and Environmental Services Director Baier reported that it can be done, but it has not been designed out nor allocated in this budget. Mr. Baier indicated that he spoke with a couple representatives of the Inner City Civic Association, but had not discussed the proposal with the entire association.

Mr. Baier was requested to proceed to discuss this proposal with the Inner City Civic Association.

Vice Mayor Cleveland encouraged Hopkins House to develop a long-range plan.

Mayor Donley queried Planning and Zoning Deputy Director Ross about the process regarding the proposed Environmental Learning Center. He indicated that it is Council's understanding, as it stands right now, that it would not require coming back through the process for a special use permit.

Planning and Zoning Deputy Director Ross responded in the affirmative.

WHEREUPON, Council returned to the motion made by Councilwoman Woodson, seconded by Councilman Euille and carried unanimously by all those present, City Council approved the staff recommendation for approval of the special use permit, with the following amendments: with the elimination of condition no. 21, and with the request that staff is to include some language in condition no. 22 that says something to the effect: "that if the director has received a request from any person to docket the permit for review, it should be as a result from a complaint that rises to the level of a violation." The voting was as follows:

Woodson "aye" Cleveland "aye"
Euille "aye" Eberwein absent
Donley "aye" Pepper "aye"
Speck "aye"

19. SPECIAL USE PERMIT #2001-0044 -- 800-840 N HENRY ST -- NORTH POINT CENTER -- Public Hearing and Consideration of a request for a special use permit for a reduction of off-street parking; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: On-Site Sourcing, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/16/01, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Mary Catherine Gibbs, 307 North Washington Street, attorney representing the applicant, spoke in support; and

Poul Hertel, 1217 Michigan Court, spoke in support.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

20. SPECIAL USE PERMIT #2001-0053 -- 2700 JEFFERSON DAVIS HY -- AFGHAN RESTAURANT -- Public Hearing and Consideration of revocation of a special use permit for the existing restaurant business; zoned I/Industrial. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Recommend Revocation 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/16/01, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke against revocation of this special use permit;

Abdul-Hafiz-Khan, 5116 Kings Grove Court, Burke, VA, spoke against revocation;

Payenda Mohammad, 233 North Lincoln Avenue, Sterling, VA, representing the Islamic State of Afghanistan in the U.S., spoke against revocation;

Police Captain Rosboschil provided Council with an overview of the incident which took place on May 5, 2001; thus, the reason for this being docketed for revocation.

Attorney Hart participated in a discussion with Council and City Manager Sunderland.

WHEREUPON, a motion was made by Councilman Speck, seconded by Councilwoman Pepper that City Council overturn the Planning Commission revocation with the following changes in conditions: Change condition no. 4 to read as follows: “4. The hours of operation shall be limited to 7:00 a.m. to Midnight.”; deleted condition no. 11, and substituted a new condition no. 11 that states: “11. No live entertainment shall be allowed except for scheduled wedding ceremonies approved in a list submitted to the Director of Planning and Zoning, by 5:00 p.m., June 20, 2001.”; changed condition no. 14 to read: “14. Private security guards shall be provided from 10:00 p.m. to one hour after the closing hour.”; and changed condition no. 24 to read: “24. The Director of Planning and Zoning shall review the special use permit and shall docket the matter for consideration by the Planning Commission and the City Council no later than December 31, 2001.

There was discussion on the motion.

Mayor Donley noted that there will be a new special use permit filed in September 2001.

Council continued the public hearing with the following speakers:

Jim Fowler, 1071 Palmer Place, spoke against revocation;

Joan Gaskins, 2216 Mount Vernon Avenue, spoke against revocation; and

Lloyd Martin, 2218 Mount Vernon Avenue, representing the Potomac West Business Association, spoke against revocation.

The public hearing was closed.

Councilman Speck noted that condition no. 25 which talks about how long you can operate after the closing hour means a midnight closing and that everyone is gone by 1:00 a.m.

WHEREUPON, Council returned to the motion made by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council overturned the Planning Commission revocation with the following changes in conditions: Change condition no. 4 to read as follows: “4. The hours of operation shall be limited to 7:00 a.m. to Midnight.”; deleted condition no. 11, and substituted a new condition no. 11 that states: “11. No live entertainment shall be allowed except for scheduled wedding ceremonies approved in a list submitted to the Director of Planning and Zoning, by 5:00 p.m., June 20, 2001.”; changed condition no. 14 to read: “14. Private security guards shall be provided from 10:00 p.m. to one hour after the closing hour.”; and changed condition no. 24 to read: “24. The Director of Planning and Zoning shall review the special use permit and shall docket the matter for consideration by the Planning Commission and the City Council no later than December 31, 2001. The voting was as follows:

Speck "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Euille "aye"
Woodson "aye"

21. VACATION #2001-002 -- 1601 CHAPEL HILL DRIVE -- Public Hearing and Consideration of a request for vacation of a public right-of-way, zoned R-20/Residential. Applicant: Thomas A. Davis and Jerri Davis, by Duncan W. Blair, attorney; and appointment of viewers for same.

COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated June 5, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/16/01, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support of the vacation and responded to questions;

Planning and Zoning Director Fogarty and Transportation and Environmental Services Director Baier provided the Council with an overview of staff's position.

Poul Hertel, 1217 Michigan Court, spoke against this and indicated the text amendment on setbacks will be before the Planning Commission and Council in September. Mr. Hertel participated in a dialogue with Members of City Council and noted that vacating it will set precedent; and

Dick Hobson, 99 North Quaker Lane, representing Seminary Hill Association, Inc., spoke against.

Councilwoman Pepper asked if there is a condition or covenant that indicates that this will always be green grass.

Attorney Blair stated he has indicated that, and he will make sure that an ordinance has that in it, that there will be a covenant “that the front vacated portion shall not be built upon.” That is a statement, and it is a proffer which will be in an ordinance.

Thomas A. Davis, 703 Kings Court, applicant, noted that the request was not for 10 feet.

City Engineer Baker spoke to maintaining a fifty-foot right-of-way.

Transportation and Environmental Services Director Baier explained the intent of the staff.

City Attorney Pessoa pointed out that the next docket item is the ordinance to carry into effect this vacation, if Council adopts it. That will be back at the last legislative meeting for public hearing and final passage. It’s worded now that we vacate 10 feet. If that needs to be adjusted or Council wishes to adjust it when we have it on the last Tuesday, we certainly can do so.

Mayor Donley asked that two things occur between now and then to the extent that we can preserve the fifty-foot right-of-way, because we’re not talking about a whole lot of dollars here, but at any rate, to the extent that we can we will attempt to do so. The Mayor requested Mr. Davis to check with his architect to get FAR calculations and compare it and contrast that with his proposed addition so that Council will have a little more certainty from his side of the fence. He stated that staff will look into the fifty-foot right-of-way, and Council can make any adjustments to the ordinance when it comes back along with the viewers’ report at the June 26 Legislative Meeting.

City Attorney Pessoa stated that staff also needs to determine the fair market value.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council moved to overturn the Planning Commission and to vacate 10 feet, subject to any amendments that come back. Rodger Digilio, chair, Ross Bell and Bill Brandon were appointed as Viewers. The voting was as follows:

Speck "aye" Eberwein absent
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

ORDINANCES AND RESOLUTIONS (continued)

22. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance vacating a portion of the public right-of-way at 1601 Chapel Hill Drive.

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/16/01, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 6/16/01, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on June 26, 2001, pending the report from staff as well as the applicant relative to the proper vacation amount. The voting was as follows:

Euille "aye" Eberwein absent
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

23. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 2-2-10 of the City Code to revise the boundaries of election districts and designation of voting places to reflect the 2000 Census. (#13 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

The following person participated in the public hearing on this item:

Barbara Gilley, 145 Century Drive, #5101, representing the Alexandria Commission On Persons With Disabilities, spoke to the ADA Guidelines and addressed concerns at the Second Presbyterian Church and South Port Apartments polling places.

Councilman Euille thanked Ms. Gilley for bringing attention to the ADA guidelines and requested the Commission to work in collaboration with the Registrar of Voters, City staff and Code Enforcement to eliminate any problems at these polling places.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4206

AN ORDINANCE to amend and reordain Section 2-2-10 (ESTABLISHMENT OF ELECTION DISTRICTS AND POLLING PLACES), and Section 2-2-13 (MAP OF ELECTION DISTRICTS AND VOTING PLACES), of Chapter 2 (ELECTIONS), Title 2 (GENERAL GOVERNMENT), of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 2-2-10 Establishment of election districts and voting places.

The following election districts and voting places are hereby established for the City of Alexandria, Virginia:

(a) The United Way of America Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the United Way of America Election District shall be at the United Way of America Building, located at 701 North Fairfax Street.

(b) The City Hall Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the City Hall Election District shall be at City Hall, located at 301 King Street.

(c) The Lyles Crouch School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Lyles Crouch School Election District shall be at the Lyles Crouch School, located at 530 South St. Asaph Street.

(d) The Jefferson Houston School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Jefferson Houston School Election District shall be at the Jefferson Houston School, located at 1501 Cameron Street.

(e) The Lee Center Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Lee Center Election District shall be at the Lee Center, located at 1108 Jefferson Street.

(f) The Cora Kelly Center Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Cora Kelly Center Election District shall be the Cora Kelly Center, located at 25 West Reed Avenue.

(g) The Mt. Vernon Recreation Center Election District shall be by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Mt. Vernon Recreation Center Election District shall be the Mt. Vernon Recreation Center, located at 2710 Commonwealth Avenue.

(h) The George Washington School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the George Washington School Election District shall be the George Washington School, located at 1005 Mount Vernon Avenue.

(i) The Fire Department Headquarters Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Fire Department Headquarters Election District shall be the Fire Department Headquarters, located at 900 second Street.

(j) The Maury School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Maury School Election District shall be the Maury School, located at 600 Russell Road.

(k) The George Mason School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the George Mason School Election District shall be at the George Mason School, located at 2601 Cameron Mills Road.

(l) The Agudas Achim Congregation Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Agudas Achim Congregation Election District shall be at the Agudas Achim Congregation, located at 2908 Valley Drive.

(m) The Blessed Sacrament Church Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Blessed Sacrament Church Election District shall be the Blessed Sacrament Church, located at 1427 West Braddock Road.

(n) The Second Presbyterian Church Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Second Presbyterian Church Election District shall be the Second Presbyterian Church, located at 1400 Janney's Lane.

(o) The Minnie Howard School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Minnie Howard School Election District shall be at the Minnie Howard School, located at 3801 West Braddock Road.

(p) The Temple Beth El Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within Temple Beth El Election District shall be Temple Beth El, located at 3830 Seminary Road.

(q) The Northern Virginia Community College Arts Center Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Northern Virginia Community College Arts Center Election District shall be the Northern Virginia Community College Arts Center, located at 3001 North Beauregard Street.

(r) The James K. Polk School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the James K. Polk School Election District shall be the James K. Polk School, located at 5000 Polk Avenue.

(s) The Patrick Henry School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Patrick Henry School Election District shall be the Patrick Henry School, located at 4643 Taney Avenue.

(t) The Samuel Tucker School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the Samuel Tucker School Election District shall be the Samuel Tucker School, located at 435 Ferdinand Day Way.

(u) The Charles E. Beatley, Jr., Central Library Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place for the Charles E. Beatley, Jr., Central Library Election District shall be the Charles E. Beatley, Jr., Central Library, located at 5005 Duke Street.

(v) The John Adams School Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the John Adams School Election District shall be at the John Adams School, located at 5651 Rayburn Avenue.

(w) The William Ramsay Recreation Center Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place within the William Ramsay Recreation Center Election District shall be at the William Ramsay Recreation Center, located at 5650 Sanger Avenue.

(x) The South Port Election District shall be bounded and described by the census blocks shown on the map adopted by Section 2-2-13 of this code as comprising the said district.

The voting place for the South Port Election District shall be the South Port Apartment Complex, located at 6112 Edsall Road.

Section 2. That Section 2-2-13 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 2-2-13 Map of election districts and voting places.

The election districts and voting places established by this chapter shall be shown on a map designated "The Official Map of the City of Alexandria, Virginia, Designating Election Districts and Voting Places." The said map shall include a listing of the year 2000 census blocks included within each election district, and hereby is incorporated by reference and declared to be a part of this code. The said map shall be signed by the mayor, attested to by the clerk, and the official seal of the city shall be impressed thereon.

The original of such map shall be deposited with the general registrar for the city and shall be available to the public for inspection. Whenever there are any changes in the election districts or voting places, except temporary voting places as provided for in the preceding section, another such official map shall be prepared.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage; provided, however, that the changes in the Election District names and voting places herein made shall not be implemented until the changes are first submitted to the Attorney General of the United States and no objection is interposed within 60 days of the submission, as required pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

Attachment: Map and Census Block Listings

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24. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 3-2-230 of the City Code to set the rate at which interest accrues on certain delinquent personal property taxes and penalties at 10 percent for the first year and 5 percent thereafter. (#14 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4207

AN ORDINANCE to amend and reordain Section 3-2-230 (WHEN TAXES DUE, DELINQUENT TAXES; PENALTY) of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), of Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-230 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-230 When taxes due, delinquent taxes; penalty.

(a) The taxes levied on tangible personal property, on machinery and tools, and on mobile homes, motor vehicles, boats and trailers, except those which become subject to said tax after September 5, shall be due and payable to the director on or before October 5 of the year for which they are levied and shall be considered delinquent after that date. To all of said taxes so delinquent there shall be added and collected as a part thereof a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum. There shall also be due, in addition to all penalties and interest, fees for administrative costs and reasonable attorney’s fees or collection agency’s fees incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

(b) The taxes levied on motor vehicles, boats and trailers which become subject to taxation between September 6 and December 31 of any given year shall be due and payable not more than 30 days after they become so subject to taxation. These taxes shall be considered delinquent if not paid on or before the thirtieth day from the date any motor vehicle, boat or trailer becomes subject to taxation. To all taxes so delinquent, there shall be added and collected as a part thereof, a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum. There shall also be due, in addition to all penalties and interest, fees for administrative costs and reasonable attorney’s fees or collection agency’s fees incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

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25. Public Hearing, Second Reading and Final Passage on First Reading of an Ordinance to amend Title 3, Chapter 3 of the City Code to conform the City’s procurement regulations to recent changes in state law. (#15 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4208

AN ORDINANCE to amend and reordain Sections 3-3-46 (TIE BIDS) and 3-3-54 (ACTIONS ON PAYMENT BONDS), of Division 1 (COMPETITIVE SEALED BIDDING), to amend and reordain Section 3-3-69 (CONTRACTING FOR PROFESSIONAL SERVICES BY COMPETITIVE NEGOTIATION), of Division 2 (COMPETITIVE NEGOTIATION), and to enact new Section 3-3-73.1 (REVERSE AUCTIONING), of Article D (CONTRACT FORMATION AND METHODS OF SOURCE SELECTION); and to amend and reordain Section 3-3-107 (CONTRACTUAL DISPUTES) of Article G (APPEALS AND REMEDIES FOR BID PROTESTS), all of Chapter 3 (PROCUREMENT), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That section 3-3-46 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-46 Tie bids.

(a) In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services or construction provided by Virginia persons, firms or corporations; otherwise, the tie shall be decided by lot, or as hereinafter provided.

(b) Whenever any bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference may be allowed to the lowest responsible bidder who is a resident of Virginia.

(c) If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.

(d) In the event that there is a tie bid, the tie bidders shall be invited to resubmit written bids below the original bid, and award shall be made to the bidder with the lowest bid price. Any price quote made verbally shall be confirmed in writing.

(e) In the event that none of the foregoing provisions of this section resolves the tie, the purchasing agent may cancel the solicitation and rebid. Records shall be kept of any proceeding connected with tie bids.

Section 2. That section 3-3-54 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-54 Actions on payment bonds.

(a) Subject to the provisions of subsection (b) hereof, any claimant who has performed labor or furnished materials in accordance with the contract for which a payment bond has been given, and who has not been paid in full therefor before the expiration of 90 days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on such payment bond to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. The obligee named in the bond need not be named a party to such action.

(b) Any claimant who has a direct contractual relationship with any subcontractor from whom the contractor has not required a subcontractor payment bond under section 3-3-52 but who has no contractual relationship, express or implied, with such contractor, may bring an action on the contractor’s payment bond only if he has given written notice to such contractor within 180 days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Any claimant who has a direct contractual relationship with a subcontractor from whom the contractor has required a subcontractor payment bond under section 3-3-52 but who has no contractual relationship, express or implied, with such contractor, may bring an action on the subcontractor’s payment bond. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished shall not be subject to the time limitations stated in this subsection.

(c) Any action on a payment bond must be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials.

(d) Any waiver of the right to sue on the payment bond required by this section shall be void unless it is in writing, signed by the person whose right is waived, and executed after such person has performed labor or furnished material in accordance with the contract documents.

Section 3. That section 3-3-69 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-69 Contracting for professional services by competitive negotiation.

(a) Professional services shall be procured by competitive negotiation.

(b) The purchasing agent shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project and to explore alternative concepts of performance of the contract. The request for proposals shall not seek estimates of person hours or costs for services. However, these discussions may encompass nonbinding estimates of total project costs, including where appropriate design, construction and life cycle costs. Methods to be utilized in arriving at the price for services may also be discussed. Proprietary information from competitive offerors shall not be disclosed to the public or to competitors. At the conclusion of the discussions and on the basis of evaluation factors published in the request for proposals and all information developed in the selection process to this point, the purchasing agent shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the city can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations shall be conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. If, at the conclusion of the discussions, the purchasing agent determines in writing and in his sole discretion that only one offeror is fully qualified or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. Once formally terminated, negotiations may not be reopened with any offeror.

(c) With respect to the procurement of legal services, the duties and responsibilities imposed upon the purchasing agent in subsection (b) above shall devolve upon the city attorney.

(d) A contract for architectural or professional engineering services relating to construction projects may be negotiated by the purchasing agent, for multiple projects provided (i) the projects require similar experience and expertise, (ii) the nature of the projects is clearly identified in the request for proposals, and (iii) the contract term is limited to one year or when the cumulative total project fees reach the maximum cost authorized in this paragraph, whichever occurs first. Such contract may be renewable for two additional term one-year terms at the option of the city, as exercised by the purchasing agent. Under such contract, (a) the fair and reasonable prices, as negotiated, shall be used in determining the cost of each project performed; (b) the sum of all projects performed in one contract term shall not exceed one million dollars; and (c) the project fee of any single project shall not exceed $200,000. Any unused amounts from one contract term shall not be carried forward to a successive term. Competitive negotiations for such contracts may result in awards to more than one offeror provided (1) the request for proposals so states, and (2) the purchasing agent has established procedures for distributing multiple projects among the selected contractors during the contract term.

(e) Multiphase professional services contracts satisfactory and advantageous to the city may be negotiated and awarded based on a fair and reasonable price for the first phase only, when completion of the earlier phases is necessary to provide information critical to the negotiation of a fair and reasonable price for succeeding phases.

Section 4. That Chapter 3 of Title 3 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended by adding new section 3-3-73.1 to read as follows:

Sec. 3-3-73.1 Reverse auctioning.

(a) The purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning.

(b) During the reverse auctioning bidding process, bids shall be revealed to other bidders and bidders shall have the opportunity to modify their bids until the time designated for bid opening.

(c) For purposes of this section, “reverse auctioning” means a method of source selection in which bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder.

Section 5. That section 3-3-107 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-107 Contractual disputes.

(a) Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.

(b) A procedure for consideration of contractual claims may be included in each contract. Such procedure, which may be contained in the contract or may be specifically incorporated into the contract by reference and made available to the contractor, shall establish a time limit for a final decision in writing by the purchasing agent.

(c) A contractor may not invoke the administrative procedures set forth in the contract, if any, or institute legal action as provided in section 3-3-108 of this chapter, prior to receipt of the decision on the claim, unless the purchasing agent fails to render such decision within the time specified in the contract.

(d) The decision of the purchasing agent shall be final and conclusive unless the contractor appeals within six months of the date of the final decision on the claim by the purchasing agent by invoking the administrative procedures set forth in the contract, if any, or in the alternative by instituting legal action as provided in section 3-3-108 of this chapter.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

* * * * *

26. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 8-1-141 of the City Code to authorize spot blight abatement throughout the City. (#17 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

The following person participated in the public hearing on this item:

Marlin G. Lord, 2724 Hickory Street, spoke in support of this ordinance.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4209

AN ORDINANCE to amend and reordain Section 8-1-141 (Purpose) of Article I (SPOT BLIGHT ABATEMENT), Chapter 1 (BUILDING CODE), TITLE 8 (BUILDING CODE REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 8-1-141 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Section 8-1-141 Purpose.

The purpose of this article is to provide for the repair or other disposal, or the acquisition and repair or other disposal, by the city of blighted property.

Section 2. That this ordinance shall become effective on June 16, 2001.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

* * * * *

27. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 13-1-33 of the City Code to permit property managers and others to authorize the police to forbid trespass on private property, and to provide for the admission of such authorization in evidence at trial. (#18 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Eberwein absent
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4210

AN ORDINANCE to amend and reordain Section 13-1-33 (TRESPASS AFTER HAVING BEEN FORBIDDEN TO DO SO) of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES), of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 13-1-33 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 13-1-33 Trespass after having been forbidden to do so.

(a) If any person shall, without authority of law, go upon or remain upon the lands or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, property manager or other person lawfully in charge of the property (hereinafter in this section referred to as the “owner”or “property owner”), or after having been forbidden to do so by a sign or signs posted by such owner or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or part, portion or area thereof at a place or places where it or they may be reasonably seen, he shall be guilty of a class 1 misdemeanor.

(b) The owner of real property may designate the Alexandria police department as a "person lawfully in charge of" the owner's property, under subsection (a). With such a designation, the department, acting through its sworn officers, may forbid persons to go or remain upon all or any portion of the owner's real property, including any building, structure or other premises located upon the property. Such designation must be in writing on a form provided by the chief of police. The designation shall include the following information:

(1) the name and signature of the property owner making the designation;

(2) the property owner's residence address or, if the property owner is an entity, the owner's principal place of business;

(3) the address of the property to which the designation applies;

(4) if the designation does not apply to all of the property, a description of the particular buildings, structures or other areas of the property to which the designation applies; and

(5) the inclusive dates during which the designation shall be in effect; provided, that a designation made pursuant to this section shall not be for a period greater than six months.

The written designation shall be kept on file in the police department for the duration of the designation. The designation may be rescinded at any time upon the written notice of the property owner.

(c) The written designation shall be a public record of the City of Alexandria, Virginia, and a copy of such written designation, when authenticated by the custodian thereof, shall be admissible in any trial for a violation of this section as prima facie evidence of the authority of the Alexandria police department to act under the provisions of this section as to the property for which the designation was made.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

* * * * *

28. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Title 11 of the City Code by adding thereto a new Chapter 13, to prohibit under local law the improper handling or disposal of certain hazardous and other waste materials. (#19 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

The following person participated in the public hearing on this item:

Randolph Sengel, 520 King Street, Commonweath's Attorney, spoke in support of the ordinance, stated that this is a different type of litigation, and addressed budget costs associated with implementation of this ordinance.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4211

AN ORDINANCE to add a new Chapter 13 (ENVIRONMENTAL OFFENSES) to Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the City Council of Alexandria finds and determines that:

1. The accumulation of garbage, commercial and industrial wastes, and/or hazardous materials on public and private property – the incidence of which is increasing – constitutes a public nuisance and a threat to the health and safety of city residents.

2. The failure of owners, managers and occupants of property to store and handle hazardous materials safely, and to dispose properly of solid waste and hazardous materials, likewise constitutes a public nuisance and a threat to the health and safety of city residents.

3. Spillage or dumping of hazardous or toxic substances into storm water drainage systems and local waterways can irreparably damage natural resources, force the city to incur substantial expense in remediating the consequences of such spills and dumping, and constitutes a blighting influence which damages public and private property, depreciates its value and the value of adjacent property, and jeopardizes the health and safety of city residents.

4. For the foregoing reasons, and in light of all other facts and circumstances of which the council may take notice as the legislative body of the City of Alexandria, adoption of this ordinance is necessary and desirable to promote the general welfare of the city, and the safety, health, peace, good order, comfort and convenience of the citizenry; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Chapter 13, to read as follows:

CHAPTER 13

Environmental Offenses

Sec. 11-13-1 Definitions.

The following terms, as used in this chapter, shall have the meanings set forth below:

(a) “Bulk waste” shall mean solid, tangible objects that are subject to disposal. Bulk waste shall include, but is not limited to, appliances, furniture, bedding material, motor vehicle parts and tires, mechanical equipment, mechanical parts and carpets.

(b) "Commercial waste" shall mean all waste from any retail, wholesale or commercial establishment that has been, or is in the process of being, dumped.

(c) "Dump" shall mean to discharge, deposit, inject, dispose of, spill, leak or place any waste into or on any land or water so that such waste, or any constituent of such waste, may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

(d) "Hazardous waste" shall mean a solid waste or combination of solid wastes that has been, or is in the process of being, dumped and which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

(1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or

(2) pose a substantial present or potential danger to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Hazardous wastes shall include, but are not limited to, insecticides, poisons, corrosives, combustibles, caustics, acids, infectious materials, explosives, compressed gases, biological and chemical materials, radioactive materials, flammable materials and petroleum products.

(e) “Household hazardous waste” shall mean any solid waste derived from households (including single and multiple residences, hotels, motels, crew quarters, campgrounds, picnic grounds and recreation areas) that has been or is in the process of being dumped and which, except for the fact that it is derived from a household, would be classified as a hazardous waste, including but not limited to, nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solvent-based paint, paint thinner, paint strippers or other paint solvents; toxic art supplies; used motor oil and unusable gasoline or kerosene; fluorescent or high-intensity light bulbs; ammunition and fireworks; banned pesticides and restricted-use pesticides, as defined in the Virginia Code and applicable regulations. All empty household product containers and any household products in legal distribution, storage or use shall not be considered household hazardous waste.

(f) “Industrial waste” shall mean all materials or substances related to manufacturing, processing or production that have been, or are in the process of being, dumped.

(g) “Permit” shall mean a valid written document issued by a federal, state or local entity authorizing the work or activity described in the document.

(h) “Person” shall mean any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

(i) “Solid waste” shall mean any garbage, refuse, sludge and other discarded material that has been, or is in the process of being, dumped. Solid waste includes any solid, liquid, semisolid or contained gaseous material that results from industrial, commercial or community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the Virginia Water Control Board, or (iii) source, special nuclear or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended.

(j) “Sanitary sewer” shall mean pipelines or conduits, pumping stations and force mains, and all other construction, devices and appliances appurtenant thereto, used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal.

(k) “Storm water system” shall mean all man-made facilities, structures and natural watercourses used for collecting and conveying storm water to, through and from drainage areas to the points of final outlet, including but not limited to streets, curbs and gutters, inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, drains, sewers, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, flood walls, levees, pumping stations and wetlands.

(l) “Structural waste” shall mean all building materials resulting from erecting, removing, repairing, remodeling or razing buildings or other structures that have been, or are in the process of being, dumped.

(m) “Waste” shall mean any commercial, hazardous, household hazardous, industrial, solid, structural or yard waste as defined in this section.

(n) “Waters” shall mean any waters adjacent to or within the city or owned by the city, including, but not limited to, rivers, lakes, bays, tributaries or ponds.

(o) “Yard waste” shall mean decomposable waste materials generated by yard and lawn care that have been, or are in the process of being, dumped. Yard waste includes all materials derived from trees, shrubbery, leaves, fallen branches, lawn trimmings and other woody waste.

Sec. 11-13-2 Illegal dumping prohibited.

(a) It shall be unlawful for any person to dump any waste on any property, in any waters or in any sanitary sewer or storm water system, except as authorized by law or by applicable permit. It shall be the burden of the alleged violator to show proof of any applicable permits.

(b) In the event waste is dumped from a motor vehicle or water craft in violation of this section, the owner of such motor vehicle or water craft shall be presumed to be the person ejecting such waste, and such owner shall have the burden of coming forward with evidence to rebut the presumption.

Sec. 11-13-3 Unlawful storage and accumulation of waste.

It shall be unlawful for any person to accumulate, store, leave, place or deposit, or allow to be accumulated, stored, left, placed or deposited, any waste on any property within the city except as authorized by law or by applicable permit. It shall be the burden of the alleged violator to show proof of an applicable permit.

Sec. 11-13-4 Failure to keep property clean and free of accumulations of waste.

It shall be unlawful for any person to fail to keep property within the city clean and free of accumulations or deposits of waste.

Sec. 11-13-5 Removal of certain substances thrown, dropped or deposited on highway at scene of motor vehicle accident.

Any person removing a wrecked or damaged motor vehicle from a street or highway in the city shall remove any glass, metal, plastic, liquid, hazardous or solid waste, or any other injurious substance dropped, thrown or deposited upon the street or highway from such vehicle. Failure to remove such materials prior to leaving or departing from the location from which the vehicle is removed shall constitute an offense under this chapter.

Sec. 11-13-6 Proof of proper disposal required.

(a) Any person required to remove any waste from any property, waters, sanitary sewer or storm water system, as required by this chapter, shall provide proof that the waste that was removed was disposed of in accordance with all applicable local, state and federal regulations.

(b) A disposal receipt showing proper disposal shall be submitted to the enforcement officer who originated the charge or complaint. The receipt shall indicate on its face the date, time and place of disposal. It shall also, to the extent practicable, state the identifiable quantity or volume of waste that was removed.

(c) Failure to dispose of waste in accordance with all applicable city, state and federal regulations or to submit the required disposal receipt shall constitute an offense under this chapter.

Sec. 11-13-7 Enforcement.

Any city law enforcement officer, duly designated sworn special police officer, the director of transportation and environmental services or his designee, the director of public health or his designee, the director of code enforcement or his designee, or the chief fire marshal or any of his deputies, is authorized and shall have authority to enforce all provisions of this chapter.

Sec. 11-13-8 Violations.

(a) A person who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor. Each day of violation shall constitute a separate offense.

(b) In addition to any penalty imposed for each violation of this chapter, a judge hearing the case may direct the person responsible for the violation to correct the violation and remedy any damage to the property where the spill or dump occurred. Each day’s default in the performance of such correction or remediation shall constitute a violation of, and a separate offense under, this chapter. A person convicted of a violation of this chapter may also be ordered by the court to perform public service relating to the correction or remediation of an area polluted by solid waste.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY

Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

* * * * *

29. Public Hearing, Second Reading and Final Passage of an Ordinance to make supplemental appropriations for the support of the government of the City of Alexandria for FY 2001. (#20 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Eberwein absent
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4212

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 2001, which began on the first day of July 2000 and ends on the thirtieth day of June 2001.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2001, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 2000, but not appropriated, and further that the Council does hereby allot the amount so appropriated to the several city departments for fiscal year 2001, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Office on Women $ (26,178)
Commonwealth's Attorney 199,994
Clerk of the Circuit Court 27,471
Court Service Unit 7,481
Fire 7,637
Housing 1,791,119
Human Services 85,025
Total Estimated Revenue $ 2,092,549

APPROPRIATION:

Office on Women $ (26,178)
Commonwealth's Attorney 199,994
Clerk of the Circuit Court 27,471
Court Service Unit 7,481
Fire 7,637
Housing 1,791,119
Human Services 85,025
Total Appropriation $2,092,549

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2001, the source of such amounts being intergovernmental revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 2001, as follows:

COMPONENT UNIT

ESTIMATED REVENUE:

Intergovernmental Revenue $ 511,657
Total Estimated Revenue $ 511,657

APPROPRIATION:

Component Unit Library $ 28,000
Component Unit DASH 90,000
Component Unit Schools 393,657
Total Appropriation $ 511,657

Section 3. That the Council of the City of Alexandria, Virginia, does hereby authorize the transfer from the General Fund (Designated General Fund Balance) to the Capital Projects Fund (Reserved Capital Project Fund Balance), and does make provision for and appropriate to the latter fund, the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2001 and further, that the council does hereby allot the amount so appropriated as follows: (i) to the following capital projects which are included in the city’s fiscal year 2001-2006 capital improvement program, adopted by city council April 27, 2000: city capital improvement project nos. 002 (Branch Libraries), 003 (Downtown Transportation/Parking, Municipal Waterfront Improvement Program, Mt. Vernon Avenue Improvements, Route 1 Beautification, South Waterfront, Streams and Waterfront Dredging), 004 (Bike Trails, Cameron Station, Chinquapin Park and Recreation Center, Park Improvements, Land Acquisition, Fort Ward Park, Northern Virginia Regional Park, Landscaping of Public Sites, Recreation Facilities Improvements, Four Mile Run Park), 005 (Acquisition and Preservation of Historic Buildings, Market Square Renovations, Renovation and Maintenance of Existing City Facilities, Energy Conservation Program, Animal Shelter, City Visitor Center), 006 (Peumansend Creek Regional Jail), 008 (Driver Training Track), 009 (Rapid Rail Transit, Bus and Rail Capital, Alexandria TransitCorporation (ATC) Buses and Shelters, Traffic Control Facilities), 011 Potomac Yard Road and Bridge Improvements, Flood Control, Tunnels, Undergrounding of Utilities and Street Lighting, Bridge Repairs and Maintenance, King Street Metro Station Area Improvements, King and Beauregard Intersection Improvements, Mill Road Realignment, Sidewalk, Curb, and Gutter Program, Street and Pedestrian Improvements, 012 (Storm Sewer Reconstructions and Extensions), 013 (Sanitary Sewer Reconstructions and Extensions, Sewer Separation and Pollution Abatement), 015 (Information Technology Connectivity Projects, Information Technology Systems Development), and 016 (Northern Virginia Community College); and (ii) to the capital projects identified in the Alexandria City Public Schools’ capital budget approved by the school board on February 3, 2000.

GENERAL FUND

FINANCING USE:

Transfer Out to Capital Projects Fund $17,451,193

Total Transfer Out $17,451,193

CAPITAL PROJECT FUND:

ESTIMATED REVENUE:

Transfer In from General Fund $17,451,193

Total Financing Source $17,451,193

APPROPRIATION:

Capital Projects $17,451,193

Total Appropriation $17,451,193

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 2001, the source of such amount being Equipment Replacement Retained Earnings, and further, that the council does hereby allot the amount so appropriated to the various city departments for fiscal year 2001, as follows:

EQUIPMENT REPLACEMENT FUND

APPROPRIATION:

Court Service Unit $ 22,000

Recreation 54,905

Total Appropriation $ 76,905

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 2001, the source of such amount being Component Unit - School Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

COMPONENT UNIT

APPROPRIATION:

Component Unit Schools $1,052,787

Total Appropriation $1,052,787

APPROPRIATION:

Non-Departmental (compensated absences) $ 429,899

Total Appropriation $ 429,899

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the City for fiscal year 2001, the source of such amount being intergovernmental revenue, donations and developer contributions and further, that the Council does hereby allot the amount so appropriated for and to the following Capital Projects which are included in the fiscal year 2001 capital improvement budget; City project nos. 002301, 004013, 005304, 011075 and 015515.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Intergovernmental Revenue $ 83,657

Donations 133,237

Developer Contribution 924,920

Total Estimated Revenue $1,141,814

APPROPRIATION:

Capital Projects $1,141,814

Total Appropriation $1,141,814

Section 7. That this ordinance shall become effective upon the date and time at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

* * * * *

30. Public Hearing, Second Reading and Final Passage of an Ordinance to make appropriations for the support of the city government for fiscal year 2002. (#21 6/12/01) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 2001, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/16/01, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Eberwein absent
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4213

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $472,207,624 be, and the same hereby is, appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $472,207,624 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002 be, and the same hereby is, further appropriated to the following city departments, major operating units, component units and major categories of expenditures in the amounts set forth below:

Department/Unit/Component Unit/
Category of Expenditure Appropriation

18th Circuit Court $ 1,112,317
18th General District Court 91,343
18th Juvenile Court 34,024
Citizens Assistance 633,695
City Attorney 1,339,873
City Clerk and Clerk of Council 321,994
City Council 450,344
City Manager 1,642,481
Clerk of Court 1,295,195
Commonwealth's Attorney 2,192,667
Contingent Reserves 1,450,000
Court Services Unit 835,572
Finance 6,703,739
Fire 25,652,189
General Debt Service 15,458,336
General Services 8,852,844
Health 6,624,101
Human Rights 327,649
Human Services 41,878,955
Human Services Contributions 875,500
Information Technology Services 5,711,401
Internal Audit 189,899

Law Library $ 116,592
Mental Health/Mental Retardation &
Substance Abuse 21,524,215
Non-Departmental 7,393,241
Office of Historic Alexandria 2,192,862
Office of Housing 2,800,437
Office of Management and Budget 894,337
Office on Women 1,266,146
Other Correctional Activities 3,288,650
Other Educational Activities 12,923
Other Planning Activities 2,052,948
Personnel 1,975,229
Planning & Zoning 2,805,283
Police 35,420,474
Real Estate Assessments 947,458
Recreation, Parks & Cultural Activities 14,168,190
Registrar of Voters 738,422
Sheriff 17,225,251
Transit Subsidies 8,731,517
Transportation and Environmental Services 20,936,692
Capital Projects 53,527,463
Component Unit-Library 5,435,312
Component Unit-Schools 140,962,215
Internal Service 4,117,649

TOTAL APPROPRIATIONS $472,207,624

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $472,207,624 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002 be, and the same hereby is, further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $ 153,841,826
Non-Personnel Services 107,406,140
Capital Outlay 376,127
Component Unit-Library 5,435,312
Component Unit-Schools 140,962,215
Component Unit-Alexandria Transit Company 5,807,830
Pilot Recycling Program 733,062
Equipment Replacement 4,117,649
Capital Projects 53,527,463

TOTAL APPROPRIATIONS $472,207,624

Section 4. That the sum of $472,207,624 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $195,217,220
Other Local Taxes 81,128,000
Permits, Fees and Licenses 3,800,000
Fines and Forfeitures 4,376,000
Intergovernmental Revenue 107,367,582
Charges for Services 18,720,577
Revenue from Use of Money and Property 9,297,963
Miscellaneous Revenue 1,658,832
Bond Proceeds 30,500,000
Unreserved Fund Balance - General Fund:
Subsequent Year's Budget 11,006,000
Capital Projects Fund Balance 3,000,000
Schools’ Fund Balance 2,017,801
Retained Earnings - Internal Service Fund 4,117,649

TOTAL ESTIMATED REVENUE $472,207,624

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $53,527,463 be, and the same hereby is, appropriated for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002. This sum, which consists of the $53,527,463 appropriated as Capital Projects in section 2 of this ordinance, is appropriated as follows: (i) $35,743,463 to capital projects which are included in the city's government fiscal year 2002-2007 capital improvement program adopted by city council on May 7, 2001 and $17,784,000 to the capital projects identified in the Alexandria City Public Schools' capital budget approved by the school board on January 18, 2001.

Section 6. That the sum of $53,527,463 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Transfer In from General Fund $12,020,000
Bond Interest Earnings 507,463
Designated General Fund Balance 7,500,000
Bond Proceeds 30,500,000
Recapture from Prior Projects 3,000,000

TOTAL ESTIMATED REVENUE $53,527,463

Section 7. That the sum of $150,125,198 be, and the same hereby is, authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $ 21,720,305 Special Revenue Fund- $ 21,720,305
General

General Fund 12,020,000 Capital Projects Fund 12,020,000

General Fund 107,269,189 Component Unit-Schools 107,269,189

General Fund 4,082,830 Component Unit-Alexandria 4,082,830 Transit Company

General Fund 5,032,874 Component Unit-Library 5,032,874

TOTALS $150,125,198 $150,125,198

Section 8. That the sum of $472,207,624 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit, component unit and major category of expenditure, to the funds maintained by the city as shown in Table I on the following page of this ordinance.

Insert table

Section 9. That the sum of $472,207,624 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2001 and ending on the thirtieth day of June 2002 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the funds maintained by the city as shown in Table II on the following page of this ordinance.

Insert Table

Section 10. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

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31. Public Hearing, Second Reading and Final Passage of an Ordinance to authorize an encroachment into the public sidewalk right-of-way for restaurant seating at 822 N. Fairfax Street. (#22 6/12/01) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4214

AN ORDINANCE authorizing the lessee of the property at 822 North Fairfax Street to establish and maintain an encroachment into the public sidewalk right-of-way of 822 North Fairfax Street, in the City of Alexandria, Virginia.

WHEREAS, Ms. Perky, LLC, trading as Perk’s Coffee Shop ("Lessee") is the lessee of the commercial property located at 822 North Fairfax Street, in the City of Alexandria, Virginia; and

WHEREAS, Lessee desires to establish and maintain at least four seats at two tables, and one bench for outside seating which will encroach into the public sidewalk right-of-way at 822 North Fairfax Street; and

WHEREAS, the public right-of-way at that point on 822 North Fairfax Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Lessee be, and the same hereby is, authorized to establish and maintain an encroachment into the public sidewalk right-of-way of 822 North Fairfax Street, in the City of Alexandria, said encroachment consisting of four seats at two tables and one bench, as generally shown on the Encroachment Plan attached hereto, plus additional seating, not to obstruct the sidewalk, as approved by the director of planning and zoning, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Lessee of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Lessee maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Lessee as named insureds and shall provide for the indemnification of the City of Alexandria and Lessee against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Lessee shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Lessee. Nothing in this section shall relieve Lessee of its obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Lessee shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Lessee's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 6. That Lessee shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Lessee the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Lessee without cost to the city. If Lessee cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Lessee, and shall not be liable to Lessee for any loss or damage to the structure of the encroachment caused by the removal.

Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

Attachment: Encroachment Plan

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plat

32. Public Hearing, Second Reading and Final Passage of an Ordinance to authorize an encroachment into the public sidewalk right-of-way for an entrance stoop and stairs at 210 Wilkes Street. (#23 6/12/01) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Eberwein absent
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4215

AN ORDINANCE authorizing the owner of the property at 210 Wilkes Street to establish and maintain an encroachment into the public sidewalk right-of-way of 210 Wilkes Street, in the City of Alexandria, Virginia.

WHEREAS, Russell and Sally Murray ("Owner") are the owners of the residential property located at 210 Wilkes Street in the City of Alexandria, Virginia; and

WHEREAS, Owner desires to establish and maintain a brick stoop and stairs which will encroach into the public sidewalk right-of-way at 210 Wilkes Street; and

WHEREAS, the public right-of-way at that point on 210 Wilkes Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Owner be, and the same hereby is, authorized to establish and maintain an encroachment into the public sidewalk right-of-way of 210 Wilkes Street, in the City of Alexandria, said encroachment consisting of a brick stoop and stairs, 16 feet 8 inches in length and 5 feet and 4 inches in width into the public sidewalk right-of-way along 210 Wilkes Street, as generally shown on the attached encroachment plan, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that Owner maintain a minimum four and one-half foot wide unobstructed pedestrian pathway in front of the subject property.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public sidewalk right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/01
First Reading: 06/08/01
Publication: 06/10/01
Public Hearing: 06/16/01
Second Reading: 06/16/01
Final Passage: 06/16/01

Attachment: Encroachment Plan

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Plat

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (33-40)

Planning Commission (continued)

For Informational Purposes Only

33. CITY CHARTER, SECTION 9.06; CASE #2001-0002 --2400 BLK MILL RD; ROBERTS LA -- Public Hearing and Consideration of a proposal by the City of Alexandria, pursuant to the provisions of Section 9.06 of the City Charter, to exchange land with adjacent property owners for the purpose of realigning Mill Road, affecting the public rights-of-way of a portion of the 2400 block of Mill Road, a portion of Roberts Lane from Mill Road north to the railroad and Roberts Lane south of Mill Road. Applicant: City of Alexandria, Department of Transportation and Environmental Services.

COMMISSION ACTION: Recommend Approval 7-0

34. SPECIAL USE PERMIT #2001-0037 -- 3821 MT VERNON AV -- ARLANDRIA SHOPPING CENTER -- SUBWAY SANDWICH SHOP -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-6/Coordinated Development District, Arlandria Center-Berkey Photo. Applicant: Subway Real Estate Corporation, by Christopher Decre.

COMMISSION ACTION: Noted the Deferral

35. SPECIAL USE PERMIT #2000-0150 -- 1116 -- 1122 N FAIRFAX ST and 1125 N ROYAL ST -- WINDOWS CATERING CO -- Public Hearing and Consideration of a request for a special use permit for expansion of a catering business with a reduction of off-street parking; zoned CDX/Commercial Downtown. Applicant: Windows Catering Company, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Withdrawn (By Applicant)

36. VACATION #2001-0001 -- 706-708 MONTGOMERY ST -- Public Hearing and Consideration of a request for vacation of the public alley and court rights-of-way; zoned CD-X/Commercial Downtown. Applicant: Rafat Mahmood, by Duncan W. Blair, attorney; and appointment of viewers for same.

COMMISSION ACTION: Deferred (Applicant's Request)

37. DEVELOPMENT SPECIAL USE PERMIT #2001-0004 -- 1623 DUKE ST -- TABLE TALK RESTAURANT SITE -- Public Hearing and Consideration of a request for a development special use permit extension for construction of an office building; zoned OCH/Office Commercial High. Applicant: Mostafa Movahed, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred (Applicant's Request)

38. SPECIAL USE PERMIT #2001-0030 -- 1302 MT VERNON AV -- SOUTH CHINA RESTAURANT -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CL/Commercial Low. Applicant: Wing Cheun Chan.

COMMISSION ACTION: Deferred (By Staff)

39. SPECIAL USE PERMIT #2001-0034 -- 3006 JEFFERSON DAVIS HY; -- 406-408 E GLEBE RD -- ALL USA IMPORTS -- Public Hearing and Consideration of a request for a special use permit for light automobile repair and sales; zoned CSL/Commercial Service Low. Applicant: All USA Imports Inc., by Daryush Daraie.

COMMISSION ACTION: Deferred (By Applicant)

40. SPECIAL USE PERMIT #2001-0035 -- 421 CLIFFORD AV -- Public Hearing and Consideration of a request for a special use permit to operate a light automobile repair and sales facility; zoned CSL/Commercial Service Low. Applicant: Dung Nguyen.

COMMISSION ACTION: Deferred (Improper Notice)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals and withdrawal.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried unanimously by all those present, at 2:18 p.m., the Saturday, June 16, 2001 Public Hearing Meeting was adjourned. The voting was as follows:

Euille "aye" Eberwein absent
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

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APPROVED BY:

________________________________
KERRY J. DONLEY MAYOR

ATTEST:

___________________________________
Beverly I. Jett, CMC City Clerk

The Meeting was adjourned at 2:18 p.m.

Public Notice

There will be a Samuel Madden Task Force Meeting to discuss the Samuel Madden Homes (Downtown) on Friday, June 22, 2001, at 2:00 p.m., in the Council Workroom, City Hall, 301 King Street, Alexandria, VA

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This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.

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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

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