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Public Hearing Meeting
Saturday, May 14, 1994 - - 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: Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Brannan, Assistant City Manager; Mr. Gitajn, Director of Financial and Information services; Mr. Neckel, Director of Finance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Ms. Ross, Deputy Director of Planning and Community Development; Ms. Boyd, Director of Citizen Assistance; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Pessoa, Assistant City Attorney; Chief Fire Marshal Conner; Mr. Skrabak, Manager of Environmental Quality; Mr. Crabtree, Chief of Surveys; Mr. McMahon, Deputy Director of General Services; Ms. Johnson, Urban Planner, Planning and Community Development; Police Chief Samarra; Assistant Police Chief George; and Lieutenants Clancey and Crawford, Police Department.

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


OPENING

Mayor Ticer called the meeting to order and the City Clerk called the Roll; all Members of City Council were present.

(a) Jack Sullivan, 4300 Ivanhoe Place, spoke to the master plan process of the City Charter which was amended, at the request of our representatives, during the last session of the Virginia Legislature. The Charter was amended giving City Council new powers in the master plan process. In effect, the Planning Commission cannot in the future by inaction block the Council from initiating amendments to the master plan. He stated that his message this morning is simple. Council has a new power when it is appropriate to your responsibilities, but he asked Council to use it wisely and with discretion. He spoke to the Planning Commission action which was taken with respect to Docket Item Nos. 27 and 28 on today's docket. He stated that the Planning Director has recommended that Council defer action until the fall. At that time, the applicant will have an opportunity to come back to the Planning Commission for rehearing. He urged Council to heed Mr. Lynn's advice.



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(b) Robert T. Maslyn, 703 Devon Place, brought to the attention of the Council and to the community, an idea that he has surfaced and floated around a variety of quarters, called: "Electronic Alexandria Community." He indicated that Councilwoman Pepper has already shared this with the City Council and the City government. He indicated that he would appreciate feedback on this. Basically, the idea is to enable the many different ways in which a community can electronically communicate to each other to help move that process along. He indicated that this is something that is going on in a variety of other communities around the nation. As close as Blacksburg, Virginia, there is something called: "The Electronic Blacksburg Village." The intent is to make available government information electronically, publicly accessible to permit the City government, as well as the community-at-large, to permit the community to deliver services, do business electronically, and a variety of amazing potential possibilities. He indicated that if anybody is interested in this across the community, in addition to the leadership of the City government, his phone number is 836-3729. His electronic address is Maslyn@tmn.com. He indicated this would enhance citizenship and enhance the sense of community.

(c) Michael Brown, 18 E. Custis Avenue, representing Del Ray Citizens Association, acknowledged thanks for the efforts of Beverly Steele, Richard Kauffman and Sheldon Lynn, they were able to work out with the YMCA all of the fine points of their expansion effort and that is why it is on the Consent Calendar today. The City staff deserves recognition for that.

He indicated that the second issue is that several months ago the Del Ray Citizens Association was served with a subpoena over an issue dating back three or four years. The association was being sued basically for testifying at public hearings. He stated that he was pleased yesterday that the Court sided with Del Ray Citizens and they were dismissed along with its past president from that lawsuit. It was a first amendment victory. He thanked the City Manager, the City Attorney, Peggy Papp, and Bev Jett for their help in reconstructing what happened three or four years ago and for their moral support.

The City Attorney stated that something very substantial happened as well. The Court entered sanctions against the individual who brought that lawsuit, financial sanctions for having brought the lawsuit against Del Ray and Mr. Kuckro. So not only did they get dismissed, but there was a price paid by the plaintiff in suing them.

Vice Mayor Cleveland indicated that he would like to work with Mr. Brown on an idea for the Arlandria area on Mt. Vernon Avenue in the City's new enterprise zone. It is called the World's Best Hot Dogs. The whole idea of it is to get the City working together. This would be an idea for kids to run this place. We could make it so that they will learn about the enterprise from the ground up and also being a part of making this possible. He spoke to our Resident Officer who has been having some problems with a piece of property that the City has. She and the Vice Mayor hopefully will be in front of the Parks and Recreation Commission this Thursday, May 19.

Mr. Brown indicated that they would be pleased to work with them.

(d) John Chapman Gager, representing Friends of Homeless Animals and Old Town Yacht Basin, spoke during this period.





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(e) Robert Eiffert, 110 Adams Avenue, representing Alexandria Agency on Aging and Commission on Aging, reminded Council of the "Green Ribbon Campaign" to promote elder abuse prevention awareness as part of "Older Americans Month". He also announced that the Senior Fair will be taking place from Noon until 4:00 p.m. on Market Square. This is sponsored by the Department of Recreation, Parks and Cultural Activities. He recognized the Christmas in April Project which did a tremendous job in Alexandria fixing homes for elderly folks and thanked the City Council personally for adopting a home.

Mayor Ticer thanked members of City staff who assisted also.

WITHOUT OBJECTION, City Council considered Docket Item Nos. 27 and 28 together.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
27. MPA #94-001 - Consideration of a request for an amendment to the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan to change the development permitted on the piggyback yard portion of the Potomac Yards (the area north of Slater's Lane between the Metrorail tracks and the Potowmack Crossing Condominiums) without a Coordinated Development District Special Use Permit (CDD SUP). Currently, without a CDD SUP the application is permitted to develop the site at RB/Townhouse densities. The proposed change would allow an increase in development, at CRMU-L/Commercial Residential Mixed Use--Low densities. Applicant: RF&P Corporation, by Harry P. Hart, attorney.
(A copy of Mr. Lynn's memorandum dated May 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 5/14/94, and is incorporated herewith as part of this record by reference.)

28. REZONING #94-001 -- TA #94-005 -- Public Hearing and Consideration of a request to change the underlying zoning of the piggyback yard from RB to CRMU-L with a proffer limiting development to 580 residential units and 31,000 square feet of commercial development at heights up to 58 feet with special use permit approval. The 23.37-acre site is zoned CDD #10. Applicant: RF&P Corporation, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Denial 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 5/14/94, and is incorporated herewith as part of this record by reference.

Copies of communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item Nos. 27 and 28; 5/14/94, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council deferred these two items indefinitely, perhaps they will come back in the fall, with the idea that the Planning Commission will then have a fuller picture that can be put before us. The voting was as follows:

Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

WITHOUT OBJECTION, City Council removed Docket Item Nos. 6, 7, 8, 15, 16, and 22 from the Action Consent Calendar.

ACTION CONSENT CALENDAR 3 - 23
Planning Commission (continued)
3. MPA #94-005 - Public Hearing and Consideration of corrections to the King Street/Eisenhower Avenue Small Area Plan Chapter of the adopted 1992 Master Plan by changing the land use designation of the property east of South Peyton Street (extended) along the south side of Duke Street to South West Street (1400-1454 Duke Street and 301 South West Street) from OCM-100 to OCM-50. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Approved 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/14/94, and is incorporated herewith as part of this record by reference)

4. REZONING #94-005 - Public Hearing and Consideration of three technical corrections to the City's official zoning map: (1) change the zone of the portion of the site west of South Peyton Street (extended) (310 Holland Lane and 1456-1680 Duke Street) from OCM to OCM-100; (2) change the zone of the portion of the site east of South Peyton Street (extended) (1400-1454 Duke Street and 301 South West Street) from OCM to OCM-50; and (3) change the Height District of the portion of the site east of South Peyton Street (extended) from Height District #5 (77 feet) to Height District #6 (determined by zone). Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/14/94, and is incorporated herewith as part of this record by reference.)

5. REZONING #94-006 - Public Hearing and Consideration of an extension of Height District #1 (Historic/50 foot) to include the area along the south side of Duke Street between South Henry and South West Streets (for a depth of 100 feet) that was recently added to the Old and Historic Alexandria District. The area is now within Height District #6 where the height is determined by the applicable zone. The applicable zone for this area is the OC zone which permits a maximum of 50 feet of height, the same as in the proposed Height District #1. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 6-0.
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(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/14/94, and is incorporated herewith as part of this record by reference.)

9. SUP #2782 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a new YMCA building (non-commercial indoor recreational facility) and site improvements, and for a parking reduction, for the property located at 420 East Monroe Avenue; zoned R-2-5/Single-and Two-Family Residential. A modification to the side yard requirement is requested. Applicant: Robert Mercer, YMCA of Metropolitan Washington.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/14/94, and is incorporated herewith as part of this record by reference.)

10. MPA #94-007 - Public Hearing and Consideration of a request for an amendment to the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the Coordinated Development District (CDD) principles for Cameron Center to allow development up to heights of 100 feet without a CDD special use permit. Applicant: Lehigh Portland Cement Company, by Donald F. Simpson, developer, agent.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/14/94, and is incorporated herewith as part of this record by reference.)

11. SUP #2289-C - Public Hearing and Consideration of a request for a five-year extension to Special Use Permit #2289-B and for an amendment to allow interim uses on the site located at 2600 Business Center Drive. The approved plan permits development of up to 484,460 square feet of warehouse/office space. The site contains 28.88 acres and is zoned I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/14/94, and is incorporated herewith as part of this record by reference.)

12. SUP #2689-A - Public Hearing and Consideration of a review of a special use permit for the child care home located at 3102 Wilson Avenue; zoned R-2-5/Residential. Applicant: Kelly's Kiddie Corner Child Care Center by Allie B. Smith and Sherry A. Williams.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/14/94, and is incorporated herewith as part of this record by reference.)







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13. SUP #2691-A - Public Hearing and Consideration of a review of a special use permit for the child care home located at 4443 Venable Avenue; zoned R-2-5/Residential. Applicant: Nellie Marie Smith.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/14/94, and is incorporated herewith as part of this record by reference.)

14. SUP #2797 - Public Hearing and Consideration of a request for a special use permit to operate a convenience store and valet service in Marina Towers located at 501 Slater's Lane; zoned RC/Residential. Applicant: Sonnie Raley and Mehe Watchko.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/14/94, and is incorporated herewith as part of this record by reference.)

17. SUP #2803 - Public Hearing and Consideration of a request for a special use permit to operate an automobile storage facility for limousines located at 4588-4590 Eisenhower Avenue; zoned OCM/Office Commercial Medium. Applicant: Majestic Limousine Service.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/14/94, and is incorporated herewith as part of this record by reference.)

18. SUP #2805 - Public Hearing and Consideration of a request for a special use permit to operate an automobile storage facility located at 3700 Jefferson Davis Highway; zoned CDD #7/Coordinated Development District. Applicant: Airpark DCA, Inc., by Brad Marx.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/14/94, and is incorporated herewith as part of this record by reference.)

19. SUP #2800 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 630 South Payne street; zoned RB/Residential. Applicant: Sallie Hill.
COMMISSION ACTION: Recommend approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/14/94, and is incorporated herewith as part of this record by reference.)







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20. TA #94-004 - Public Hearing and Consideration of amendments to Section 2-163.1 (Definitions, Light assembly, service and crafts) and Section 4-303 (CSL/Commercial Service Low--Special Uses) of the Zoning Ordinance, to create a new use, light assembly, service and crafts, and to allow the new use in the CSL zone as a special use. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/14/94, and is incorporated herewith as part of this record by reference.)

21. SUP #2571-B - Public Hearing and Consideration of a review of a special use permit for the automobile rental agency with automobile storage located at 512 South Van Dorn Street, Unit C; zoned CG/Commercial General. Applicant: Enterprise Rent-A-Car, by Nan E. Terpak.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/14/94, and is incorporated herewith as part of this record by reference.)

23. VACATION #94-003 - Public Hearing and Consideration of a request for vacation of a portion of the public street right-of-way of Gibbon Lane, from West Street to Hamilton Lane for cemetery use; zoned RB/Residential. Applicant: Bethel Cemetery and appointment of viewers for same.
(A copy of the Planning Commission report dated May 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 5/14/94, and is incorporated herewith as part of this record by reference.

A copy of Mr. Sanderson's memorandum dated May 11, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 5/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 6, 7, 8, 15, 16, and 22, which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission and approved the proposed master plan amendment.

4. City Council approved the recommendation of the Planning Commission and approved the proposed rezoning.

5. City Council approved the recommendation of the Planning Commission and approved the proposed rezoning.

9. City Council approved the recommendation of the Planning
Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.


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10. City council approved the recommendation of the Planning Commission and approved the proposed Master Plan amendment.

(Councilman Jackson stated that Ellen Pickering, on behalf of theTaylor Run Civic Association, had indicated to him this morning that there was some opposition from the Board of the Civic Association on this item; however, he did not pull this item from the Consent Calendar.)

11. City Council approved the recommendation of the Planning Commission and approved the extension and the amendment to SUP 2289C, subject to all applicable codes and ordinances and the staff recommended conditions.

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

17. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

18. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

19. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

20. City Council approved the recommendation of the Planning Commission and approved the text amendment.

21. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.







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23. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Carolyn Merck, Chair, and Robert O. Butler and Helen Miller, as Viewers.

END OF ACTION CONSENT CALENDAR
The voting was as follows:
Jackson "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck out of room

6. REZONING #93-006 - Public Hearing and Consideration of a technical correction to the zoning map changing the zone classification of the properties located at 300 and 400 Yoakum Parkway from POS/Public Open space to RC/High Density Apartment, consistent with the Landmark-Van Dorn section of the adopted Master Plan. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, [with the understanding that Mr. Middleton, attorney for the owner of the property, will discuss the issue raised by Mr. Stansbury, president of Alexandria Knolls West Condominium Homes, with his client to come to an agreement prior to the adoption of the ordinance next month.] The voting was as follows:

Pepper "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck "aye"







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7. SUP #2783 - Public Hearing and Consideration of a request for a special use permit, with site plan, to: (1) expand the existing automobile dealership at 1525 Kenwood Avenue [Lindsay Cadillac], (2) renovate the existing automobile dealership building at 1601 Fern Street for a new automobile dealership [Saturn of Alexandria], and (3) install a temporary office trailer at 1601 Fern Street; zoned CSL/Commercial Service Low. Applicant: The Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney, agent.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission memorandum dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/14/94, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's undated memorandum to the Mayor and Members of Council, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 5/14/94, 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 recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances, staff recommendations, and amended conditions R-12 and R-22, as indicated in Mr. Lynn's memorandum [Exhibit No. 2]. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

8. VACATION #94-001 - Public Hearing and Consideration of a request for vacation of a portion of the Fern Street public right-of-way, between Kenwood Avenue and Osage Street (1600 block); zoned CSL/Commercial Service Low and R-8/Residential. Applicant: The Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney, agent, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/14/94, 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 of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Rebecca Davies, Chair, and Joan Furtaw and Angus Lamond, as Viewers. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

15. SUP #2798 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 621 South Fayette Street; zoned RB/Residential. Applicant: Isabella Tate.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/14/94, and is incorporated herewith as part of this record by reference.)

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

Cleveland "aye" Ticer "aye"
Pepper "aye" Donley "aye"
Speck "aye" Jackson "aye"
Rich "aye"

16. SUP #2802 - Public Hearing and Consideration of a request for a special use permit to operate a day school located at 3606 Seminary Road; zoned R-20/Residential. Applicant: Grace Episcopal Church, by John Cole, Cole and Denny, Inc.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/14/94, and is incorporated herewith as part of this record by reference.



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A copy of a letter from Ms. Tyler dated May 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 5/14/94, 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 recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations with an amendment to Condition #6 to allow Grace Episcopal Church the use of the facilities beginning September 1 through December 1, 1994. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

22. SUP #2727-A - Public Hearing and Consideration of a review of a special use permit for the automobile sales/auction business located at 110 South Floyd Street; zoned I/Industrial. Applicant: Tri-Star Enterprises, Inc., by Christopher J. Fanzo.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/14/94, and is incorporated herewith as part of this record by reference.

Copies of communications received are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 22; 5/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with a change in Condition #17 to alter the review period from six months to twelve months. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"

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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

24. Public Hearing on and Consideration of Proposed Changes in Parking Requirements in the Old Town Special Parking District. (#16 (a) 5/10/94)

(A copy of the City Manager's memorandum dated May 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/14/94, 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. 24; 5/14/94, and is incorporated herewith as part of this record by reference.)

25. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to reduce, from two hours to one hour, the amount of time, between the hours of 11:00 p.m. and 2:00 a.m., seven days a week, that a motor vehicle lacking an appropriate permit may park along streets containing residential permit parking district signs in the Old Town special parking district (the area bounded by Princess, North Washington and Wolfe Streets and the Potomac River). (#16 (b) 5/10/94) (ROLL-CALL VOTE)

(A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/14/94, and is incorporated herewith as part of this record by reference.

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. 2 of Item No. 25; 5/14/94, and is incorporated herewith as part of this record by reference.)



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Larry Stansbury, 6101 Edsall Road, representing Alexandria Knolls West Condominium Homes, spoke against;

Colleen Sealander, 112 Prince Street, spoke in support;

Kathleen Baker, 1605 Boyle Street, representing KISMET, spoke against;

Charles Pearcy, 56 Wolfe Street, representing Harborside residents, spoke in support of Old Town Civic Association proposals;

Michael Brown, 18 E. Custis Avenue, representing Del Ray Citizens Association, spoke against;

Norma Dempsey, 214 Prince Street, spoke in support of Old Town Civic Association proposals;

Nina Tisara, 1607 King Street, representing Tisara Inc., spoke against;

Judy McVay, 207 N. Columbus Street, spoke in support of parking relief;

Jock P. Janetatos, 206 Wolfe Street, spoke in support of Old Town Civic Association proposals;

Julie Coyle, 100 Franklin Street, representing Back Yard Boats, spoke against;

Virginia Pitcher, 111 Quay Street, spoke in support of residential relief;

David E. Ervin, 116 Prince Street, representing himself and his wife, spoke in support;

Dan Geller, 215 King Street, representing Old Town Business Association, spoke against;

Ellen Pickering, 102 Roberts Lane, representing Taylor Run Civic Association, spoke in support;

James Graham, 728 King Street, spoke against;

Barbara P. Beach, 128 N. Pitt Street, attorney representing the restaurants, spoke against;

Thomas Russo, 203 S. Strand Street, representing Chadwick's Restaurant, spoke against;

Betty Fadley, 119 King Street, representing Clifford Cline and The Wharf and 219 Restaurants, spoke against;

Douglas Harvey, 109 S. St. Asaph Street, representing Portner's Restaurant, spoke against;

Michael Anderson, 5 Cameron Street, representing Radio Free Italy, spoke against;

Anna M. Moore, 206 Wolfe Street, spoke in support of Old Town Civic Association proposals;

Jay Test, 121 S. Union Street, representing Union Street Public House, spoke against;



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Bryan Watson, 111 King Street, representing Armand's Pizzeria and The Penalty Box Restaurants spoke against;

Diana Damewood, 220 N. Lee Street, representing Ecco Cafe, spoke against;

Gordon King, 112 King Street, representing Bullfeather's Restaurant, spoke against;

Larry Robinson, 624 S. St. Asaph Street, representing Old Town Civic Association, spoke in support of relief;

Lee Quill, 111 N. Pitt Street, spoke against;

Gail Courtney Rittgers, 420 N. Washington Street, spoke against; and

General Discussion. There was considerable discussion on this issue by the Mayor and Members of City Council, Police Lieutenant Clancey, and Police Chief Samarra.

Vice Mayor Cleveland requested that he wants to be a part of any meetings with respect to valet parking.

Council Member Rich requested a report back on what the current ordinance does for us now in terms of enforcement and any recommendations for change to that.

The City Attorney stated that the ordinance today as it is being implemented is that the time limit applies to the particular parking spot. It is two or three consecutive hours in a single parking space. If an individual moves from that space to another space on the same block face or on the block or around the block, a new two- or three-hour period begins.

Council Member Rich stated that his point is, if there is no consensus that the rule ought to be something different, then there is no reason to study it, but it seems to him that that is not reasonable.

The City Attorney said that one of the problems is a signage problem. That is, making it clear to an individual that it is something beyond the parking space that the time limitation applies to. So, if we were to expand it to a block or a block face or a district, you have to have signage that is going to make clear what that geographical space is. If it were a block or block face, we would have to go around and change all of the signs to make clear what space is applicable or tied to the time limitation.

Councilman Speck stated that this is something that can be discussed further. Clearly, we do not want people who are commuter parkers abusing the concept of the two-hour parking. The hand-held computers will help us get a handle on that because the chalk mark issue is a somewhat antiquated procedure. Someone can easily circumvent that. We also do not want to penalize the day-time user that comes down for a couple of hours to shop, goes home, and then comes back later that evening and parks in the same block. That is something that you are going to have to sort out in terms of exactly what it is you want to define as being the proper use and how you distinguish between what is appropriate and what is not appropriate.


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25. WHEREUPON, upon motion by Councilman Speck, seconded by Council Donley and carried on a vote of 4-to-2-to-1, City Council tabled the ordinance. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "no" Pepper "abstain"
Rich "no"

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, (1) Council directs the City Manager to significantly increase police presence and visibility in the Central Business District through the increased use of foot patrols, bicycle officers and sobriety checkpoints and authorizes the Manager to expend up to $80,000 in FY 95 for overtime costs; (2) Council directs the City Manager to aggressively enforce existing misdemeanor criminal statutes in the Central Business District that are directed at boisterous, rowdy and nuisance-causing behavior, and to do so in a manner that results in the issuance of summonses; (3) Council authorizes the expenditure of up to $198,387 for hand-held and other computer equipment to implement on-street computerization of parking enforcement; (4) the Council authorizes the City Manager to expend up to $15,000 for consulting, design, development, marketing and implementation of a comprehensive valet parking program and for the marketing and promotion to increase participation in "Park Alexandria"; (5) Council authorizes the City Manager to expend up to $15,000 for consulting, design, development, implementation, marketing and promotion of a comprehensive daytime parking program for public and private employees; and (6) Council directs the City Manager to prepare and submit to the Planning Commission, for consideration at its June meeting, a zoning text amendment that would require restaurants in the Special Parking District to ensure that employees who drive to work not park on any public right-of-way after 5 p.m., in accordance with the City Attorney's opinion of April 5, 1994, and directs the City Attorney to prepare an ordinance implementing such text amendment for introduction and first reading at Council's June 18th public hearing. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

24. THEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-1, City Council adopted a resolution, as amended, as suggested by Deputy City Manager Steele in the seventh whereas clause changing "$80,000" to "$50,000" and adding the following phrase after the word "funds" ", combined with $30,000 in the FY 95 budget for police presence in Old Town," pertaining to this issue. The voting was as follows:

Donley "aye" Cleveland "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "no"
Rich "aye"


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The resolution, as amended, reads as follows:
RESOLUTION NO. 1688

WHEREAS, the Alexandria City Council recognizes the burdens placed upon residents in the Old Town area due to demands for on-street parking spaces in a mixed-use district; and

WHEREAS, the City Council has enacted two-hour parking restrictions in residential zones in Old Town, together with increased fines for parking violations; and

WHEREAS, the City Council has authorized the hiring of seven additional Parking Enforcement Officers to aid enforcement efforts; and

WHEREAS, the City Council has opened the Courthouse garage to encourage off-street employee parking at reduced rates; and

WHEREAS, the City Council has encouraged additional police enforcement in Old Town to curb the effects of disruptive and disorderly conduct; and

WHEREAS, the City Council has set aside $150,000 in contingent reserves for FY 1995 to be used specifically for additional police presence in Old Town and other areas of the City; and

WHEREAS, the City Council has today authorized the expenditure of $50,000 of these funds, combined with $30,000 in the FY '95 budget for police presence in Old Town, for additional foot patrols, bike patrols, and sobriety checkpoints in Old Town; and

WHEREAS, the City Council has today authorized the expenditure of $198,387 for the purchase of automated technology to assist in the enforcement of parking regulations throughout the City; and

WHEREAS, the City administration has expended thousands of person hours in studying issues relating to Old Town parking at the expense of other important issues facing the City; and

WHEREAS, the City Council recognizes that changes in parking regulations and enforcement affect human behavior, and therefore, that the effects of such changes require time to be assessed;

NOW, THEREFORE, BE IT RESOLVED, that the Alexandria City Council does hereby instruct the City Manager to allow at least twelve months to elapse before any further studies, reports or recommendations pertaining to Old Town parking are brought to the Council for consideration. This period will allow sufficient time to transpire so the full effects of previous Council actions can be adequately measured; and

BE IT FURTHER RESOLVED, that the Alexandria City Council urges civic groups and business organizations to work cooperatively over the next twelve months to ensure the success of city initiatives pertaining to Old Town parking, as well as other such programs designed to relieve on-street parking demands in Old Town; and

BE IT FINALLY RESOLVED, that the Alexandria City Council does hereby request the City Manager to dissolve the Old Town Parking Committee, and express its sincere gratitude to the members for their service.





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Thereupon, at 2:50 p.m., City Council reconvened the meeting and the following transpired:

WITHOUT OBJECTION, City Council took Docket Item No. 44 at this time.

OTHER

44. Consideration of a Recommendation Regarding the Establishment of the Alexandria Juvenile and Domestic Relations District Court Citizens Advisory Council.

(A copy of the City Manager's memorandum dated May 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 5/14/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council supports the establishment of a Juvenile Court Citizens Advisory Council by the Chief Judge of the Alexandria Juvenile and Domestic Relations District Court. The voting was as follows:

Jackson "aye" Donley "aye"
Cleveland "aye" Pepper out of room
Ticer "aye" Rich "aye"
Speck "aye"

At this point, City Council returned to Docket Item No. 26.
ORDINANCES AND RESOLUTIONS
26. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to revise the city's noise ordinance (i) to establish noise regulations applicable to the public performance of music, song, dance and theater on public and quasi-public areas within the central business district, (2) to designate appropriate officers to enforce these regulations, and (3) to make the violation of these regulations, and other provisions of the city's noise ordinance, subject to civil, rather than criminal, penalties. (#20 5/10/94) (ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated May 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 5/14/94, and is incorporated herewith as part of this record by reference.)




18


NOTE: This item was read. A brief discussion was held with respect to holding the public hearing and deferring Second Reading and Final Passage to a subsequent meeting. Since the registered speaker had not returned from lunch, City Council held this item in abeyance until the speaker arrived. [Please see page 23 of these proceedings for the action taken.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
(continued)

Planning Commission (continued)
29. MPA #94-003 - Public Hearing and Consideration of a request for an amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the property known as Braddock Center (located in the block south of First Street, east of North Fayette Street, and north of Braddock Place) from Commercial Residential Mixed Use--High to Office Commercial High. Applicant: Potomac Club Residences Phase II, L.P., by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 5/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the master plan amendment. The voting was as follows:

Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"

30. REZONING #94-003 - Public Hearing and Consideration of a request for rezoning of the site known as Braddock Center from CRMU-H to OCH, with a proffer limiting development on the vacant portion of the lot to a plan for a 16-story, 296-unit high-rise residential building with a convenience delicatessen located in the block south of First Street, east of North Fayette Street, and north of Braddock Place. The site contains approximately 1.6 acres. Applicant: Potomac Residences Phase II, L.P., by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 5/14/94, and is incorporated herewith as part of this record by reference.)





19


WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the zoning amendment. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

31. SUP #2795 - Public Hearing and Consideration of a request for approval of an amendment to the special use permit, with site plan, for Braddock Center to permit construction of a 16-story, 296-unit high-rise residential building with a convenience delicatessen for the Braddock Center/Potomac Club Residences Phase II located in the block south of First Street, east of North Fayette Street, and north of Braddock Place. The applicant is seeking a special use permit for an increase in density, an increase in height, and a parking reduction. A modification to the required setback from the street is requested. The 1.6-acre site is zoned CRMU-H, with a proposed rezoning to OCH with proffers. Applicant: Potomac Club Residences Phase II, L.P., by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 5/14/94, 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 recommendation of the Planning Commission and approved the special use permit, subject to all applicable codes and ordinances and the staff conditions, with changes to R-6 and R-20, and R-10 deleted. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

32. SUP #2109-A - Public Hearing and Consideration of a request to amend the transportation management plan special use permit for the Braddock Center/Potomac Club Residences Phase I and II located the block south of First Street, east of North Fayette Street, and north of Braddock Place. Applicant: Potomac Club Residences Phase II, L.P., by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1994, together with the revised Transportation Management Plan and Traffic Impact Study, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 32; 5/14/94, and is incorporated herewith as part of this record by reference.

A copy of the revised conditions #6 and #7 are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 5/14/94, and is incorporated herewith as part of this record by reference.)




20


WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the amendment to the special use permit, subject to all applicable codes and ordinances and the staff recommendations, and two additional conditions requiring a TMP account for the residential units (Conditions #7 and #8); with the changes in the conditions [#6 and #7] as noted in the handout which is part of the record. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"

33. MPA #94-004 - Consideration of a request for an amendment to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the properties at 5350 Dawes Avenue and 5319-5333 Fillmore Avenue from RL/residential Low to RM/Residential Medium. Applicant: Fillmore-Dawes Partnership, by William C. Thomas, Jr., attorney.

34. REZONING #94-004 - Public Hearing and Consideration of a request for rezoning of 1.041 acres from R-20/Residential Single-Family to RB/Townhouse, with a proffer limiting development to no more than nine single-family units and one duplex located at 5350 Dawes Avenue and 5319-5333 Fillmore Avenue. Applicant: Fillmore-Dawes Partnership, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Denial 6-0.

(A copy of a letter of withdrawal dated May 5, 1994, from Mr. Thomas, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 33 and 34; 5/14/94, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 34; 5/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried unanimously, City Council noted the withdrawal. The voting was as follows:

Rich "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"

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35. SUP #2325-B -- SUP #2334-B -- SUP #2347-B -- Public Hearing and Consideration of a request for a one-year extension to Special Use Permits #2325-A (Transition Special Use Permit), #2334-A (Hotel Use) and #2347-A (Increase in Sign Area) for the King Street Metroplace office and hotel development located at 1721-1827 King Street. A transportation management plan (SUP #2324-B) has also been approved for this site and will be extended automatically if the Transition Special Use Permit (SUP #2325-B) is extended. Applicant: King Street Metro, L.P., c/o H/P Companies, L.C., by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 5/14/94, 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. 35; 5/14/94, and is incorporated herewith as part of this record by reference.)







22


ORDINANCES AND RESOLUTIONS (continued)

26. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to revise the city's noise ordinance (i) to establish noise regulations applicable to the public performance of music, song, dance and theater on public and quasi-public areas within the central business district, (2) to designate appropriate officers to enforce these regulations, and (3) to make the violation of these regulations, and other provisions of the city's noise ordinance, subject to civil, rather than criminal, penalties. (#20 5/10/94) (ROLL-CALL VOTE)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council closed the public hearing and deferred action on this matter until the First Legislative Meeting in June. [June 14, 1994] The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
WITHOUT OBJECTION, City Council considered Docket Item No. 37 at this time.

37. SUP #2799 - Public Hearing and Consideration of a request for a special use permit to operate a health and fitness club located at 111 North Columbus Street; zoned CD/Commercial Downtown. Applicant: Stephanie R. Dimond.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 5/14/94, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Blair dated May 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 37; 5/14/94, and is incorporated herewith as part of this record by reference.)







23


WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council deferred this item to the Public Hearing to be held on June 18, 1994. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

ORDINANCES AND RESOLUTIONS (continued)

38. Public Hearing. Second Reading and Final Passage of an ORDINANCE to classify the failure to obtain and display a city decal as a traffic infraction and to allow such failure to be enforced through the issuance of a parking citation. (#17 5/10/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 5/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, 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. The voting was as follows:

Jackson "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room

The ordinance finally passed reads as follows:
ORDINANCE NO. 3721

AN ORDINANCE to amend and reordain Section 3-2-336 (OFFENSES RELATING TO CITY LICENSE PLATE, WINDSHIELD TAG AND DECAL) of Article R (LICENSE TAX ON MOTOR VEHICLES, TRAILERS AND SEMITRAILERS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT), and to amend and reordain Section 10-4-37 (FAILURE TO PROCURE AND DISPLAY CITY LICENSE PLATE, WINDSHIELD TAG OR DECAL), of Chapter 4 (STOPPING, STANDING AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-336 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:




24


Sec. 3-2-336 Offenses relating to city license plate, windshield tag and decal.

(1) operate or permit a motor vehicle, trailer or semitrailer, controlled by him and subject to this article, to be operated or parked at any location in the city without first procuring and displaying the required city license plate, license windshield tag or decal;

(2) display, cause or permit to be displayed, or have in his possession, any license receipt or city license plate, license windshield tag or decal, knowing the same to be fictitious or to have been altered;

(3) lend or knowingly permit the use, by one not entitled thereto, of any city license plate, license windshield tag or decal;

(4) use a false or fictitious name or address on any application for a city license plate, license windshield tag or decal, or knowingly make a false statement of a material fact, conceal a material fact or otherwise commit a fraud in any such application;

(5) use any city license plate, license windshield tag or decal issued under this article on any vehicle other than the vehicle for which such license plate, license windshield tag or decal was issued or to which such license plate, license windshield tag or decal was transferred by the director of finance;

(6) fail to carry the license receipt for the vehicle which he operates; or

(7) display any city license plate, license windshield tag or decal after the expiration date of such license plate, license windshield tag or decal.

(b) Upon conviction of a violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) or (a)(7) of this section, a person shall be punished by a fine not exceeding $35; provided, that a violation of subsection (a)(1), (a)(2), (a)(5) or (a)(7), or of section 10-4-37 of this code, shall not be discharged unless payment of the requisite fine is accompanied by satisfactory evidence that the required city license plate, windshield tag or decal has been obtained. Upon conviction of a violation of subsection (a)(6), a person shall be punished by a fine of not less than $1 and not more than $10; provided, that if a person charged with such a violation presents to the department of finance or to the court to which the person has been summoned a proper license receipt, the person shall be deemed to have complied with subsection (a)(6).

(c) Subsection (a) of this section may be enforced through the issuance of citations, summonses, parking tickets or uniform traffic summonses.

Section 2. That Section 10-4-37 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:







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Sec. 10-4-37 Failure to procure and display city license plate, windshield tag or
decal.

It shall be unlawful for any person required to procure and display a city license plate, windshield tag or decal upon a motor vehicle, trailer or semitrailer, as specified in article R, chapter 2, title 3 of this code, to operate or park said vehicle, trailer or semitrailer, or to permit or cause said vehicle, trailer or semitrailer to be operated or parked, at any location in the city, without having procured and displayed the required plate, tag or decal upon the vehicle, trailer or semitrailer. This section may be enforced through the issuance of citations, summonses, parking tickets or uniform traffic summonses. A violation of this section shall not be discharged unless payment of the requisite fine is accompanied by satisfactory evidence that the required license place, windshield tag or decal has been obtained.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 5/10/94
First Reading: 5/10/94
Publication: 5/11/94; 5/12/94
Public Hearing: 5/14/94
Second Reading: 5/14/94
Final Passage: 5/14/94

39. Public Hearing. Second Reading and Final Passage of an ORDINANCE to authorize a chimney, located at 102 South Patrick Street, to encroach into the public right-of-way at that location. (#18 5/10/94) (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 by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room

The ordinance finally passed reads as follows:
ORDINANCE NO. 3722

AN ORDINANCE authorizing Michael Elmendorf, the operator of Kofi Hous, to establish and maintain an encroachment into the public parking lot behind the building at 102 South Patrick Street, in the City of Alexandria, Virginia, for the purpose of constructing and maintaining an exposed metal chimney stack.

WHEREAS, Michael Elmendorf is the operator of Kofi Hous, the current occupant of the property located at 102 South Patrick Street, in the City of Alexandria, Virginia; and



26


WHEREAS, Mr. Elmendorf desires to construct and maintain a metal chimney stack, 17 feet 6 inches in height, which will encroach approximately two feet into the right-of-way of a public parking lot located immediately to the east of the building at 102 South Patrick Street; and

WHEREAS, the public parking lot at that point behind the building at 102 South Patrick 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 Michael Elmendorf (hereafter the "Applicant") be, and the same hereby is, authorized to establish and maintain a metal chimney stack encroachment into the right-of-way of the public parking lot located immediately to the east of the property at 102 South Patrick Street in the City of Alexandria, said chimney stack measuring approximately two feet in diameter and 17 feet 6 inches in height, 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 Applicant, or Kofi House, 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, if requested by the City of Alexandria after six months following the enactment of this ordinance, Applicant shall paint the chimney or take any other steps identified by the city to alter the visual appearance of the chimney.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon the Applicant, or Kofi Hous, 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 as a named insured and shall provide for the indemnification of the City of Alexandria 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



27


the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Applicant 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 Applicant or Kofi Hous. Nothing in this section shall relieve Applicant or Kofi Hous of his or 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, Applicant and Kofi Hous 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 Applicant and Kofi Hous 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 Applicant or Kofi Hous 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, 1981, as amended.

Section 8. 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 Applicant the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Applicant without cost to the city. If Applicant 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 Applicant, and shall not be liable to Applicant 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: 5/10/94
First Reading: 5/10/94
Publication: 5/11/94; 5/12/94
Public Hearing: 5/14/94
Second Reading: 5/14/94
Final Passage: 5/14/94







28


40. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rescind the portion of the current cable television ordinance dealing with the regulation of rates charged for cable service and cable equipment, and to enact new provisions authorizing the city to regulate such rates which are designed to bring the city code into compliance with recently adopted regulations of Federal Communications Commission that regulate basic cable television service and equipment rates. (#19 5/10/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 5/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by 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:

Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3723

AN ORDINANCE to repeal Article J (ECONOMIC REGULATIONS) of, and to add a new Article J (RATE REGULATION) to, Chapter 3 (CABLE TELEVISION REGULATION), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article J of Chapter 3, Title 9 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed.

Section 2. That Chapter 3, Title 9 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Article J to read as follows:
ARTICLE J
Rate Regulation
Sec. 9-3-21 Scope and applicability.
(a) This article governs the regulation of rates and charges for basic cable service and equipment within the city for any franchisee which has been notified that (a) the city has been certified by the FCC to regulate its basic cable service and equipment rates and charges, and (b) the city has adopted regulations governing the regulation of basic cable service and equipment rates and charges. The provisions set forth in this article are intended to be consistent with all regulations of the FCC governing the regulation of basic cable service rates and equipment charges, and the city will regulate and interpret the provisions of this article so that they are consistent with such regulations, as if the regulations were set forth herein. A franchisee is prohibited from engaging in any activity which it is prohibited from engaging in under the regulations of the FCC.


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(b) For purposes of this article, the following terms shall have the meanings given below:

(1) the term "Administrator" means the cable television administrator of the City of Alexandria; and

(2) the terms "basic service" and "basic cable service" have the same meaning as the term "basic service" in 47 C.F.R. § 76.901;

(3) the term "cable service" shall mean (i) the one-way transmission to subscribers of video programming or other programming services, and (ii) subscriber interaction, if any, which is required for the selection of such video programming or other programming service;

(4) the term "equipment" means all equipment and services subject to regulation under 47 C.F.R. § 76.923; and

(5) the term "Person" shall mean a natural person, partnership, association, joint stock company, organization, corporation, limited liability corporation or any other legal entity, and any lawful successor thereto or transferee thereof, but such term does not include the city.

Sec. 9-3-122 Local regulatory framework.

(a) The city shall regulate all rates and charges for cable service imposed on subscribers by a franchisee, except to the extent the city is prohibited from doing so by law, and no such rate or charge may be imposed or increased without the prior approval of the city except such rates and charges that the city is prohibited from regulating. Subject to the foregoing, the imposition of any rate or charge for cable service, or the increase in any such rate or charge, without the prior approval of the city shall be illegal. A franchisee is prohibited from requesting or requiring a subscriber to pay an illegal rate or charge as a condition of providing cable service.

(b) All rates and charges that are subject to regulation by the city must be reasonable. The city may, by ordinance or by regulation proposed by the city manager and approved by council, adopt such rules, procedures and standards as it deems necessary to implement rate regulation.

(c) A franchisee shall pay the reasonable costs incurred by the city in conducting rate regulation for that franchisee, including but not limited to consultant fees and costs. By its acceptance of a franchise under this chapter, a franchisee agrees that such fees and costs are not franchise fees, but fall within one of the exceptions in 47 U.S.C. § 542(g)(2).

Sec. 9-3-123 Schedule of rates, rules and regulations.

A franchisee shall prepare and file with the Administrator a schedule of rates and charges for all services offered to the subscribing public under its franchise. The schedule shall state the cost of each offered service or combination of offered services, together with all rules and requirements affecting the installation, maintenance and provision of service or which otherwise affect the quality or cost of service to a subscriber. The schedule shall be printed and filed in the form and manner specified by the Administrator and within the time periods set out in section 9-3-127. The schedule shall be made available for public inspection during normal business hours, in an accessible and convenient place in the offices of the franchisee. Copies of the schedule shall be provided to subscribers in accordance with section 9-3-124.


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Sec. 9-3-124 Notice to subscribers.

(a) A franchisee shall provide each subscriber, at the time cable service is installed and at least once a year thereafter, written instructions for placing a service call, filing a complaint or requesting a billing adjustment. As part of the notice provided at installation, a franchisee shall provide the telephone number of the city officer responsible for receiving customer complaints, a schedule of rates and charges for cable service and equipment, a statement of channel positions, a description of programming services, a copy of the service contract between franchisee and the subscriber, a description of delinquent subscriber disconnect and reconnect procedures, and a description of other franchisee policies and procedures that may affect its subscribers. Copies of the installation and the annual notices shall be provided to the Administrator.

(b) A franchisee shall maintain a file containing a copy of each notice provided to subscribers under this section. This file shall be available for inspection upon the request of the Administrator.

Sec. 9-3-125 Departure from schedules prohibited.

No rate or charge shall be made or billed to a subscriber, nor shall any service be provided, by or on behalf of a franchisee unless the franchisee has prepared and filed the schedule as required by section 9-3-123. Except under circumstances as may be specified in its schedule, a franchisee shall not impose, collect or receive any rates or charges other than those specified in its schedule. Nor shall a franchisee refund or remit, in any manner or by any device, any portion of compensation received from a subscriber or confer any special privilege or concession upon a subscriber, except as may be specified in its schedule.

Sec. 9-3-126 Discrimination and preferences prohibited.

A franchisee shall not, by a special rate schedule, rebate, concession or any other device or practice, impose upon or collect from any subscriber, directly or indirectly, rates or charges that differ from the rates and charges that the franchisee imposes upon and collects from other subscribers for a like and contemporaneous service under substantially similar circumstances or conditions; provided, that this section shall not be construed to prohibit the establishment of special rates or charges for subscribers who are 65 years of age or older or are handicapped persons, or the establishment of other special rates or charges that are permitted by law.

Sec. 9-3-127 Establishment of rates, charges and rules.

(a) A franchisee's initial schedule of rates, charges and other matters, required by section 9-3-123, shall be filed with the Administrator within 60 days of the commencement of service by the franchisee. If a franchisee is providing services on the effective date of this section, it shall file the required schedule with the Administrator within 30 days after the effective date of this section.







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(b) No change shall be made in the rates, charges and other matters set out in a schedule required by section 9-3-123 and filed with the Administrator, except upon not less than 60 days notice to the Administrator and each subscriber; provided, that the Administrator may, by general regulation or in particular instances, permit changes to be made on lesser notice to correct errors, to provide special or new service, or to address special emergency conditions. Notice of a proposed change in the rates, charges or other matters set out in a schedule shall consist of a statement which shall describes each matter as to which a change is proposed, the manner in which the current schedule treats the matter, the change that is proposed and the reason for the proposed change.

(c) Any proposed change in a schedule of rates, charges and other matters filed with the Administrator shall be examined by the Administrator for compliance with the requirements of the franchise, this chapter, applicable federal law and FCC regulations, and any specifications established by the Administrator governing form. The Administrator shall inform the franchisee filing the proposed change, no later than 20 days prior to the effective date of the proposed change, that it is or is not in compliance with such requirements. If found to be not in compliance, the proposed change in the schedule of rates, charges and other matters shall be rejected and returned to the franchisee with a statement of the reasons for the rejection, and thereafter any action implementing the proposed change shall be unlawful, null and void. Any such rejection may be appealed to city council pursuant to section 9-3-136.

Sec. 9-3-128 Filing and review of rates and charges.

(1) If a franchisee is notified by the city that its basic service and equipment rates and charges are subject to regulation, it shall file a submission ("rate filing") within 30 days of the notification, justifying its then-existing basic service and equipment rates and charges. All such rates and charges, for all customer classifications, shall be justified. Once a franchisee has been notified by the city that its basic service and equipment rates and charges are subject to regulation, it may not thereafter increase any such rates or charges without the prior approval of the city. This prohibition applies in all cases, including rate and charge increases announced but not implemented prior to the date of the city notice informing the franchisee that its rates and charges are subject to regulation. In addition to its initial rate filing, franchisee shall file a rate filing for any increase in basic service or equipment rates and charges, and for any new basic service or equipment rate or charge (collectively, a "rate increase"). An "increase" occurs when there is an increase in rates or charges without a corresponding increase in program or customer services, or a decrease in program or customer services without a corresponding decrease in rates or charges. Rate filings proposing a rate or charge increase shall be filed at least 30 days in advance of the proposed effective date of the increase. This requirement does not alter or eliminate any other notice requirement.

(2) Every rate filing shall be filed with the city's office of citizen assistance, and shall be considered filed on the date that the original and three copies of the filing (including all supporting materials) are received by that office. Information that the franchisee claims is proprietary under section 9-3-133 must be clearly identified and segregated from the remainder of the filing so that the city may determine the manner in which it was used by the franchisee in setting rates.


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(3) Subject to any FCC rules governing the burden of proof, a rate filing submitted by a franchisee shall demonstrate that the rates and charges being proposed for basic service and equipment are reasonable. Except as inconsistent with FCC rules:

(i) The rate filing shall state in a cover letter whether it addresses the existing rates and charges of the franchisee or a proposed increase in the franchisee's rates and charges, and shall contain a brief, narrative description of the existing or the proposed increase in rates and charges. The letter shall also identify any rate that is based, in whole or in part, upon cost of service, and identify any pages of the rate filing that contain information that the franchisee claims is proprietary. If the filing proposes an increase in rates or charges, the cover letter shall also state whether any part of the proposed increase is based on an inflation adjustment or an increase in external costs.

(ii) The pages of the rate filing shall be numbered sequentially.

(iii) The rate filing shall contain all applicable FCC forms which shall be correctly completed.

(iv) If the rate filing proposes, for different classes of customers, different rates or charges for basic service, it shall demonstrate that the classifications of customers and the differences in rates or charges are reasonable and consistent with federal law.

(i) If a franchisee seeks to support a rate or charge based upon the cost of providing cable service, the city will establish a rate of return that provides the franchisee an opportunity to recover the reasonable costs associated with providing basic cable service, including a reasonable profit. An expense or investment shall not be presumed to be reasonable merely because the franchisee has incurred or made it.

(ii) If a franchisee seeks to justify all or any part of its rates or charges based upon the cost of providing cable service, then, in addition to information the city requires the franchisee to provide, and unless the city grants a waiver of this provision, the franchisee shall also submit a complete cost of service analysis that shows all expenses it incurs and all revenues derived from its cable system, directly or indirectly, by the franchisee or any Person that constitutes a cable operator of the system within the meaning of 47 U.S.C. § 522(5). This cost of service analysis shall identify the accounting level (as that term is used in the FCC regulations) at which each expense or revenue identified was aggregated, and shall show how the expense or revenue was allocated. The franchisee may not include costs at an accounting level unless it also includes the revenues from that same level that are attributable to the system or to a group of systems of which the system serving the city is a part. The cost of service analysis shall also identify the replacement cost of a comparable cable system and contain a justification for the identified figure. Further, the analysis shall identify the name and address of any Person with which the franchisee has a contract, other than a programmer, and which derives revenues from the system, and shall state whether and how the revenues and costs of that Person are included in the analysis. In addition, the analysis shall show the rate that is being proposed by the franchisee for each channel on the system and, for each such rate, the derivation of the rate and the application of the rate to yield a basic service rate. The analysis shall also show, for each of the items listed below, the manner in which the item was used in the derivation of the basic service rate:

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(C) programming expenses (identifying retransmission consent costs and copyright fees separately);

(D) costs for public, educational and governmental access channel programming;

(F) investment in the system and associateddepreciation;

(G) other expenses, including federal, state and local taxes, itemized; and

(H) the proposed return on equity and the actual interest expense paid by the franchisee.

(iii) Notwithstanding the foregoing, a franchisee seeking to base its rates and charges upon the cost of providing cable service is not required to submit the cost of service analysis described in subsubsubsection (ii) of this section for equipment rates, and instead may complete, submit and support the costs of equipment using applicable FCC forms and presenting any other information the city deems necessary or appropriate, consistent with FCC regulations. The cost of service analysis submitted to justify basic service rates must show that it does not include equipment costs.

(1) After receiving a rate filing, the office of citizen assistance shall publish a notice in a newspaper having general circulation in the city that the filing has been received and that, except for those parts which may be withheld as proprietary, it is available for public review. The notice shall state that interested parties may comment on the filing, and shall provide such parties at least ten calendar days from the date of the notice to submit written comments on the filing to the office. The office shall submit any comments it has received, along with its recommendations on the filing to the city council, and shall provide a copy of those comments and recommendations to the franchisee at least ten calendar days before the consideration of the filing by council. The franchisee may submit a response to the comments and recommendations no later than four calendar days before the date scheduled for consideration of the filing by council. The response shall be filed with the office of citizen assistance and, if submitted in a timely fashion, shall be forwarded to the council.

(2) After conducting a public hearing on the filing and within 30 days of the date of the rate filing, the city council shall issue a written order, which may be in any lawful form, approving the rates and charges proposed in the filing in whole or in part, denying the rates and charges in whole or in part, or tolling the rates and charges in whole or part. If the council takes the latter action, its order shall explain that it requires additional time to review the rate filing, shall identify the deficiencies in the franchisee's filing and shall state that the franchisee may cure the deficiencies by submitting a supplemental filing as provided in subsection (c) of this section. With respect to a filing that addresses franchisee's existing rates




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and charges, tolling means that the rates and charges may remain in effect, subject to refund. With respect to a filing that proposes an increase in rates and charges, tolling means that the increase, or the portion thereof, that is tolled may not go into effect. If the council issues an order allowing the rates to go into effect subject to refund, the franchisee shall thereafter maintain an accounting in accordance with 47 C.F.R. § 76.933.

(1) If the city council tolls a rate filing in whole or in part, the franchisee shall file a supplemental filing within 20 days from the date the tolling order issues, containing corrections, if any, to its filing (including any required supplement to its cost of service analysis) and containing, at the option of the franchisee, a response to information and comments presented by interested parties or to the recommendations of the office of citizen assistance, or any additional information necessary to support the filing. A supplemental filing shall be filed in accordance with section 9-3-128 (a) (2).

(2) A supplemental filing shall also contain such information, reasonably related to the issues addressed by the filing, as the city directs the franchisee to provide.

(3) In addition to information the city requires the franchisee to provide, unless the city grants a waiver of this provision, and except to the extent inconsistent with FCC rules, a franchisee seeking approval of a rate based, in whole or in part, upon the adjustments for inflation and external costs contemplated by 47 C.F.R. § 76.922(d)(1)-(2) shall submit, as part of its supplemental filing, the following:

(i) as to the adjustment for inflation, a statement relating it to the rates and charges for which the franchisee is seeking approval, and a calculation showing how the adjustment was made;

(ii) as to the adjustment for external costs, a statement relating it to the rates and charges for which the franchisee is seeking approval, and a calculation showing how the adjustment was made;

(iii) as to each external cost (as defined by FCC rules) for which the franchisee seeks an adjustment, a statement describing the make-up of the cost, and the amount of the cost for the two calendar years prior to the year in which the supplemental filing is made and for the portion of such year prior to the date of the filing, and the projected amount of the cost for the remainder of such year and for the following calendar year;

(iv) if the filing seeks approval of rates and charges based, at least in part, upon one or more increases in programming service costs, the contract for each programming service whose cost has increased, a sworn statement identifying each programming service whose costs increased where the programmer is an affiliate of the franchisee (as defined by FCC regulations), the contract for each programming service whose cost has decreased over the two calendar years prior to the year in which the supplemental filing is made, and, for any contract for programming services that has been in effect less than 12 months, the prior contract for the services; and






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(v) a sworn statement by the franchisee's chief financial officer or an independent, certified accountant that:

(A) states that the individual has examined all of the franchisee's external costs (including all programming costs) for the two years immediately prior to the supplemental filing and has offset against the claimed increase in those costs both the amount of any decreases in external costs incurred during such period and the amount by which the increase in external costs (net of such decreases) was below the Gross National Produce Fixed Weight Price Index (GNP-PI), as required by 47 C. F.R. § 76.922 (d) (2);

(B) affirms that the franchisee is only seeking to recover external costs to the extent that such costs exceed the GNP-PI; and

(C) affirms that the franchisee has not attempted to recover any increase in the cost of programming purchased by an affiliate, except as authorized in 47 C.F.R. § 76.922 (d) (2) (vi) .

(4) Upon receipt of a supplemental filing, the office of citizen assistance shall promptly publish a notice in a newspaper with general circulation in the city that the filing has been received and that it is available for public review, except those parts which may be withheld as proprietary. The notice shall state that interested parties may comment on the filing, and shall provide interested parties twenty days to submit written comments on the filing to the office. The office shall submit the comments it receives, along with its recommendations on the filing to the city council, and shall provide a copy of those comments and recommendations to the franchisee at least twenty business days before the consideration of the filing by council. The franchisee may submit a response to the comments and recommendations no later than ten business days before the date scheduled for the council consideration of the filing. The response shall be filed with the office of citizen assistance and, if timely, shall be forwarded to the council.

(5) After conducting a public hearing on the supplemental filing, the city council shall, within the periods identified in subsubsection (6), issue a written order, which may be in any lawful form, approving the proposed rate in whole or in part, or denying the proposed rate in whole or in part.

(6) The order specified in subsubsection (5) shall be issued within 90 days after the tolling order for any rate the franchisee justifies based on the benchmark rates set out in the FCC regulations. The order shall be issued within 150 days of the tolling order for any rate the franchisee justifies on the basis of a cost of service analysis.

Sec. 9-3-129 Provisions generally applicable to rate orders.

(a) Any rate order of the city council shall be effective upon the date and upon such terms and conditions as specified by the council. A rate order shall be released to the public and the franchisee. In any case where the council approves, denies or tolls a rate or charge, orders that a rate or charge may go into effect subject to refund, orders refunds or establishes a rate or charge, a public notice shall be published in a newspaper with general circulation in the city stating that the order has been issued and is available for review in the office of citizen assistance. Any such order shall be in writing, and explain the basis for the city's decision.




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(b) Except as prohibited by federal law, the city council may, as part of a rate order, impose terms and conditions on a franchisee that, it concludes, reasonably advance the public interest. Any order establishing rates or charges other than those proposed by the franchisee shall explain why the franchisee's proposed rates or charges were unreasonable and why the rates and charges established by the order are reasonable. In no event may an order establishing rates or charges other than those proposed by the franchisee or requiring a franchisee to make refunds to subscribers be issued by the city council unless and until the franchisee has been given notice of, and an opportunity to comment upon, the order.

Sec. 9-3-130 Obligations of franchisee.

(a) A franchisee shall implement remedial requirements, including refunds and prospective rate reductions, within 60 days of the date on which the city council issues the order imposing the requirements.

(b) Within 90 days of the date on which an order mandating a remedy is issued, a franchisee must file a certification, signed by an authorized representative, stating:

(1) whether the franchisee has complied with all provisions of the council order;

(2) describing the measures taken to implement the council order; and

(3) showing how any refunds (including interest thereon) were calculated and distributed.

(c) It is the franchisee's obligation to maintain books and records of account so that it can make proper refunds.

(d) It is the franchisee's obligation to submit as complete a rate filing as possible.

(1) A franchisee and any other Person having records showing revenues or expenses that are allocated to the franchisee's cable system in the city shall respond to requests for information from the Administrator within reasonable deadlines established by the Administrator. A franchisee is responsible for ensuring that such other entity responds to the city's requests.

(2) Because federal law limits the time available to the city to provide an initial response to a rate filing, a franchisee shall be prepared to respond to a request for information from the Administrator, made prior to the issuance of an order under section 9-3-128(b), within five days of the date it receives the request; provided, that a franchisee may decline to respond to such a request if it consents to the issuance of a tolling order by the council, pursuant to section 9-3-128(b), and to providing the requested information as part of its supplemental filing pursuant to section 9-3-128(c). Information requests made under this section may include a request for information that the franchisee would be required to provide as part of a supplemental filing.







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Sec. 9-3-131 Duties of the office of citizen assistance and administrator.

(a) The office of citizen assistance and the Administrator shall be responsible for administering the provisions of this article, as provided below. Without limitation and by way of illustration, and except as inconsistent with FCC regulations:

(1) The office shall ensure that notices are given to the public and the franchisee as required by this article and by FCC regulations.
(2) The Administrator may submit requests for information to a franchisee and establish deadlines for the franchisee's response to them.
(3) For good cause, the Administrator may extend any filing or response deadline except as to matters that are mandatory under FCC regulations.

(4) The Administrator shall rule on any request for confidentiality.

(5) The office shall prepare the recommendations to the city council under section 9-3-128. If the office recommends that a proposed increase in rates and charges be denied in whole or in part, it shall:

(i) recommend other rates and charges, which may be the franchisee's existing rates and charges, and explain the basis for its recommendation;

(ii) determine whether the franchisee shall make refunds and, if so, recommend an amount of refunds and explain the basis for its determination and recommendation; and

(iii) notify the franchisee of its recommendations and determinations at the time they are submitted to the council.

Sec. 9-3-132 Penalties and forfeitures.

Except as prohibited by federal law, a request by a franchisee for approval of rates and charges may be denied, if the franchisee:

(a) knowingly submits false or fraudulent information to the city in connection with any request; or

(b) fails to comply with any lawful order or request of the city, including, but not limited to a request for information and an order setting rates.

Sec. 9-3-133 Proprietary information.

(a) If any provision of this article, or if any request for information properly made pursuant to this article, requires a franchisee to produce for the city what the franchisee considers to be proprietary information, the franchisee shall produce the information. However, at the time such information is produced, the franchisee may request that all or specific, identified portions of the information be treated as confidential and withheld from public disclosure. Such a request shall state the reasons why the identified information should be treated as proprietary and the facts that support those reasons. Requests for the confidential treatment of proprietary information will be reviewed by the Administrator based upon FCC regulations and state and local law, as applicable. Any determination by the



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Administrator that information is proprietary and is to be withheld from public disclosure shall be made in writing, and such information shall be placed in a file for inspection by the public when permitted by the Administrator in accordance with subsection (c). If a franchisee's request for the confidential treatment of proprietary information is denied, the franchisee may seek review of the denial by filing a request for review with the city attorney within five working days of the denial, in which case disclosure of the alleged proprietary material shall be stayed pending review. Notwithstanding any provision of this section to the contrary, where a franchisee which is proposing an increase in its rates or charges has submitted what it considers to be proprietary information and has requested the confidential treatment of that information, the city shall, upon the franchisee's withdrawal of its rate filing, immediately return the information.

(b) Information that a franchisee claims is proprietary must be clearly identified. If it is part of a larger submission, such as a rate filing, the proprietary information must be segregated from the remainder of the submission. It must also be clearly marked so that the city may determine where the proprietary information belongs within the submission and how it relates to the remainder of the submission.

(c) Any interested person may file with the Administrator a request to inspect material that is being withheld as proprietary. In determining such requests, the Administrator shall weigh the considerations favoring non-disclosure against the reasons given for permitting inspection in light of the facts of the particular case. The Administrator may grant, deny or conditionally grant a request. The Administrator shall promptly notify the requesting person and the franchisee as to the disposition of the request. The party aggrieved by such disposition may seek review of the disposition by filing a request for review with the city attorney. Disclosure will be stayed pending review. Notwithstanding any provision of this subsection to the contrary, the Administrator shall deny any request to inspect proprietary material whenever such inspection is prohibited by federal or state law.

Sec. 9-3-134 Petition for change in effective competition status.

A franchisee may petition for a change in effective competition status, and the city shall consider that petition, in accordance with 47 C.F.R. § 76.915. The petition and three copies shall be filed with the office of citizen assistance.

Sec. 9-3-135 Regulation of rates; complaints.

(a) Whenever, including following receipt of a complaint from any subscriber or other Person or receipt of an inquiry from the city council, the Administrator has reason to believe that any provision of this article or any term, condition or provision of a franchise or franchise agreement pertaining to rates and charges that are subject to this article, has been, is being or will be violated, the Administrator shall promptly undertake to investigate the matter. Notice of the investigation shall be given to the franchisee, and the Administrator shall undertake to mediate or otherwise adjust informally the matter raised in the complaint or inquiry. If the matter cannot be adjusted informally, the Administrator shall, upon notice to the franchisee and the complainant or the city council, as the case may be, set the matter for public hearing in accordance with the provisions of subsection (b).




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(b) In any public hearing under this section, the hearing officer shall be the Administrator, unless the council designates otherwise. The hearing officer shall provide the franchisee and the complaining party or city council, whichever is applicable with written notice of the date, time and place of the hearing by first-class mail at least 10 days in advance of the hearing. The hearing officer shall conduct the hearing in such a manner as will expeditiously and accurately ascertain the facts at issue. As far as reasonably possible, the hearing shall be informal and free from technical rules of evidence. The franchisee and complainant shall have the right to be represented by counsel at the hearing, to present evidence and testimony, and to cross-examine witnesses. The hearing officer shall receive and consider such evidence and testimony at the hearing as is deemed relevant. The franchisee shall furnish all books, papers or other records requested for review and consideration by the hearing officer, and shall make employees or agents available for testimony at the hearing. A taped or stenographic record of the proceeding shall be made.

(c) Not more than 60 days following the hearing, the hearing officer shall issue a written decision which shall be final and binding unless appealed. Within 20 days of the date that the written decision is issued, the franchisee, the complainant or any subscriber to the franchisee's system who is aggrieved by the decision may appeal it to the city council. The decision may be appealed by filing with the city clerk a petition which describes the hearing officer's decision, sets forth the reasons why the decision is erroneous, and requests the council to review the decision. If an appeal is taken, the decision of the hearing officer shall be stayed until the council issues a decision on the appeal.

(d) The Administrator shall give public notice of the hearing officer's written decision, and the text of the decision shall be made available to the public.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 5/10/94
First Reading: 5/10/94
Publication: 5/11/94; 5/12/94
Public Hearing: 5/14/94
Second Reading: 5/14/94
Final Passage: 5/14/94

41. 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 fiscal year 1994. (#21 5/10/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 5/14/94, 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.






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

Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3724

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 1994, which began on the first day of July 1993 and ends on the thirtieth day of June 1994.
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 amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amounts being the proceeds of issuing and refunding city bonds which were authorized but not appropriated by council, and further, that the council does hereby allot the amounts so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Other Financing Sources - Proceeds
of Refunding Bonds $10,775,893
Accrued Interest 21,457

Total Estimated Revenue $10,797,350

APPROPRIATION:

Other Financing Uses - Payment to
Refunded Bond Escrow Agent $10,677,344
Bond Issuance Costs 120,006

Total Appropriation $10,797,350


CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Other Financing Sources - Proceeds
of Issuing Bonds $11,889,409
Accrued Interest 24,218

Total Estimated Revenue $11,913,627

APPROPRIATION:

Capital Projects $11,779,909
Bond Issuance Costs 133,718

Total Appropriation $11,913,627

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The portion of the bond proceeds appropriated to the Capital Projects Fund is hereby specifically appropriated to and for the following capital projects which are included in the fiscal year 1994 capital improvement budget adopted by the city council on May 5, 1993: city project nos. 002-003, 002-004, 009-039, and 005-020, and the Alexandria City Public Schools' capital projects identified in the schools' capital budget approved by the school board on February 18, 1993.

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amounts being external grant awards for which revenues were authorized and adjusted after July 1, 1993, but not appropriated by council, and further, that the council does hereby allot the amounts so appropriated to the several city departments for fiscal year 1994, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Sheriff $ 136,700
Transportation and Environmental Services 136,108
Fire 14,312
Housing -204,458
Mental Health/Mental Retardation/
Substance Abuse -527,175
Human Services 1,338,413
Recreation 40,240

Total Estimated Revenue 934,140

APPROPRIATION:

Sheriff $ 136,700
Transportation and Environmental Services 136,108
Fire 14,312
Housing -204,458
Mental Health/Mental Retardation/
Substance Abuse -527,175
Human Services 1,338,413
Recreation 40,240

Total Appropriation $ 934,140

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amounts being donations to the city which have been accepted and adjusted but not appropriated for fiscal year 1994, and further, that the council does hereby allot the amounts so appropriated to the several city departments for fiscal year 1994, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Court Services $7,500
Health 10,250
Mental Health/Mental Retardation/
Substance Abuse 1,000
Human Services 6,450
Recreation 5,001

Total Estimated Revenue $ 30,201

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APPROPRIATION:

Court Services $7,500
Health 10,250
Mental Health/Mental Retardation/
Substance Abuse 1,000
Human services 6,450
Recreation 5,001

Total Appropriation $30,201

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amounts being equipment replacement retained earnings, and further, that the council does hereby allot the amounts so appropriated, as follows:

EOUIPMENT REPLACEMENT FUND:

APPROPRIATION:

Transportation and Environmental Services $20,000
Police 13,500

Total Appropriation 33,500

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 and liabilities of the city for fiscal year 1994, the source of such amount being capital projects contributions, and further, that the council does hereby allot the amount so appropriated, as follows:

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Capital Projects Contributions $433,511

Total Estimated Revenue $433,511

APPROPRIATION:

Capital Projects $433,511

Total Appropriation $433,511

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

Introduction: 5/10/94
First Reading: 5/10/94
Publication: 5/11/94; 5/12/94
Public Hearing: 5/14/94
Second Reading: 5/14/94
Final Passage: 5/14/94







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42. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the ordinance establishing and governing the activities of the Alexandria Early Childhood Development Commission. (#22 5/10/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 5/14/94, 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 on this item.

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

Donley "aye" Cleveland "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3725

AN ORDINANCE to amend and reordain Section 12-10-1 (CREATION OF COMMISSION) and Section 12-10-2 (COMPOSITION; APPOINTMENT; CHAIRPERSON AND VICE CHAIRPERSON), both of, and to amend and reordain the title of, CHAPTER 10 (COMMISSION FOR EARLY CHILDHOOD DEVELOPMENT), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the title of Chapter 10 of Title 12, and Section 12-10-1, of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are amended and reordained to read as follows:
Chapter 10
Alexandria Early Childhood Commission
Sec. 12-10-1 Creation of commission.
There is hereby established a commission to be known as the "Alexandria Early Childhood Commission," hereafter referred to in this chapter as the commission.

Section 2. That Section 12-10-2 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. 12-10-2 Composition; appointment; chairperson and vice chairperson.




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(a) The commission shall consist of 25 members, each of whom shall be a resident of the City of Alexandria. Of the 25 members, five shall serve ex officio, ten shall be appointed by the school board and ten shall be appointed by city council. The term of each member appointed by the board or council shall be three years. The terms of such appointed members shall be staggered so that, in every three-year period, the board and the council each appoints two members whose terms shall begin in the first year of the period, four members whose terms shall begin in the second year of the period, and four members whose terms shall begin in the third year of the period.

(1) Ex officio members. Ex officio members of the commission shall be the incumbent of the following positions, or the incumbent's representative: the city manager, the superintendent of schools, the director of human services, the director of the Alexandria health department, and the president of the Alexandria Chamber of Commerce.

(2) Members appointed by the school board. School board appointees shall be one school board member, one early childhood teacher working in an Alexandria preschool, one early childhood teacher working in an Alexandria day care center, one child psychologist, one representative of the Northern Virginia Association for the Education of Young Children, one representative of the Head Start program, three members at large and one parent of a pre-kindergarten through grade three child eligible for a free or a reduced price lunch.

(3) Members appointed by city council. City council appointees shall be one developmental pediatrician representing Alexandria Hospital, one member of the economic opportunities commission, one member of the social services advisory board, one representative of the Alexandria chapter of the Northern Virginia Family Day Care Association, one representative of the Alexandria Child Care Directors Association, one parent of a pre-kindergarten through grade three child eligible for a free or a reduced price lunch and four members at large.

(b) The commission shall elect from among the appointees of the school board and city council a chairperson, a vice-chairperson, who shall serve in the absence of the chairperson, and a secretary, who shall be responsible for the keeping of the minutes.

(c) The commission may establish such committees as it deems necessary to execute its duties and responsibilities.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 5/10/94
First Reading: 5/10/94
Publication: 5/11/94; 5/12/94
Public Hearing: 5/14/94
Second Reading: 5/14/94
Final Passage: 5/14/94







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43. Public Hearing on and Consideration of a Resolution Amending the City's Regulations Governing Swimming Pools, Spa Pools and Health Clubs. (#23 5/10/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 5/14/94, 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 unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:
RESOLUTION NO. 1689
WHEREAS, on March 20, 1993, city council enacted Ordinance No. 3619 (Alexandria City Code §11-11-1 et seq.), which authorized the Alexandria Health Department to adopt regulations governing swimming pools, spa pools and health clubs, as part of a joint effort among Northern Virginia jurisdictions to establish uniform regional standards for the construction, operation and maintenance of swimming pools, spa pools and health clubs; and

WHEREAS, pursuant to said ordinance, the Alexandria Health Department prepared and adopted Administrative Regulation 20-6 ("A.R. 20-6") entitled "Regulation of Swimming Pools, Spa Pools and Health Clubs"; and

WHEREAS, the Alexandria Health Department has determined that amendments and additions to A.R. 20-6 are necessary to bring the regulations into compliance with certain requirements of the BOCA Code, and with new regulations governing swimming pools and spa pools that the Virginia Department of Health has recently promulgated; and

WHEREAS, the amended A.R. 20-6 is attached hereto as Attachment 1; and

WHEREAS, Section 11-11-1 of the city code requires that city council approve all amendments to A.R. 20-6 prior to the changes becoming effective.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Alexandria, Virginia, that the council does hereby expressly approve the amendments to A.R. 20-6 which have been prepared by the Alexandria Health Department and which are shown on Attachment 1 by redlining and strikeouts, and further, expressly approves A.R. 20-6, as amended by said amendments.

BE IT FURTHER RESOLVED, that A.R. 20-6, as amended, shall become effective upon the date and at the time of the adoption of this resolution.


(Attachment 1 [A.R. 20-6] to Resolution No. 1689 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 43; 5/14/94, and is incorporated herewith as part of this record by reference.)



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35. SUP #2325-B -- SUP #2334-B -- SUP #2347-B -- Public Hearing and Consideration of a request for a one-year extension to Special Use Permits #2325-A (Transition Special Use Permit), #2334-A (Hotel Use) and #2347-A (Increase in Sign Area) for the King Street Metroplace office and hotel development located at 1721-1827 King Street. A transportation management plan (SUP #2324-B) has also been approved for this site and will be extended automatically if the Transition Special Use Permit (SUP #2325-B) is extended. Applicant: King Street Metro, L.P., c/o H/P Companies, L.C., by Harry P. Hart, attorney.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council deferred this until the next Legislative Meeting of May 24, 1994. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

36. SUP #2754 - Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage located at 1008-1010 Madison Street; zoned CSL/Commercial Service Low. Applicant: Reco Auto Repair, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Denial 3-3.

(A copy of the Planning Commission memorandum dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 5/14/94, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Schonberger dated May 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 36; 5/14/94, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried on a vote of 6-to-1, City Council approved the request [subject to compliance with all applicable codes, ordinances and staff recommendations], overturned the Planning Commission recommendation, with an added condition #14 to read: "14. That the applicant shall provide two off-street parking spaces."; and noted that this is a five-year interim use with a one-year review which the applicant assents to. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Pepper "aye"
Jackson "aye" Rich "aye"
Speck "no"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

45. MPA #94-002
Public Hearing and Consideration of a request for an amendment to the Strawberry Hill/Seminary Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the property located at 3750 Duke Street from RL/Residential Low to RM/Residential Medium. Applicant: Rosewood Development Company, by Harry P. Hart, attorney.

46. REZONING #94-002
Public Hearing and Consideration of a request for rezoning of a 1.13 acre site located at 3750 Duke Street from R-8/Residential to RB/Residential. Applicant: Rosewood Development Company, by Harry P. Hart, attorney.

47. SUP #2785
Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a 66-unit townhouse development. The applicant is seeking a special use permit for an increase in density, to allow private street frontage instead of public street frontage, and to allow compact spaces to meet the parking requirement for the property located at 205 North Breckenridge Place. A modification to reduce open space is requested. The site contains 3.1363 acres of land zoned CRMU-M. Applicant: Wanagan O. Hairabedian, by Mark H. Fields, agent.

48. SUP #2769
Public Hearing and Consideration of a request for a special use permit to increase the sign area for the shopping center sign at Landmark Center Shopping Mall located at 5801 Duke Street; zoned CR/Commercial Regional. Applicant: Paul Hoffman.







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49. SUP #2693-C
SUP #2693-D
Public Hearing and Consideration of a review of special use permits for the automobile repair garages (noncomplying uses) located at 722 North Henry Street (SUP #2693-C) and 1106 Madison Street (SUP #2693-D); zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Catoctin Circle Auto, Inc., by Cyril D. Calley, attorney.

COMMISSION ACTION: Deferred by staff 6-0.

50. SUP #2801
Public Hearing and Consideration of a request for a special use permit to install temporary office trailers for the Grace Episcopal Church located at 3601 Russell Road; zoned R-8/Residential. Applicant: Grace Episcopal Church, by John Cole, Cole and Denny, Inc.

COMMISSION ACTION: Deferred 6-0.

51. SUP #0888-E
Public Hearing and Consideration of a request for a special use permit to delete a condition of the special use permit concerning the time limitations for embarking and debarking for cruise ships located at 0 Prince Street; zoned W-1/Waterfront. Applicant: Port of Alexandria Company and Potomac Party Cruises, Inc., by Nina Wilson.

52. SUP #1096-A
Public Hearing and Consideration of a request to amend the existing special use permit to include the existing restaurant operations for the Santa Fe East restaurant located at 110 South Pitt Street; zoned CD/Commercial Downtown. Applicant: Farthings Limited, Inc., by W. Howard Rooks.

53. SUP #2765
Public Hearing and Consideration of a request for a special use permit to construct a single-family dwelling on a substandard lot located at 1302 Roosevelt Street; zoned R-8/Residential. Applicant: Anthony Beale for the Estate of Marcellius T. Beale.

54. SUP #2775
Public Hearing and Consideration of a request for a special use permit, with site plan, to intensify an existing nursing home by making physical improvements to the exterior of the existing building and to the site. Modifications to zoning requirements are requested. The property is located at 900 Virginia Avenue; zoned R-8/Residential. Applicant: Integrated Health Services at Alexandria, Inc., by Mark H. Fields.




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55. TA #94-002
Public Hearing and Consideration of an amendment to Article (General Regulations), section 1-400(B) (Interpretation of Zone Regulations) of the Zoning Ordinance, to clarify when density calculations may be made on an overall land tract basis. Staff: Department of Planning and Community Development.

56. SUP #1945-D
Public Hearing and Consideration of a review of a special use permit for the food court located at 5 Cameron Street; zoned CD/Commercial Downtown. Applicant: Alexandria Waterfront Associates Limited Partnership, by Duncan W. Blair, attorney.

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council noted the deferrals and withdrawal. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

THERE BEING NO FURTHER DISCUSSION, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 4:26 p.m., the Public Hearing Meeting of May 14, 1994, was adjourned. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"


APPROVED BY:


ATTEST:


_____________________________
Beverly I. Jett, CMC, City Clerk


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This docket is subject to change.

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