Public Hearing Meeting
Saturday, October 15, 1994 - - 9:30 am
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Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Brannan, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief of Planning and Zoning; Fire Chief Hawkins; Mr. Neckel, Director of Finance; Mr. Radauskas, Director of Code Enforcement; and Lieutenant Robbins, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(a) Gayle Reuter, 2 East Custis Avenue, on behalf of the members of the Del Ray Centennial Celebration Committee, thanked the City Council and City staff for all of their help and assistance for the Del Ray Centennial Parade, the festival and everything that went along with it. She presented City Council and staff with a booklet with respect to a walking tour of historic homes in Del Ray, and also a T-shirt. She also spoke about the Del Ray Farmers' Market which is held on Saturdays from 8:00 a.m. to 1:00 p.m. at Oxford and Mt. Vernon Avenues.
(b) Richard M. Reno, 203 Yoakum Parkway, Unit 1510, president, Alexandria Gay and Lesbian Community Association, spoke in support of Docket Item No. 26, the HIV/AIDS Mental Health Services Demonstration Program Grant.
(A copy of Mr. Reno's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (b); 10/15/94, and is incorporated herewith as part of this record by reference.)
(c) Anne L. Briscoe, 416 East Alexandria Avenue, vice president, Alexandria Gay and Lesbian Community Association, spoke in support of Docket Item No. 26, the HIV/AIDS Mental Health Services Demonstration Program Grant.
(A copy of Ms. Briscoe's statement is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (c); 10/15/94, and is incorporated herewith as part of this record by reference.)1
(d) John Chapman Gager spoke during this period.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 22)
Planning Commission
WITHOUT OBJECTION, CITY COUNCIL REMOVED DOCKET ITEM NOS. 6, 8, 20 AND 21 FROM THE ACTION CONSENT CALENDAR.
3. SUP #94-0331 - 2417 MOUNT VERNON AVENUE - Public Hearing and Consideration of a review of a special use permit for a fraternal organization; zoned CL/Commercial Low. Applicant: Stepping Stones Club, Inc., by Frank M. McIntyre.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/15/94, and is incorporated herewith as part of this record by reference.)
4. SUP #94-0332 - 2101 JAMIESON AVENUE - Public Hearing and Consideration of a request to amend the Carlyle special use permit to allow an increase in height for the penthouse of the building; zoned CDD#1/Coordinated Development District, Duke Street. Applicant: Carlyle Towers, Limited Liability Corporation, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 6-0(A copy of the Planning Commission report dated October 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/15/94, and is incorporated herewith as part of this record by reference.)
5. MPA #94-010 - 3699 RUSSELL ROAD; 3200 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for an amendment to the Potomac West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the portion of the properties at 3699 Russell Road and 3200 Mount Vernon Avenue, zoned POS/Parks and Open Space to RM/Residential Medium. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/15/94, and is incorporated herewith as part of this record by reference.)2
7. REZONING #94-012 - 2345, 2347, 2365-2415 MILL ROAD; 108 TELEGRAPH ROAD - Public Hearing and Consideration of a request for technical corrections to the zoning map changing the zone classification of the properties at 2345 and 2347 Mill Road fromUT/Utilities and Transportation to CDD/Coordinated Development District, and the railway track portion of the WMATA properties at 2365-2415 Mill Road and 108 Telegraph Road fromOCM(100)/Office Commercial Medium and OCH/Office Commercial High to UT/Utilities and Transportation, consistent with the King Street/Eisenhower Avenue Metro Station Plan section of the adopted Master Plan. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/15/94, and is incorporated herewith as part of this record by reference.)
9. SUP #94-0301 - 3102 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned RC/Residential. Applicant: Balraj Bhasin and Tarjit Pal Bhasin.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/15/94, and is incorporated herewith as part of this record by reference.)
10. SUP #94-0305 - 520 SOUTH WASHINGTON STREET - Public Hearing and Consideration of a request for a special use permit for a zone transition setback reduction and a floor area ratio increase for a funeral home; zoned CD/Commercial Downtown. Applicant: Demaine Funeral Home, by Mike Bellusci.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/15/94, and is incorporated herewith as part of this record by reference.)
11. SUP #94-0310 - 2936 MOUNT VERNON AVENUE - Public Hearing and Consideration of a review of a special use permit for a child care home; zoned RA/Residential. Applicant: Rosa P. Carr.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/15/94, and is incorporated herewith as part of this record by reference.)
12. SUP #94-0313 - 3976 SEMINARY ROAD - Public Hearing and Consideration of a review of a special use permit for a professional office in a residence; zoned R-20/Residential. Applicant: Paul V. Stasiewicz, D.D.S.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/15/94, and is incorporated herewith as part of this record by reference.)3
13. SUP #94-0315 - 1118 KING STREET - Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Richard L. and Nan L. Shearer.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/15/94, and is incorporated herewith as part of this record by reference.)
14. SUP #94-0318 - 5800 EDSALL ROAD - Public Hearing and Consideration of a request for a special use permit to increase the parking allowed for an automobile dealership; zoned CG/Commercial General. Applicant: James M. Kline, by Luther C. Blair, Jr.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/15/94, and is incorporated herewith as part of this record by reference.)
15. SUP #94-0321 - 200 SOUTH WHITING STREET - Public Hearing and Consideration of a request for an extension of time of the special use permit for a classroom trailer; zoned RCX/Residential. Applicant: Juvenile Detention Commission of Northern Virginia, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/15/94, and is incorporated herewith as part of this record by reference.)
16. SUP #94-0322 - 501 SOUTH WASHINGTON STREET - Public Hearing and consideration of a request for a special use permit to change the hours of operation of an automobile service station; zoned CL/Commercial Low. Applicant: Exxon Company, U.S.A., by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/15/94, and is incorporated herewith as part of this record by reference.)
17. SUP #94-0324 - 834 NORTH WASHINGTON STREET - Public Hearing and Consideration of a request for a special use permit to change the hours of operation of an automobile service station; zoned CDX/Commercial Downtown. Applicant: Exxon Company, U.S.A., by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/15/94, and is incorporated herewith as part of this record by reference.)
18. SUP #94-0325 - 3112-3114 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for a special use permit to operate a restaurant and theater (amusement enterprise); zoned RC/Residential. Applicant: Funny Bizness, Inc., by Patrick J. Walsh.
COMMISSION ACTION: Recommend Approval 6-0
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(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/15/94, and is incorporated herewith as part of this record by reference.)
19. SUP #94-0340 - 277 SOUTH VAN DORN STREET - Public Hearing and Consideration of a request for a special use permit to increase the hours of operation of a carry-out restaurant; zoned CG/Commercial General. Applicant: Fu Shing, Inc., t/a Fu Shing Chinese Carry-Out, by Kuang Hua Ying.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/15/94, and is incorporated herewith as part of this record by reference.)
22. SUP #94-0311 - 5406 SEMINARY ROAD - Public Hearing and Consideration of a review of a special use permit for a child care home; zoned R-20/Residential. Applicant: Bui Thi Son Binh Harrison.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/15/94, and is incorporated herewith as part of this record by reference.
A copy of Councilwoman Pepper's comments relating to this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 10/15/94, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (36 - 41)
36. SUP #94-0302 - 2312 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for a special use permit to increase the hours of operation of an existing gasoline service station; zoned CL/Commercial Low. Applicant: Hamad Ghafoor.
COMMISSION ACTION: Noted Deferral 6-037. SUP #94-0314 - 3130 DUKE STREET - Public Hearing and Consideration of a review of a special use permit for the automobile rental business;. zoned CG/Commercial General. Applicant: Premier Car Rental, Inc.
COMMISSION ACTION: Noted Deferral 6-0
38. SUP #94-0317 - 1319 POWHATAN STREET - Public Hearing and Consideration of a request for special use permit for a funeral home; zoned CSL/Commercial Service Low. Applicant: BJN Corporation, t/a Lewis Funeral Home, by Barbara Beach, attorney.
COMMISSION ACTION: Deferred 6-0. Reason: Applicant requested deferral.
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39. SUP #94-0330 - 101-109 KING STREET - Public Hearing and Consideration of a request for a special use permit to relocate restaurant seats from portions of the Fish Market restaurant at 101-103 King Street to a new location at 109 King Street; zoned CD/Commercial Downtown. Applicant: Old Towne Food Service Corporation, by Julian Karpoff.
COMMISSION ACTION: Deferred 6-0. Reason: Applicant requested deferral.
40. MPA #94-008 - 901 SLATER'S LANE - Public Hearing and 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 applicant 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.
COMMISSION ACTION: Deferred 6-0
41. REZONING #94-010 - TEXT AMENDMENT #94-005 - SLATER'S LANE - Public Hearing and Consideration of a request to change the underlying zoning of the piggyback yard from RB/Residential to CRMU-L/Commercial Residential Mixed Use-Low, 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/Coordinated Development District, Potomac Yard/Greens. Applicant: RF&P Corporation, by Harry P. Hart, attorney.
COMMISSION ACTION: Deferred 6-0
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Cleveland and Council Member Rich and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 6, 8, 20, and 21, which were considered under separate motions, and noted the deferrals on the Deferral/Withdrawal Consent Calendar, Item Nos. 36-41. The Planning Commission recommendations are as follows:
3. 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 to amend Conditions #3 and #7, to delete Condition #10 and to add Condition #13.
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and adopted the master plan amendment.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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.6
(With respect to Docket Item No. 9, Council Member Rich recognized Mr. Bhasin who was present and is opening up a new Indian restaurant on Mt. Vernon Avenue. He used to be at the Tandor Restaurant which had great food. Council Member Rich welcomed him to the Avenue.)
10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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.
(Councilwoman Pepper stated, with respect to Docket Item No. 14, that great promises were made to the City when it allowed this dealership to move onto this site. Great expectations were raised. Council was told that there would be shrubbery and plantings unparalleled throughout the City. Technically, they did install some plantings, but it is certainly nowhere near the expectations that were raised. May the word go back that we would like to see a whole lot better landscaping than what we have there now.
Mr. Lynn, Director of Planning and Zoning, stated that staff can convey Councilwoman Pepper's thoughts to the owner and maybe he will do something.)
15. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
16. 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.
(With respect to Docket Item No. 18, Councilman Euille stated that this is an excellent idea for this new venture to be placed on Mt. Vernon Avenue in light of the ongoing and upcoming Mt. Vernon Avenue Enterprise Zone Revitalization. He stated that he thinks this is something that will be of benefit to the entire community. It is something that is vitally needed there to not only spruce up Mt. Vernon Avenue, but to provide the type of entertainment that the residents certainly would enjoy. He wished Jerry Terlitsky well.)
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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.
22. City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
36. City Council noted the deferral.
37. City Council noted the deferral.
38. City Council noted the deferral.
39. City Council noted the deferral.
40. City council noted the deferral.
41. City Council noted the deferral.
END OF CONSENT CALENDARS
The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Euille "aye"
Rich "aye" Pepper "aye"
Walker "aye"
6. REZONING #94-011 - 3699 RUSSELL ROAD; 3200 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for rezoning from POS/Public Open Space and Community Recreation zone to RA/Multifamily Residential zone. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/15/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Edward Sheehy, 241 Tennessee Avenue, representing himself and the Warwick Village Association, requested additional information with respect to the usage for this land and does this leave it open for development which remains a concern of the Association and the adjoining property owner; and
Warren Almquist, 201 East Monroe Avenue, architect representing the owner, spoke in support and stated that this is part of a larger project that will be developed, and he assured City Council that they have every intention of meeting with the Warwick Village Civic Association and adjacent property owners showing them the plans and working with them through the process.
Councilman Cleveland stated that the developer does not plan to use the strip of land that is owned by Virginia Power. The developer is planning to use the other strip of land that is in between Mt. Vernon Avenue that ends at Landover Street.
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Mr. Lynn, Director of Planning and Zoning, stated that the application was brought forward by staff mainly to correct a technical error. It was zoned POS which is only for publicly-owned open space. He stated that all of the property that is owned privately is being placed back into the hands of the private owners and giving them the zoning that is adjacent to the strip. Mr. Lynn stated that Councilman Cleveland is correct. He indicated that one of the portions of this land is included in the Bratti proposal. Mr. Bratti is proposing to build townhouses there. The proposal has been shown to staff informally, but has not yet been filed. He stated that the land where the proposed development is intended to go is the strip of land coming off of Mt. Vernon Avenue.
Councilwoman Pepper stated for the record that she went on record as having been that person who felt this whole area should have been left as open space and as the little connecting path that it is. Years ago when this came up before Council she stated then that its highest and best use was the use it was in right now. That that was what was needed in the community.
The Mayor stated if it is privately-owned land you can't zone it as if it is publicly-owned land.
Councilwoman Pepper stated that is why the motion failed because it was a joint ownership by others, and the City was not in a position to buy it. That is why the motion was defeated.)
WHEREUPON, upon motion by Councilman Euille, seconded simultaneously by Councilwoman Pepper and Councilman 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. The voting was as follows:
Euille "aye" Ticer "aye"
Pepper "aye" Donley "aye"
Cleveland "aye" Rich "aye"
Walker "aye"
8. SUP #94-0300 - 3231 DUKE STREET - Public Hearing and Consideration of a request for a special use permit for a restaurant (coffee shop) ; zoned CG/Commercial General. Applicant: Hannibal's Coffee Company, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/15/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
William C. Thomas, 1733 King Street, attorney representing the applicant, spoke in support of this item and requested that Condition #14, which requires a one-year review, be removed; and
Bernard Fagelson, 1412 Key Drive, attorney representing the applicant, also spoke in support.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Cleveland and Vice Mayor Donley 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 and to amend Condition #3, and removed Condition #14. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Walker "aye"
20. REZONING #94-008 - 5350 DAWES AVENUE, 5319 AND 5333 - FILLMORE AVENUE - Public Hearing and Consideration of a request for rezoning of 1.041 acres from R-20/Residential Single-Family to R-8 Residential Single-Family in order to accommodate a planned future subdivision of the three existing lots into four lots. Applicant: Fillmore-Dawes Partnership, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/15/94, and is incorporated herewith as part of this record by reference.
A copy of Mr. Thomas' letter dated September 9, 1994, as revised October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 10/15/94, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
William C. Thomas, 1733 King Street, attorney representing the applicant, spoke to the revised proffers that were requested by the community and changes that were requested by staff, which are included in the letter dated September 9, 1994, as revised October 4, 1994.)
WHEREUPON, upon motion by Vice Mayor 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 the proffers as outlined in the letter dated September 9, revised October 4. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"
21. SUP #94-0303 - 400 GREEN STREET - Public Hearing and Consideration of a request for a special use permit for a trailer for classroom use; zoned RM/Residential. Applicant: Non-Public Educational Services, Inc., by Ann Martin.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/15/94, 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.10
(General Discussion. Vice Mayor Donley asked questions of staff with respect to trailers for classroom use requiring sprinkler systems in the past, and whether there has been a change in policy.
Mr. Radauskas, Code Enforcement Director, stated that it is clearly not required by code. He stated that staff may have been requiring them as a matter of course in the past, but it is not a requirement of the building code that that be done.
Vice Mayor Donley stated that we need to be consistent. Vice Mayor Donley requested that staff report back regarding this sprinkler issue because if we are going to require them, we need to be consistent with every applicant. If we are not going to require them in some cases and in others, he stated that Council needs to know why.
The staff will report back.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
23. VACATION #94-009 - Public Hearing and Consideration of a request for vacation of the public street cul-de-sac right-of-way of Valley Forge Drive at the 200 block of South Pickett Street; zoned RC/Residential. Applicant: Unit Owners Association of Hillwood Condominium, by Jerry Lake, president; and appointment of Viewers for same. (#38 9/17/94)
COMMISSION ACTION: Recommend Denial 6-0
(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/15/94, and is incorporated herewith as part of this record by reference.
A copy of a letter dated October 11, 1994, from Transportation and Environmental Services Director O'Kane to Andrew Palmieri, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 10/15/94, and is incorporated herewith as part of this record by reference.
A copy of a letter dated October 7, 1994, from Mr. Palmieri is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 23; 10/15/94, and is incorporated herewith as part of this record by reference.
Copies of communications received from adjacent properties and the Holmes Run Committee, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 23; 10/15/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Mark Barnes, 325 South Pickett Street, representing the applicant, spoke in support;
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Andrew F. Palmieri, 8100 Boone Boulevard, Suite 410, Vienna, VA, representing Hillwood Condominium and Townes of Hillwood, spoke in support; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Donley and Councilman Cleveland and carried unanimously, City Council granted the vacation of the public street cul-de-sac right-of-way, subject to compliance with all applicable codes, ordinances and staff recommendations with the deletion of staff recommendation #8 and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed James K. Ryan, Chair, and Rebecca Davies and Mimi Zwerling as Viewers. NOTE: Once James Ryan was notified of his appointment, he decided he no longer wanted to serve as a Viewer; therefore, the Mayor subsequently appointed Rebecca Davies, Chair, and Robert O. Butler as a Viewer to replace Mr. Ryan. The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
24. Public Hearing on the 1994 Annual Report. (#11 9/13/94)
(A copy of the 1994 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 10/15/94, 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.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council received the report. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
25. Consideration of Reprinting of and Distribution of the 1994 Annual Report. This is not a public hearing item.)
(A copy of the City Manager's memorandum dated October 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 10/15/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mayor Ticer requested that a survey postcard be included in the Annual Report requesting comments and feedback. There was considerable discussion on options 3 and 4. The Members of City Council, the City Manager, and Assistant City Manager Brannan participated in the discussion.)
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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, City Council approved to exercise Option 4 to reprint and distribute 65,000 copies of the Annual Report, using a lighter weight version than what Council has before it now, through bulk mail which will go to all households in the City. [Make remaining copies available to the public through City offices and public libraries and to businesses through the Alexandria Economic Development Program and local business associations.] The voting was as follows:
Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
27. SUP #2657-B - Consideration of a review and revocation of a special use permit for the recycling facility located at 619-625 Burnside Place; zoned I/Industrial. Applicant: Brent Trucking Company, Inc., by Eric E. Zicht. (#44 9/17/94)
COMMISSION ACTION: Recommend Revocation 6-0
(This is not a public hearing item.)
(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 10/15/94, and is incorporated herewith as part of this record by reference.
A copy of a letter of understanding dated October 14, 1994, from Mr. Hart, attorney for Mr. Brent, to Councilman Euille is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 10/15/94, and is incorporated herewith as part of this record by reference.
A copy of a letter dated October 14, 1994, from Ms. Beach, attorney representing the adjacent neighbors, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 27; 10/15/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mr. Hart, attorney for the applicant, stated that the last two full paragraphs really set out the agreement with one addition that was an important addition to staff.
The last paragraph on Page 2 of the letter to Councilman Euille as read by Mr. Hart, attorney, reads as follows: "Based on your suggestion he is also willing to appoint Mr. Eric Zicht to be authorized agent/caretaker who has the authority to have the necessary repairs completed within the required time frames, to be consultant to the City at Mr. Brent's expense to see that the work is accomplished. Mr. Zicht believes it will take 1 week for system design; then there will be processing time through the City; 1 week to obtain the bids and 2 weeks for installation. He believes 60 days would be a reasonable time for completion. In the meantime Mr. Brent affirms the sprinkler system is turned on. There is also, based on a conversation this morning, a time frame within that 60 days when staff would like to make certain to check and see that the design has been done, the approval process accomplished with the City and the bids are in during the first 30-day period. Mr. Zicht will be the contact person for the City staff to deal with."
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Fire Chief Hawkins spoke to the agreement.
Members of City Council participated in the discussion of this item.
The City Attorney stated for the record that the understanding is that if at the end of the initial 30-day period, if the things that are to be done are not done to the satisfaction of the staff, then the permit is revoked. The issue before Council is revocation; it is not issuing a permit. It is revoking a permit. Secondly, if at the end of the 60-day period all of the work that is to be completed has not been completed to the satisfaction of the staff, the permit is revoked. It does not come back to Council. Revocation means revocation. It is gone forever. Thirdly, there should be a one-year review on this. That if there is not revocation at the end of the 60th day and everything is all right, we still will have a one-year review.)
WHEREUPON, motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved that Brent Trucking Company, Inc., be granted 60 days to comply with code violations with the understanding that after the first 30 days staff will review compliance and should the administrative items that have been noted are not complied with within that time frame the staff has the authority to shut down the operation and the matter is closed; the recommendation incorporates the 25 conditions that the staff had recommended and excludes condition #26; and added "that if there is no revocation at the end of the 60th day and everything is all right, the special use permit shall be reviewed in one year." The voting was as follows:
Euille "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
28. VACATION #94-008 - 4007 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for vacation of the public right-of-way adjoining the property; zoned CL/Commercial Low. Applicant: United Action Corporation, t/a 24 Express, Paul N. Papageorge, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval In Part/Denial In Part 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 10/15/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Brett Orlove, 2100 Pennsylvania Avenue, N.W., #770, Washington, D.C., representing Albert Small, property owner, spoke in support for total vacation of the outlots, including outlot A;
Paul N. Papageorge, 3746 Gunston Road, representing the applicant, spoke in support for total vacation; and
Jay duVon, 14914 Jefferson Davis Highway, Woodbridge, VA, representing Exxon Corporation, adjacent property owner, spoke in support of Mr. Pagageorge's application.
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General Discussion. Members of City Council, Mr. Lynn, Director of Planning and Zoning, and Ms. Brownstein, Landscape Architect, participated in the discussion.
The City Manager stated that the staff will come back with a report and the Recreation Department will work closely with the Police Department with regard to the placing, the design and the height of the fence. She stated that she has asked the Police Department to come up with a lighting report throughout the City on the areas that are dangerous for the people who live there and difficult for the police to patrol and to insure maximum public safety. Staff will certainly look at this whole park area as well as the area contiguous to the fence.
Council Member Walker and Councilman Euille hope that the Park and Recreation Commission could come up with some solution that would make the area amenable to a socializing environment with the eradication of the nuisance concerns.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and denied the request to vacate Outlot A, and approved the request to vacate Outlots B and C, subject to compliance with all applicable codes, ordinances and staff recommendations, and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Angus Lamond, Chair, Amoret Bunn and Carolyn Merck as Viewers. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"
THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council asked the Park and Recreation Department, in cooperation with the Park and Recreation Commission, to develop a plan to address the loitering issue and public safety issues on what we are considering today as Outlot A and report their results back to the Council within 60 days. [This does not need to come back as a legislative item on the docket; however, a report should come back within 60 days on what has been accomplished.] The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
29. MPA #94-009 - 3110 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for master plan amendment to change the land use designation from RH/Residential High to CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: Calvert Associates, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 10/15/94, and is incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on this item:
Marilyn Doherty, 12 West Mount Ida Avenue, spoke against this item; and
Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in favor of this request.
Councilwoman Pepper asked questions of Mr. Lynn, Director of Planning and Zoning.)
WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and adopted the master plan amendment. The voting was as follows:
Euille "aye" Donley "aye"
Cleveland "aye" Rich "aye"
Pepper "aye" Ticer "aye"
Walker "aye"
30. REZONING #94-009 - 3110 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for rezoning from RC/Residential to CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: Calvert Associates, by Harry P. Hart, attorney.
COMMISSION ACTION: Approved 6-0
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 10/15/94, 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.
WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Council Member Walker and Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request. The voting was as follows:
Donley "aye" Ticer "aye"
Walker "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Rich did not vote
THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council reconsidered Docket Item No. 30. The voting was as follows:
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
(Council Member Rich offered an amendment to the request to add a condition to read: "That the developer/owner will work with the City staff to remove the 16 yellow metal barriers in the front parking lot to the extent that it is reasonably feasible in the opinion of the City staff."
Mr. Hart, attorney for the applicant, stated that he is not authorized to agree to the added condition, but he does not have any objection to it. He stated that the owner will work with the staff on it.)
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WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, that the rezone apply with the proffers as indicated in the staff report and added a condition to read: "That the developer/owner will work with the City staff to remove the 16 yellow metal barriers in the front parking lot to the extent that it is reasonably feasible in the opinion of the City staff." The voting was as follows:
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
31. SUP #94-0312 - 4550 SEMINARY ROAD - Public Hearing and Consideration of a review of a special use permit for a professional office in a residence; zoned R-8/Residential. Applicant: Albert S. Roslyn, D.D.S.
COMMISSION ACTION: Recommend Approval 5-1
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 10/15/94, and is incorporated herewith as part of this record by reference.)
(William C. Thomas, 1733 King Street, attorney for the applicant, was available to answer questions.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille 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 to amend Condition #5. The voting was as follows:
Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"
32. SUP #94-0316 - 3800 JEFFERSON DAVIS HIGHWAY, COMMONWEALTH AVENUE - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a motor vehicle storage lot for up to 695 vehicles in conjunction with the existing Hertz operation. The site is located at 3800 Jefferson Davis Highway, near Four Mile Run; zoned CDD #7/Coordinated Development District, Route 1 Properties. Applicant: The Hertz Corporation, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Denial 3-3
(A copy of the Planning Commission report dated October 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 10/15/94, and is incorporated herewith as part of this record by reference.)
(Council Member Rich stated for the record that his Law Firm represents Hertz in connection with unrelated matters. In the interest of appearances of a potential conflict, he recused himself and did not participate in the discussion of this item.)
(The following persons participated in the public hearing on this item:
Howard Middleton, 510 King Street, attorney for applicant, spoke in support of the application, but against Condition #2;
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Ruby Tucker, 254 Lynhaven Drive, stated that she was not representing the Lynhaven Civic Association today, but was representing some of the citizens of the neighborhood, spoke against this application; and
Marilyn Doherty, 12 West Mount Ida Avenue, spoke against this item.
General Discussion. Members of City Council, Mr. Middleton and Mrs. Tucker participated in the discussion.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Cleveland and Council Member Walker and carried on a vote of 6-0-1, City Council approved the recommendation of the Planning Commission and denied this request. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Rich "abstain"
ORDINANCES AND RESOLUTIONS
33. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way for a replacement freestanding sign located at 4900-5000 Seminary Road at Nottingham Drive. (#22 10/11/94) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3754
AN ORDINANCE authorizing the Mark Winkler Company, and its successors in title, to increase the size of the freestanding sign that may be located, pursuant to Ordinance No. 3151, within the public median right-of-way located in Nottingham Drive at its terminus with Seminary Road, in the City of Alexandria, Virginia.
WHEREAS, the Mark Winkler Company is the owner of the property located at 4900 Seminary Road in the City of Alexandria, Virginia; and
WHEREAS, the owner desires to move the existing freestanding sign which encroaches into the public median right-of-way located in Nottingham Drive at its terminus with Seminary Road, in the City of Alexandria, Virginia as authorized by Ordinance No. 3151, enacted on September 13, 1986, and install a slightly larger sign; and18
WHEREAS, the public right-of-way at that point on Nottingham Drive will not be significantly impaired by this larger sign; and
WHEREAS, this request to encroach into the public right-of-way of Nottingham Drive with a larger freestanding sign has been approved, subject to certain conditions, by the Planning Commission of the City of Alexandria at one of its regular meetings; 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 the Mark Winkler Company and its successors in title (hereinafter collectively the "Owner") be, and the same hereby are, authorized to continue to encroach into the public median right-of-way located in Nottingham Drive at its terminus with Seminary Road, in the City of Alexandria, as authorized by Ordinance No. 3151, except that the freestanding sign which may exist within the encroachment area may be up to 2 feet, 7 inches in width, 15 feet, 4 inches in length, and 3 feet, 6 inches in height provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment, and shall be subject to the provisions set forth below.
Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that, in the event the City shall, in the future, have need for the area of the proposed encroachment, the applicant shall remove any structure or projection that encroaches into the public right-of-way, within 60 days, upon notification by the City.
Section 3. That the authorization hereby granted to establish and maintain the encroachment shall be subject to and conditioned upon owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
Bodily Injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.
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Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.
Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 7. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in Section 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 Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.
Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 10/11/94
First Reading: 10/11/94
Publication: 10/13/94
Public Hearing: 10/15/94
Second Reading: 10/15/94
Final Passage: 10/15/94
34. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way for parking spaces for the Oakville Industrial Park property located at 2610 Jefferson Davis Highway. (#23 10/11/94) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.20
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3755
AN ORDINANCE authorizing the owner of the property known as the Oakville Industrial Park, located at 2610 Jefferson Davis Highway, 400-420 Calvert Avenue and 403-420 Swann Avenue, and the owner's successors in title, to establish and maintain an encroachment, for purposes of providing off-street parking spaces, into the public rights-of-way of Oakville Street and Swann and Calvert Avenues, in the City of Alexandria, Virginia.
WHEREAS, the G & E Oakville Corporation is the owner of the property known as the Oakville Industrial Park, located at 2610 Jefferson Davis Highway, 400-420 Calvert Avenue and 403-420 Swann Avenue, in the City of Alexandria, Virginia; and
WHEREAS, the G & E Oakville Corporation desires to establish and maintain on the Oakville Industrial Park approximately 41 off-street parking spaces which will encroach into 1,980.03 square feet of the public rights-of-way of Oakville Street and Swann and Calvert Avenues, as shown by a plat prepared by Holland Engineering, dated July 26, 1994, and entitled "Encroachment Plan, Oakville Industrial Park, City of Alexandria, Virginia" (hereinafter, the "Plat") (attached hereto); and
WHEREAS, the public rights-of-way at these points on Oakville Street and Swann and Calvert Avenues 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 the G & E Oakville Corporation and its successors in title to the property known as the Oakville Industrial Park (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into 1,980.03 square feet of the public rights-of-way of Oakville Street and Swann and Calvert Avenues in the City of Alexandria, said encroachment consisting of a portion of 41 off-street parking spaces serving the Oakville Industrial Park, all as shown on the attached Plat, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.21
Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
Bodily Injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.
Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria, and its officers, employees and agents, from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.
Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 6. That Owner 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 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have
22
the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.
Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.
PATRICIA S. TICER
Mayor
Attachment: Plat
Introduction: 10/11/94
First Reading: 10/11/94
Publication: 10/13/94
Public Hearing: 10/15/94
Second Reading: 10/15/94
Final Passage: 10/15/94
23
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35. Public Hearing. Second Reading and Final Passage of AN ORDINANCE making supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1995. (#24 10/11/94) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 10/15/94, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3756
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 1995, which began on the first day of July 1994 and ends on the thirtieth day of June 1995.
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 required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances or otherwise on or before June 30, 1994, but which are payable in fiscal year 1995 and for which amounts were appropriated but not expended in fiscal year 1994, and further that the council does hereby allot the amounts so appropriated to the several municipal departments for fiscal year 1995, as follows:
GENERAL FUND
18th Circuit Court $ 528
Commonwealth's Attorney 88,324
Sheriff 98,765
Clerk of Courts 96,546
Court Services 1,996
Financial and Information Services 176,845
City Attorney 2,999
Registrar 4,573
City Council 520
Human Relations 15,439
Citizens Assistance 1,961
Personnel 26,892
Planning and Zoning 56,830
General Services 190,074
Transportation and Environmental Services 607,067
Fire 270,658
Police 257,324
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Office of Housing 169,287
Mental Health/Mental Retardation/
Substance Abuse 4,245
Health 30,871
Human Services 947,547
Office of Historic Alexandria 64,531
Recreation and Cultural Activities 37,735
Non-Departmental 305,257
Total General Fund $3,456,814
EOUIPMENT REPLACEMENT RESERVE FUND
Sheriff $ 681
Financial and Information Services 40,000
Transportation and EnvironmentalServices 867,932
Fire 625,866
Police 28,354
Health 90,000
Recreation 98,427
Total Equipment Replacement Reserve
Fund $1,751,260
Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 1994, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $24,079
Sheriff 24,539
Court Services 7,728
General Services 50,333
Transportation and Environmental
Services 138,550
Fire 409,642
Housing 7,411,308
Mental Health/Mental Retardation/
Substance Abuse 132,938
Health 55,607
Human Services 565,572
Historic Alexandria 26,163
Recreation 8,283
Total Estimated Revenue $8,854,742
APPROPRIATION:
Human Relations $24,079
Sheriff 24,539
Court Services 7,728
General Services 50,333
Transportation and Environmental
Services $138,550
Fire 409,642
Housing 7,411,308
Mental Health/Mental Retardation/
Substance Abuse 132,938
26
Health 55,607
Human Services 565,572
Historic Alexandria 26,163
Recreation 8,283
Total Estimated Revenue $8,854,742
Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision 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 1995, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1994, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $1,331
Commonwealth's Attorney -105,509
Planning and Zoning 19,552
Fire 7,332
Mental Health/Mental Retardation/
Substance Abuse 652,900
Health -2,310
Human Services 53,069
Historic Alexandria 101,236
Recreation 10,410
Total Estimated Revenue $ 738,011
APPROPRIATION:
Human Relations $1,331
Commonwealth's Attorney -105,509
Planning and Zoning 19,552
Fire 7,332
Mental Health/Mental Retardation/
Substance Abuse 652,900
Health -2,310
Human Services 53,069
Historic Alexandria 101,236
Recreation 10,410
Total Estimated Revenue $ 738,011
Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1995, the source of such amount being the residual balances accumulated as of June 30, 1994, in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $ 70,165
Citizens Assistance 16,115
Commonwealth's Attorney 20,533
Clerk of Courts 124,436
Court Services 900
Financial and Information Services 87
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Personnel 86,469
Transportation and Environmental Services 46,128
Fire 6,188
Police 512,099
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 13,405
Health 9,022
Human Services 67,915
Historic Alexandria 82,502
Recreation 90,616
Library 430
Non-Departmental 7,939
Total Estimated Revenue $1,155,399
APPROPRIATION:
Human Relations $70,165
Citizens Assistance 16,115
Commonwealth's Attorney 20,533
Clerk of Courts 124,436
Court Services 900
Financial and Information Services 87
Personnel 86,469
Transportation and Environmental Services 46,128
Fire 6,188
Police $512,099
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 13,405
Health 9,022
Human Services 67,915
Historic Alexandria 82,502
Recreation 90,616
Library 430
Non-Departmental 7,939
Total Estimated Revenue $1,155,399
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 1995, the source of such amount being donations whose revenues have been accepted and adjusted but not appropriated in fiscal year 1995, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Financial and Information Services $2,000
Human Services 1,000
Total Estimated Revenue $3,000
APPROPRIATION:
Financial and Information Services $2,000
Human Services 1,000
Total Estimated Revenue $3,000
Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amount being Charges for Services and28
Use of Money and Property, and further that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the fiscal year 1995 capital improvement budget: city project nos. 004-034, 011-032 and 011-090.
ESTIMATED REVENUE:
Charges for Services $19,155
Use of Money and Property 11,442
Total Estimated Revenue $30,597
APPROPRIATION:
Capital Projects $30,597
Total Appropriation $30,597
Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amount being Intergovernmental Revenue, and further that the council does hereby allot the amount so appropriated for fiscal year 1995, as follows:
GENERAL FUND
ESTIMATED REVENUE:
Intergovernmental Revenue $ 105,509
Total Estimated Revenue $ 105,509
APPROPRIATION:
Commonwealth's Attorney $ 105,509
Total Appropriation $ 105,509
Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amount being Undesignated General Fund Balance, and further that the council does hereby allot the amount so appropriated for and to the following capital project which is included in the fiscal year 1995 capital improvement budget: city project no. 002-004.
GENERAL FUND
APPROPRIATION:
Transfer to Capital Projects Fund $ 190,859
Total Appropriation $ 190,859
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ESTIMATED REVENUE:
Transfers In (from General Fund) $ 190,859
Total Appropriation $ 190,859
APPROPRIATION:
Capital Projects $ 190,859
Total Estimated Revenue $ 190,859
Section 9. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 10/11/94
First Reading: 10/11/94
Publication: 10/13/94
Public Hearing: 10/15/94
Second Reading: 10/15/94
Final Passage: 10/15/94
WITHOUT OBJECTION, at 12:05 p.m., the Meeting was recessed for lunch and City Council had its work session with the Community Services Board.
(A copy of the agenda and material relating to the Work Session are on file in the office of the City Clerk and Clerk of Council, and incorporated herewith as part of the record by reference.)
Whereupon, at 1:42 p.m., the Meeting was reconvened and the following transpired:
26. Consideration of Acceptance of a Federal Grant and Award of Funds from the Center for Mental Health Services. (#20 10/11/94)
(A copy of the City Manager's memorandum dated October 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 10/15/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried on a vote of 4-to-0, City Council (1) exceeded its budget cap on the number of full-time and part-time grant-funded City positions; and (2) accepted the federal grant totalling $350,000 for the first year, from October 1, 1994 through September 30, 1995. The grant award is $350,000 for the first year, with grant amounts for subsequent years of the four-year grant period to be determined by the granting agency based on availability of funds and performance of the grantee. Approval of this request will increase the number of grant-funded City positions by the following: 1.0 Full-Time Equivalent (FTE) Psychiatric Social Worker II; 1.0 FTE Psychological Counselor III; 1.0 FTE Psychiatric Nurse; and 0.5 FTE Clinical Psychologist I. These grant-fund positions would be located in the Department of Mental Health, Mental Retardation and Substance Abuse and would terminate upon the expiration of the grant. All persons who fill these
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positions will be notified of this condition of employment. The voting was as follows:
Cleveland "aye" Donley out of room
Euille "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker out of room
THEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 4-to-0, at 1:43 p.m. the meeting was adjourned. The voting was as follows:
Cleveland "aye" Donley out of room
Pepper "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker out of room
NOTE: Vice Mayor Donley had gone to get the other Members of Council to cast their vote on this item and the meeting was inadvertently adjourned; therefore, the following action was taken:
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Rich and carried on a vote of 6-to-0, at 1:45 p.m., the meeting was reconvened. The voting was as follows:
Euille "aye" Donley "aye"
Rich "aye" Cleveland left meeting
Ticer "aye" Pepper "aye"
Walker "aye"
THEREUPON, upon motion by Councilman Euille, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council reconsidered Docket Item No. 26. The voting was as follows:
Euille "aye" Donley "aye"
Rich" "aye" Cleveland left meeting
Ticer "aye" Pepper "aye"
Walker "aye"
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 6-to-0, City Council (1) exceeded its budget cap on the number of full-time and part-time grant-funded City positions; and (2) accepted the federal grant totalling $350,000 for the first year, from October 1, 1994 through September 30, 1995. The grant award is $350,000 for the first year, with grant amounts for subsequent years of the four-year grant period to be determined by the granting agency based on availability of funds and performance of the grantee. Approval of this request will increase the number of grant-funded City positions by the following: 1.0 Full-Time Equivalent (FTE) Psychiatric Social Worker II; 1.0 FTE Psychological Counselor III; 1.0 FTE Psychiatric Nurse; and 0.5 FTE Clinical Psychologist I. These grant-fund positions would be located in the Department of Mental Health, Mental Retardation and Substance Abuse and would terminate upon the expiration of the grant. All persons who fill these positions will be notified of this condition of employment. The voting was as follows:
Donley "aye" Cleveland left meeting
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
NOTE: Councilman Cleveland had cast his vote in the affirmative on the previous vote on this item.31
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 6-to-0, at 1:46 p.m., the Public Hearing Meeting of Saturday, October 15, 1994, was adjourned. The voting was as follows:
Donley "aye" Cleveland left meeting
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
APPROVED BY:
PATRICIA S. TICER MAYOR
ATTEST:
Beverly I. Jett, CMC City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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