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Public Hearing Meeting
Saturday, October 17, 1992 - - 9:30 am

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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Platky, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. Moore, Zoning Administrator; Fire Chief Beam; Mr. McMahon, Deputy Director of General Services; Assistant Chief Levesque, Police Department; and Lieutenant Robbins, Police Department.

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

OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.

(b) B. C. May, 427 S. Lee Street, Chairman of the Board of the Alexandria Chapter of the American Red Cross, spoke to meetings that have been held with the City Manager's Office, regarding the Waterfront Festival. He briefed City Council on some of the plans that the Red Cross is making for next year's Festival.

He also expressed, on the behalf of the Alexandria Red Cross, its deep appreciation and pride of this entire community. One week after hurricane Andrew hit south Florida they were told that they had to raise $100,000 here in the community. In less than four weeks, the community of Alexandria contributed over $128,000 to hurricane Andrew relief and that is an extraordinary effort. They are very proud of everybody here.

(c) James Graham, 305 S. Royal Street, spoke to the negative press that the City has received regarding the parking issue. He also expressed concerns about the economic downturn and sales.

(d) Donald F. Mela, 1301 Kingston Avenue, suggested that the City consider metering more throughout the residential area, still honoring the permits for the tourists and the residents, but use that money to vastly improve our public transportation and satellite parking.

The Mayor stated that this recommendation should be referred to the Parking Task Force.



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NOTE: City Council considered Docket Item Nos. 3 (a)(b) together.

The City Clerk read the docket items.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
3. (a) Public Hearing and Consideration of Update on the Old Town Parking Program. (#15 (a) 10/14/92)

(A copy of the City Manager's memorandum dated 10/9/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3 (a); 10/17/92, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 3 (a); 10/17/92, and are incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

3. (b) Public Hearing. Second Reading and Final Passage of AN ORDINANCE to: (a) increase the residential permit parking fees for residents within a designated area of the city; (b) establish a scale of increased fees for the additional vehicles owned by such residents; (c) provide for a self-validating guest permit within that area of the city; (d) provide for a prorated fee refund upon the return of residential permit parking district permits; (e) revise the city code provisions governing the misuse of such permits; (f) increase to $250 the fine for misuse of residential permit parking district permits; and (g) reduce to 24 hours the duration of the tourist permit. (#15 (b) 10/14/92; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated 10/9/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No.1 of Item No. 3 (b); 10/17/92, and is incorporated herewith as part of this record by reference.

A copy of the Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3 (b); 10/17/92, and is incorporated herewith as part of this record by reference.

A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 3 (b); 10/17/92, and is incorporated herewith as part of this record by reference.

A copy of Ms. Merck's memorandum dated 10/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 3 (b); 10/17/92, and is incorporated herewith as part of this record by reference.)




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3. (b) WHEREUPON, a motion was made by Councilman Speck, seconded by Councilman Jackson that City Council defer the ordinance until the November 14 Public Hearing Meeting, with a request that it also be referred to the Parking Study Committee to look explicitly at the issue of whether the permits should be issued as a function of number per household or residential unit rather than establishing a cost schedule associated with that. [Public hearing will be specifically on the issue of the permits, and the City Attorney will bring this back, as well, in the form of an ordinance to act on.]







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3. (b) WHEREUPON, Council returned to the motion made by Councilman Speck, seconded by Councilman Jackson and carried unanimously, City Council deferred the ordinance until the November 14 Public Hearing Meeting, with a request that it also be referred to the Parking Study Committee to look explicitly at the issue of whether the permits should be issued as a function of number per household or residential unit rather than establishing a cost schedule associated with that. [Public hearing will be specifically on the issue of the permits, and the City Attorney will bring this back, as well, in the form of an ordinance to act on.] The voting was as follows:

3. (a) THEREUPON, a motion was made by Councilman Donley, seconded by Councilman Speck that City Council direct the City Attorney to prepare an ordinance and amendments to such ordinances that would reduce the $50 fine to $35 and terminate the meter operations at 6:00 p.m., with the request that these ordinances would be prepared and come back to Council for First Reading in November and [Public Hearing,] Second Reading and Final Passage in November; and referred the matter to the Parking Task Force for its study and comment and report back in November so that these two processes can run in a parallel manner allowing Council to get the input from the Parking Task Force, and also enabling Council to act in November.

3. (a) WHEREUPON, Council returned to the motion made by Councilman Donley, seconded by Councilman Speck and carried unanimously, City Council directed the City Attorney to prepare an ordinance and amendments to such ordinances that would reduce the $50 fine to $35 and terminate the meter operations at 6:00 p.m., with the request that these ordinances would be prepared and come back to Council for First Reading in November and [Public Hearing,] Second Reading and Final Passage in November; and referred the matter to the Parking Task Force for its study and comment and report back in November so that these two processes can run in a parallel manner allowing Council to get the input from the Parking Task Force, and also enabling Council to act in November. The voting was as follows:

(A copy of a partial verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 3 (a)(b); 10/17/92, and is incorporated herewith as part of this record by reference.)

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New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 5-to-0, at 12:25 p.m., City Council moved to convene an executive session, at this time, for the purpose of consulting with and receiving a briefing from legal counsel pertaining to the following pending litigation involving the city or a city officer or employee, pursuant to section 2.1-344(7) of the Virginia Code: * Stoneburner v. O'Deay and City of Alexandria, a case which is pending in the Circuit Court for the Arlington County and which arises from an automobile accident involving a city employee. The voting was as follows:

Whereupon, at 1:10 p.m., the meeting was reconvened and the following transpired:

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
4. SUP #2452-B - Public Hearing and Consideration of a review of a special use permit for the carry-out restaurant located at 1024 Cameron Street; zoned CD, Commercial Downtown. Applicant: Rasoul Termeh.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/17/92, and is incorporated herewith as part of this record by reference.

A copy of Mrs. Dempsey's memorandum dated 10/17/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 4, 5, and 6; 10/17/92, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation, subject to compliance with all applicable codes, ordinances and staff recommendations, and with the inclusion of Condition #11. The voting was as follows:

5. SUP #2532-A - Public Hearing and Consideration of a review of a special use permit for the restaurant (tea house) located at 119 South Royal Street; zoned CD, Commercial Downtown. Applicant: Vivien M. Bacon.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/17/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #7 to go back to the original hours [Monday, 10:00 a.m. to 6:00 p.m.; Tuesday through Thursday, 10:00 a.m. to 8:00 p.m.; Friday thru Saturday, 10:00 a.m. to 10:00 p.m.; and Sunday, 10:00 a.m. to 8:00 p.m.] and amended the added Condition #9 to read: "9. The applicant shall provide and require their restaurant employees who drive to use off-street parking." The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
6. SUP #2612 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 222 North Lee Street; zoned CD, Commercial Downtown. Applicant: Marvelous Market, by Janis P. McConnell.
COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/17/92, and is incorporated herewith as part of this record by reference.

A copy of a petition containing 53 signatures in support of this special use permit is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 6; 10/17/92, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 5-to-2, City Council approved the request as recommended by the Planning Commission, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #9. The voting was as follows:

7. SUP #2253-D - Public Hearing and Consideration of an amendment to Condition #64 of the existing Special Use Permit to extend the due date for commencement of construction for 30 months or until April 18, 1995, for the "Carlyle" development project located at Duke Street, Holland Lane and Eisenhower Avenue; zoned CO, Commercial Office. Applicant: CNS Partnership, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/17/92, and is incorporated herewith as part of this record by reference.)

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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation that the request for an extension for 18 months for the "Carlyle" development starting from the date of City Council approval of SUP #2353-D, with the provision that the staff report be corrected, and under Condition No. 64 the underscored portion in the fourth line should be corrected to read ''prior to April 18, 1994". The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
8. SUP #2614 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 3011 King Street; zoned R-8, Residential. Applicant: Martha L. Quant.
COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/17/92, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item, including a petition containing 19 signatures in opposition, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 8; 10/17/92, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with two additional conditions to read: "9. Review at the last public hearing meeting in June [1993]; 10. Submit to the Director of Transportation and Environmental Services for his approval prior to the final permit being issued, a written and detailed outline transportation safety plan that outlines how you will be managing dropping off of the children and picking up of the children to insure that there are at no time any unsafe conditions."; and to modify condition 6 to read: "6. No more than eight (8) non-related children being provided day care shall be permitted on the property at any one time, [eight being no children of her own]."; modify condition 3 to read: "3. The day care shall operate only between 7:30 a.m. and 5:30 p.m., Monday through Friday, as requested by the applicant.''; add the applicant's proffer that the children will be outside for one hour [a day]; and to have it [sup] contingent on the final licensure by the state. The voting was as follows:

9. SUP #1351-G - Public Hearing and Consideration of a review of a special use permit for the automobile sales business located at 5125 Duke Street; zoned CG, Commercial General. Applicant: Rosenthal-Hayman, t/a Landmark Honda, by Michael Charapp, attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/17/92, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted Condition #18. The voting was as follows:

10. SUP #2169-B - Public Hearing and Consideration of a review of a special use permit for the car wash facility located at 1016-1020 North Henry Street; zoned CRMU/H, Commercial-Residential Mixed Use, High. Applicant: Richard Hetherington, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/17/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Jackson and Vice Mayor Cleveland and carried on a vote of 5-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Conditions #7 and #8, and deleted Conditions #11, #12, #13, #14, #15, and #16. The voting was as follows:

11. SUP #2349-B - Public Hearing and Consideration of a review of a special use permit for the restaurant located at 3690 King Street, Units N & P, within the Bradlee Shopping Center; zoned CG, Commercial General. Applicant: Chicken Express, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/17/92, and is incorporated herewith as part of this record by reference.)




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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilmen Donley and Jackson and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Conditions #13, #14, and #15, and added Condition #16. The voting was as follows:

12. SUP #2513-A - Public Hearing and Consideration of a review of a special use permit for the restaurant located at 3606 Mount Vernon Avenue; zoned CG, Commercial General. Applicant: Lela Harris, t/a Tamarind Seed Restaurant, by Warren L. Almquist, architect.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/17/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #9. The voting was as follows:

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13. SUP #2606 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile sales facility located at 1515 North Quaker Lane; zoned CG, Commercial General. Applicant: Amati of Alexandria, Division of Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/17/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #14. The voting was as follows:

14. SUP #2608 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile rental business located at 3130 Duke Street; zoned CG, Commercial General. Applicant: Premier Car Rental, Inc., by Donald D. Smith.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/17/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Member Rich and Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #2. The voting was as follows:






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15. SUP #2615 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair and detailing facility located at 3700 Jefferson Davis Highway; zoned CDD #7, Coordinated Development District. Applicant: NAB Corporation, by Abayomi Baruwa.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/17/92, and is incorporated herewith as part of this record by reference.)

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 unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #17. The voting was as follows:

16. SUP #2618 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 439 Calvert Avenue; zoned I, Industrial. Applicant: Truck and Trailer Service Center, by Richard J. Whary, Jr., owner, and Shelby J. Barclay, agent.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/17/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:







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17. SUP #2622 - Public Hearing and Consideration of a request for a Special Use Permit to operate a convenience store located at 5101 Seminary Road; zoned CG, Commercial General. Applicant: Janak Tahiliani.
COMMISSION ACTION: Recommend Denial 5-2

(A copy of the Planning Commission report dated 10/8/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/17/92, and is incorporated herewith as part of this record by reference.

Copies of communications in opposition to this application are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 17; 10/17/92, and are incorporated herewith as part of this record by reference.)

WHEREUPON upon motion by Council Member Rich, seconded simultaneously by Councilwoman Pepper and Councilman Jackson and carried unanimously, City Council denied this request. The voting was as follows:

Rich "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
ORDINANCES AND RESOLUTIONS (continued)

18. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize encroachments into the public street right-of-way for two signs for the Landmark Shopping Center at 5801 Duke Street. (#18 10/14/92; ROLL-CALL VOTE)

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

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

The ordinance finally passed reads as follows:







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ORDINANCE NO. 3596

AN ORDINANCE authorizing the owner of the Landmark Shopping Center at 5801 Duke Street in the City of Alexandria, Virginia, and the owner's successors in title, to establish and maintain encroachments for two signs into the public right-of-way of 5801 Duke Street.

WHEREAS, U.S. Prime Property Inc. is the owner of the property located at 5801 Duke Street in the City of Alexandria, Virginia; and

WHEREAS, U.S. Prime Property Inc. desires to establish and maintain a freestanding directional sign and a freestanding "monument style" sign which will encroach into the public right-of-way at 5801 Duke Street; and

WHEREAS, the public right-of-way at that point on 5801 Duke Street will not be significantly impaired by these encroachments; and

WHEREAS, these encroachments have 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 these encroachments are not detrimental to the public interest; therefore,

Section 1. That U.S. Prime Property Inc. and its successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain encroachments into the public right-of-way of 5801 Duke Street in the City of Alexandria, said encroachments consisting of (i) a freestanding directional sign measuring 20 feet 6 inches in height from the roadway to the top of the sign and approximately 18 feet in length by six feet in width, and containing an area of 108 square feet, and (ii) a freestanding "monument style" sign measuring eight feet in height and containing 72 square feet, with a sign face seven feet in length by three feet six inches in width, said encroachments continuing until removed or destroyed or until this authorization to maintain them is terminated by the city; provided, that this authorization to establish and maintain the encroachments shall not be construed to relieve Owner of any liability for any negligence on its part on account of or in connection with either of the encroachments and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachments shall at all times be subject to the following conditions:




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Section 3. That the authorization hereby granted to establish and maintain said encroachments 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:

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 signs authorized by this ordinance to encroach into the public right-of-way. 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 encroachments 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 encroachments and by so establishing and/or maintaining the encroachments, 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 signs authorized by this ordinance to encroach into the public right-of-way.

Section 5. That the authorization herein granted to establish and maintain the encroachments 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 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 7. That Owner shall timely pay to the City of Alexandria for the encroachments authorized herein the annual charge established in section 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

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Section 8. That the authorization herein granted to establish and maintain either or both of the encroachments 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 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 9. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: 10/14/92
First Reading: 10/14/92
Publication: 10/16/92
Public Hearing: 10/17/92
Second Reading: 10/17/92
Final Passage: 10/17/92

19. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way for a brick wall at 612 Malcolm Place. (#19 10/14/92; ROLL-CALL VOTE)

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

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

The ordinance finally passed reads as follows:
ORDINANCE NO. 3597

AN ORDINANCE authorizing the owners of 612 Malcolm Place in the City of Alexandria, Virginia, and the owners' successors in title, to establish and maintain an encroachment into the public right-of-way at the corner of their property, at 612 Malcolm Place, and West Braddock Road.

WHEREAS, James W. and Margo T. Heegeman are the owners of the property located at 612 Malcolm Place in the City of Alexandria, Virginia; and

WHEREAS, James W. and Margo T. Heegeman desire to establish and maintain a brick wall at the corner of their property which will encroach into the public right-of-way of 612 Malcolm Place and West Braddock Road; and



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WHEREAS the public right-of-way at that point on 612 Malcolm Place and West Braddock Road 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,

Section 1. That James W. and Margo T. Heegeman and their successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way at the corner of their property at 612 Malcolm Place and West Braddock Road in the City of Alexandria, said encroachment consisting of a brick wall to be installed slightly beyond the west boundary of the Owner's property. The proposed brick wall measures 96 feet in length and will consist of 11 evenly spaced brick pillars. The brick wall varies in height from 1 foot 9 inches at a curved section to an overall height of 2 feet 6 inches along its straight axis. The brick pillars stand 2 feet 1 inch in height. A wrought iron chain will be installed on top between the brick pillars located along the curved section of the wall. The brick wall will encroach into the city right-of-way at its narrowest point by 1 foot 6 inches and at its furthest point by 8 feet. The encroachment area totals approximately 236 square feet. Said encroachment shall be maintained 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 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:

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







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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 3. 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 4. 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 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 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 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.

Introduction: 10/14/92
First Reading: 10/14/92
Publication: 10/16/92
Public Hearing: 10/17/92
Second Reading: 10/17/92
Final Passage: 10/17/92







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20. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public alley right-of-way for a wood fence at 304 West Glendale Avenue. (#20 10/14/92; ROLL-CALL VOTE)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilmen Donley and Jackson and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as f ollows:

The ordinance finally passed reads as follows:
ORDINANCE NO. 3598

AN ORDINANCE authorizing the owners of the property at 304 West Glendale in the City of Alexandria, and their successors in title, to establish and maintain an encroachment into the public right-of-way of a public alley at the rear of said property.

WHEREAS, Thomas H. Douglas and Sarah H. Douglas are the owners of the property located at 304 West Glendale Avenue, in the City of Alexandria, Virginia; and

WHEREAS, Thomas H. and Sarah H. Douglas desire to establish and maintain a six foot high wood fence which will encroach into the public right-of-way of an alley located at the rear of their property at 304 West Glendale Avenue; and

WHEREAS, the public right-of-way at that point on the public alley 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 Thomas H. and Sarah H. Douglas and their successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of a public alley at the rear of their property located at 304 West Glendale Avenue, in the City of Alexandria, said encroachment consisting of a six foot high wood fence which extends 60 feet in length and encroaches between seven feet four inches to seven feet nine inches into the public alley, 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.


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Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that, in the event the city should ever need to repair and maintain the storm sewer box culvert which lies beneath the public alley right-of-way at the rear of Owner's property, Owner at its own expense and option must remove the wood fence; provided, that once the city repairs and other undertakings are completed, Owner may, at its own expense, reinstall the wood fence in a manner consistent with the encroachment authorized by this ordinance.

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:

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 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.







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

Introduction: 10/14/92
First Reading: 10/14/92
Publication: 10/16/92
Public Hearing: 10/17/92
Second Reading: 10/17/92
Final Passage: 10/17/92

21. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to include within the city code provisions regarding public drunkenness intoxicants other than alcohol. (#21 10/14/92; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated 10/10/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/17/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

(Mayor Ticer and Councilwoman Pepper clarified for the record that the motion was made by Councilman Donley and seconded by Councilwoman Pepper.]







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The ordinance finally passed reads as follows:
ORDINANCE NO. 3599

AN ORDINANCE to amend and reordain section 13-1-5 (DRUNKENNESS IN PUBLIC) 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 13-1-5, Chapter 1, Title 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. 13-1-5. Public intoxication.

If any person is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a class 4 misdemeanor. If there is a court-approved detoxification center in the city or a neighboring jurisdiction, a law enforcement officer may authorize the transportation, by police or otherwise, of a person who is in violation of this section to such detoxification center in lieu of arrest; provided, however, that no person shall be involuntarily detained in such center.

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

Introduction: 10/14/92
First Reading: 10/14/92
Publication: 10/16/92
Public Hearing: 10/17/92
Second Reading: 10/17/92
Final Passage: 10/17/92
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

CONSENT CALENDAR 22 - 26

22. SUP #1931-A
23. SUP #2511-A
COMMISSION ACTION: Withdrawn by Staff Prior to Hearing



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24. SUP #0869-A
COMMISSION ACTION: Recommend Deferral to Nov. Hearing
6-0
Reason: Applicant Filed to Mail Proper Notice

25. SUP #2616
COMMISSION ACTION: Withdrawn by Applicant at Hearing

26. VACATION #92-003
COMMISSION ACTION: Recommend Deferral to Nov. Hearing
7-0
Reason: Allow Applicant to Work with Staff

WHEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried unanimously, City Council noted the deferrals and withdrawals. The voting was as follows:

OTHER

27. Consideration of Status Report on the Proposed Jack Kent Cooke Stadium. (Oral Report)

New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, City Council authorized the City Attorney to settle, on behalf of the City defendants, the law suit entitled Stoneburner v. O'Deay, et al., which is pending in Arlington Circuit Court, up to the amount and under the terms agreed upon in executive session. The voting was as follows:







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New Business Item No. 3: WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

The resolution reads as follows:
RESOLUTION NO. 1621
WHEREAS, the Alexandria City Council has this 17th day of October, 1992, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, at 4:25 p.m., the Public Hearing Meeting of Saturday, October 17, 1992, was adjourned. The voting was as follows:


APPROVED BY:


______________________________________
PATRICIA S. TICER MAYOR




ATTEST:



________________________________
Beverly I. Jett, CMC City Clerk







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This docket is subject to change.

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