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Public Hearing Meeting
Saturday, January 25, 1992 - - 9:30 am

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Platky, Director of Management and Budget; Mr. Pessoa, Assistant City Attorney; Fire Chief Beam; Fire Marshal Connor; Mr. Moore, Zoning Administrator; Mr. Crabill, Division Chief, Planning and Community Development; Mr. Smith and Mr. Cox, Planners, Planning and Community Development; Mr. Bell, City Engineer; Ms. Anderson, Division Chief, Transportation and Environmental Services; and Sergeant Corle, 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) Rod Kuckro, 209 E. Alexandria Avenue, representing Del Ray Citizens Association, recognized members of the Del Ray Citizens Association who raised almost $1300 to provide gift baskets to 32 families in the Del Ray, Warwick Village and Lynhaven areas. The baskets were delivered the Saturday before Christmas.

(b) John Chapman Gager, representing the Old Town Yacht Basin Associates, spoke during this period.
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

3. Consideration of Washington Metropolitan Area Transit Authority (WMATA) Interim Capital Contributions Agreement (ICCA-V). (#19 1/14/92) (Councilman Jackson) This is not a public hearing item.

(A copy of the City Manager's memorandum dated 1/21/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/25/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council approved the agreement, pending successful completion of a Local Funding Agreement (LFA) between WMATA and the City of Alexandria. The voting was as follows:

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

4. (a) Public Hearing and Consideration of Issues Relating to the Condominium Trash Rebate Formula Task Force. (#15 (a) 1/14/92) (Councilman Speck)

(A copy of Councilman Speck's memorandum dated 1/10/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of Councilman Speck's memorandum dated 1/2/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of a memorandum dated 1/8/92, signed by members of 14 condominium associations located in the City, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 4; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of a memorandum from the Alexandria Condominium Association dated 1/17/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 4; 1/25/92, and is incorporated herewith as part of this record by reference.)

(b) Public Hearing and Consideration of Resolution to Increase the Membership of the Condominium Trash Rebate Formula Task Force. (#15 (b) 1/14/92) (Councilwoman Pepper and Councilman Speck)



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(A copy of a memorandum from Councilwoman Pepper and Councilman Speck dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 4; 1/25/92, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved that the Task Force continue to exist and to continue in its mission to come up with a formula that is fair and appropriate for the condominiums for a trash rebate and added one extra member to this Task Force and that that person be someone coming from Planning District I. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
5. (a) Text Amendment #91-011 - Environmental Management Chesapeake Bay Preservation Act.

Continuation of the Public Hearing on and Consideration of possible amendment to Title 7, Chapter 6, of The Code of the City of Alexandria, Virginia, 1981, as amended, to adopt a new article (Article S, Environmental Management) implementing the local regulations required by the Chesapeake Bay Preservation Act and the regulations adopted by the Chesapeake Bay Local Assistance Board. (#20 (a) 1/14/92)

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated 12/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5 (a); 1/25/92, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the text amendment with the one modification regarding the appeal procedures, basically it will be the same kind of appeal procedures that the City uses in other land use issues, and included the amendments and changes as outlined in the City Attorney's memorandum dated January 24, 1992. The voting was as follows:

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

(b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend Title 7, Chapter 6, of the Code of the City of Alexandria, Virginia to adopt a new article (Article S, Environmental Management) implementing the local regulations required by the Chesapeake Bay Preservation Act and the regulations adopted by the Chesapeake Bay Local Assistance Board. (#20 (b) 1/14/92)

(A copy of the proposed ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5 (b); 1/25/92, 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. 5 (b); 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated 1/24/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 5 (b); 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated 1/13/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 5 (b); 1/25/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council introduced the ordinance and passed it on First Reading with the two amendments, substituting the new sections 421 through 423 and with the amendment with respect to the hearing procedures; and set the amended ordinance for Public Hearing, Second Reading and Final Passage on Tuesday, January 28, 1992. The voting was as follows:

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

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Board of Architectural Review

6. PERMIT #91-06307B - Public Hearing and Consideration of an Appeal from a Decision of the Board of Architectural Review, Old and Historic District Panel, Denying a Request for the Replacement-in-Kind of the Front Section of the Roof of the House Located at 209 Wilkes Street with Asphalt Shingles, by Cyril M. Wismar.

(A copy of the staff report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated 12/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 6; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated 1/23/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 6; 1/25/92, and is incorporated herewith as part of this record by reference.

Copies of communications received in support of the appeal are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 6; 1/25/92, and are incorporated herewith as part of this record by reference.)






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WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council upheld the appeal. The voting was as follows:

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

Planning Commission (continued)

7. SUP #2531 - Public Hearing and Consideration of a request for a Special Use Permit to operate a storage lot for rental cars located at 3705 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Alamo Rent-A-Car, by Philip S. Shailer. (#13 12/14/91; #14 11/16/91; #14 10/12/91)

COMMISSION ACTION: Recommend Denial 5-1

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of Mr. Middleton's letter dated 1/24/92, containing suggested conditions, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7, 1/25/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Speck and carried on a vote of 6-to-1, City Council approved the Special Use Permit, subject to compliance with all applicable codes, ordinances, staff conditions, and with the additional conditions as presented by Mr. Middleton's letter dated January 24, 1992, and added a condition #12 to read: "that automobiles ferried back and forth to National Airport shall go north on Mt. Vernon Avenue to South Glebe Road avoiding residential streets"; and added a condition "prohibiting the loading and unloading of cars from car transporters at the Mt. Vernon lot". The voting was as follows:

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

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WITHOUT OBJECTION, City Council considered Docket Item Nos. 8 and 9 together.

8. SUP #1787-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing automobile storage facility located at the rear of 825 Slater's Lane; zoned I-2,1 Industrial. Applicant: Avis Rent-A-Car System Inc., by David W. Buckley. (#23 11/16/91)

COMMISSION ACTION: Recommend Denial 6-1

(A copy of the Planning Commission report dated 11/7/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/25/92, and is incorporated herewith as part of this record by reference.)

9. SITE PLAN #91-010 - Public Hearing and Consideration of an Appeal of the Decision of the Planning Commission on Site Plan #91-010 for a request to construct an automobile storage facility for 231 vehicles located north of Slater's Lane just west of the George Washington Parkway containing approximately 2.0 acres; zoned I-1, Industrial. Applicant: Avis Rent-A-Car Systems, by David W. Buckley.

COMMISSION ACTION: Recommend Denial 6-1

(A copy of the staff report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/25/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council denied the Special Use Permit and the appeal. The voting was as follows:

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







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10. SITE PLAN #91-012 - Public Hearing and Consideration of an Appeal of the Decision of the Planning Commission on Site Plan #91-012 for a request to construct a two-building church/office facility with a total gross floor area of 6,480 square feet located at 1503-1505 Mount Vernon Avenue containing 10,704 square feet; zoned C-2 Commercial. Applicant C. S. Taylor Burke, III.

COMMISSION ACTION: Recommend Denial 3-2

(A copy of the Planning staff report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated 1/23/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Calley dated 1/24/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Hochberg dated 1/21/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 10; 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of a letter of opposition from the Potomac West Trade Association dated 1/24/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 10, 1/25/92, and is incorporated herewith as part of this record by reference.

A copy of a petition in opposition is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 10; 1/25/92, and is incorporated herewith as part of this record by reference.)






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WHEREUPON, a motion was made by Councilman Speck, seconded by Council Member Rich that City Council defer this to the next public hearing on February 22, 1992.

THEREUPON, a substitute motion was made by Vice Mayor Cleveland to propose that we grant this by-right use and let these people move their church and be part of the community; which motion FAILED for lack of a second.

WHEREUPON, Council returned to the motion made by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council deferred this to the next public hearing on February 22, 1992. The voting was as follows:

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

Thereupon, at 3:05 p.m., the meeting was reconvened and the following transpired:







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WITHOUT OBJECTION, City Council took Docket Item No. 28 out of order.

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Title 7, Chapter 6, Article F, Non-conforming Uses and Structures, of the Code of the City of Alexandria, Virginia, the nature of which would be to extend the deadline for abatement of non-conforming commercial uses in buildings or structures zoned for residential use located on land which is due to be zoned commercial upon adoption of the Sixth Revised Zoning Map. (#24 1/14/92)

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 Vice Mayor Cleveland 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" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3552

AN ORDINANCE to amend and reordain Section 7-6-110 (REGULATION OF NONCONFORMING BUILDINGS OR STRUCTURES IN RESIDENTIAL ZONES), Article F (NONCONFORMING USES AND STRUCTURES) of Chapter 6 (ZONING), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new subsection (e) extending the December 28, 1991, amortization date for certain nonconforming uses to December 28, 1992.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 7-6-110 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding thereto a new subsection (e) to read as follows:

(e) Not withstanding the provisions of subsections (a) or (b), any nonconforming commercial use in a building or structure zoned for residential use may continue as a nonconforming use until December 28, 1992, provided the land on which the nonconforming use is located is designated for commercial zoning in the appropriate, adopted small area plan.

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

Introduction: 1/14/92
First Reading: 1/14/92
Publication: 1/16/92; 1/17/92
Public Hearing: 1/25/92
Second Reading: 1/25/92
Final Passage: 1/25/92
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11. SUPs #2220 and #2218 - Public Hearing and Consideration of a request by DEVELOPMENT RESOURCES, INC. for proposed office building located at 1700 Prince Street, pursuant to Section 7-6-356(a)(1) of the Alexandria City Code, to extend the time of validity of Special Use Permit #2220, (Transition Special Use Permit) and #2218 (Transportation Management Plan) originally approved March 18, 1989, and extended by City Council on June 16, 1990; Applicant: DRI, Inc. by Greg Fazakerley.

(A copy of the City Manager's memorandum dated 1/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Council Member Rich and carried unanimously, City Council extended the time validity of SUP #2220 and #2218 for another 24 months from January 18, 1992, to January 18, 1994. The voting was as follows:

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

12. SUP #2446-A - Public Hearing and Consideration of a review of a Special Use Permit and request to change the hours of operation of the existing automobile upholstery and radio installation business located at 615 South Van Dorn Street, Unit E, within the Van Dorn Station Shopping Center. Applicant: Dong Il Ahn, by Joseph A. Cerroni, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

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

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







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13. TEXT AMENDMENT #92-1 - Public Hearing and Consideration of an amendment to Title 7 (Planning and Development), Chapter 6 (Zoning), Article J (Special Use Permits) of The Code of the City of Alexandria, Virginia, for the purpose of adding a new section to the code requiring the display of special use permit conditions of approval on properties where a special use permit has been approved. Staff: Planning and Community Development Special Projects Division.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

(Councilwoman Pepper made comments on this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the proposed text amendment. City Attorney to prepare the appropriate ordinance. The voting was as follows:

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

14. TEXT AMENDMENT #92-2 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 6, Article B, Section 7-6-17(a)(3) (Rooming Houses), the nature of which would be to shorten the five-year amortization regulation for rooming houses and boarding houses to the most feasible earlier date. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Approval 5-1

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the proposed text amendment. City Attorney to prepare the appropriate ordinance. The voting was as follows:

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







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15. SUP #1421-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership of the existing automobile repair garage located at 3507 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Precision Tune #7203, Power Enterprises Inc., by James B. Powers, president.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations with a change in condition #15 to "signage that meets the approval of the Director of Planning and Community Development". The voting was as follows:

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

16. SUP #1622-A - Public Hearing and Consideration of a request for a Special Use Permit to add seating, change the ownership and amend the hours of operation of the existing carry-out restaurant located at 315 Madison Street; zoned I-1, Industrial. Applicant: Old Town Bakery, by Peter T. Straub, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

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







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17. SUP #1622-B - Public Hearing and Consideration of a request for a Special Use Permit to waive the off-street parking requirement for the proposed restaurant located at 315 Madison Street; zoned I-1, Industrial. Applicant: Old Town Bakery, by Peter T. Straub, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

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

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

18. SUP #2225-A - Public Hearing and Consideration of a request for a Special Use Permit to construct a used car sales office addition to the existing automobile dealership located at 1251 North Quaker Lane and 3410 King Street; zoned C-2, Commercial. Applicant: Lexus of Alexandria, by Lynwood E. Brown, Jr.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Conditions #15 and #16; and the amended Condition #10. The voting was as follows:

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







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19. SUP #2365-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and expand the existing restaurant at 514-A South Van Dorn Street to include 514-B South Van Dorn Street, within the Van Dorn Station Shopping Center; zoned I-1, Industrial. Applicant: Abdennaceur Charouel.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

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

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

20. SUP #2545 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 951 North Fairfax Street; zoned I-2, Industrial. Applicant: Fillmore Inc., by Hassan Banihashemi.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/25/92, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added a condition #10 to read: "that there be a one-year review" and struck from condition #7 the words "or in a dumpster". The voting was as follows:

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

21. SUP #2548 - Public Hearing and Consideration of a request for a Special Use Permit to amend the hours of operation and to add carry-out and delivery service for the existing full-service restaurant located at 1028 King Street; zoned C-3, Commercial. Applicant: King Henry Deli Inc., by John C. Lozinyak.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #10. The voting was as follows:

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

22. SUP #2550 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant located at 450 South Pickett Street; zoned I-1, Industrial. Applicant: Plaza Restaurant Limited Partners, by Mohammad Hamed.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Vice Mayor Cleveland, 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:

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



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23. SUP #2551 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 460-A South Pickett Street; zoned I-1, Industrial. Applicant: Sekander Brothers Inc., by Carlos E. Hernandez.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

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

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

ORDINANCES AND RESOLUTIONS

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE authorizing the sale of bonds in an aggregate principal amount not to exceed fifty million dollars; the proceeds of such bonds to refund existing public improvement and school bonds. (#27 (b) 12/10/91)

(A copy of the City Manager's memorandum dated 12/10/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Vice Mayor Cleveland, 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:

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







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The ordinance finally passed reads as follows:
ORDINANCE NO. 3545

AN ORDINANCE authorizing and empowering the issuance, sale and delivery by the City of Alexandria, Virginia (the "City"), pursuant to Chapter 5.1, Title 15.1 of the Code of Virginia (1989 Replacement Volume and 1991 Cumulative Supplement) (the "Public Finance Act of 1991"), of bonds in an aggregate principal amount not to exceed Fifty Million Dollars ($50,000,000), the proceeds of such bonds to be disbursed for the public purpose of providing funds sufficient to pay principal of, redemption premium, if any, and interest on one or more of the issues of Public Improvement and School Bonds of 1970, dated November 1, 1970, originally issued in the aggregate principal amount of $13,100,000; Public Improvement and School Bonds of 1972, dated July 15, 1972, originally issued in the aggregate principal amount of $16,600,000; Public Improvement and School Bonds of 1974, dated July 1, 1974, originally issued in the aggregate principal amount of $13,820,000; Public Improvement and School Bonds of 1975, dated August 15, 1975, originally issued in the aggregate principal amount of $19,635,000; Public Improvement and School Bonds of 1977, dated March 3, 1977, originally issued in the aggregate principal amount of $14,670,000; Public Improvement and School Bonds of 1979, dated March 1, 1979, originally issued in the aggregate principal amount of $16,235,000; Public Improvement and School Bonds of 1980, dated August 1, 1980, originally issued in the aggregate principal amount of $17,660,000; Public Improvement and School Bonds of 1982, dated November 15,1982, originally issued in the aggregate principal amount of $19,280,000; Public Improvement and School Bonds of 1984, dated April 1, 1984, originally issued in the aggregate principal amount of $18,500,000; Public Improvement and School Bonds of 1986, dated February 1, 1986, originally issued in the aggregate principal amount of $22,000,000; and Public Improvement and School Bonds of 1988, dated February 1, 1988, originally issued in the aggregate principal amount of $10,000,000; at the respective maturity, redemption, or interest payment dates of such outstanding bonds; showing compliance with the limitations on the power of the City to incur indebtedness; electing to issue such bonds pursuant to the Public Finance Act of 1991; determining the method for the sale of such bonds; providing for the form of such bonds; authorizing the City Manager of the City to determine certain details with respect to the sale of such bonds; providing for the levy and collection of all taxes, charges and assessments necessary for the payment of the principal of and interest on such refunding bonds when due; pledging the full faith and credit of the City to the payment of the bonds issued hereunder and the interest thereon, when due; covenanting that the proceeds of such bonds, or any moneys which may be deemed to be proceeds, will not be used in a manner to cause such bonds to be arbitrage bonds; and providing generally for various matters relating to the authorization, issuance, sale and delivery of such bonds.

WHEREAS, it is in the best interest of the City of Alexandria, Virginia to refund certain of its Public Improvement and School Bonds in order to effectuate and accomplish the public purpose of realizing savings to the City in the aggregate cost of debt service on a present value basis; now, therefore,







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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. Chapter 5.1 of Title 15.1 of the Code of Virginia (1989 Replacement Volume and 1991 Cumulative Supplement) (the "Public Finance Act of 1991"), provides that a governing body may elect to issue bonds under the Public Finance Act of 1991 or under its local charter. The City Council of the City of Alexandria, Virginia (the "City Council"), hereby elects to issue its Refunding Bonds (defined herein) under the Public Finance Act of 1991. Any Refunding Bonds issued hereunder are hereby specifically authorized to be, and shall be, issued under the provisions of the Public Finance Act of 1991 without regard to the requirements, restrictions or provisions contained in any charter or local or special act applicable to the City of Alexandria, Virginia (the "City"). The City Council hereby finds and determines that the issuance of refunding bonds pursuant to the terms and requirements of this Ordinance, in order to refund all or a portion of the outstanding principal of, redemption premium, if any, and interest amount of the Refunded Bonds (defined herein) as herein provided, will effectuate and accomplish the public purpose of realizing savings to the City in the aggregate cost of debt service on a present value basis.

Section 2. (a) Pursuant to the authority of the Public Finance Act of 1991 and this Ordinance, Refunding Bonds may be issued in an aggregate principal amount not to exceed the amount necessary to amortize the principal of and premium, if any, and interest on the Refunded Bonds and to pay all expenses reasonably incurred in the issuance of the Refunding Bonds, less the amount then in any sinking, escrow and other funds which is available for the payment of the principal, premium, if any, or interest on the Refunded Bonds. The issuance and sale of the "Consolidated Public Improvement General Obligation Bonds - 1992 Refunding Series" of the City of Alexandria, Virginia, is hereby authorized in an aggregate principal amount not to exceed Fifty Million Dollars ($50,000,000) (the "Refunding Bonds"). The Refunding Bonds are issued for the purpose of refunding some or all of the maturities of the Public Improvement and School Bonds of 1970, dated November 1, 1970, originally issued in the aggregate principal amount of $13,100,000; Public Improvement and School Bonds of 1972, dated July 15, 1972, originally issued in the aggregate principal amount of $16,600,000; Public Improvement and School Bonds of 1974, dated July 1, 1974, originally issued in the aggregate principal amount of $13,820,000; Public Improvement and School Bonds of 1975, dated August 15, 1975, originally issued in the aggregate principal amount of $19,635,000; Public Improvement and School Bonds of 1977, dated March 3, 1977, originally issued in the aggregate principal amount of $14,670,000; Public Improvement and School Bonds of 1979, dated March 1,1979, originally issued in the aggregate principal amount of $16,235,000; Public Improvement and School Bonds of 1980, dated August 1, 1980, originally issued in the aggregate principal amount of $17,660,000; Public Improvement and School Bonds of 1982, dated November 15, 1982, originally issued in the aggregate principal amount of $19,280,000; Public Improvement and School Bonds of 1984, dated April 1, 1984, originally issued in the aggregate principal amount of $18,500,000; Public Improvement and School Bonds of 1986, dated February 1, 1986, originally issued in the aggregate principal amount of $22,000,000; Public Improvement and School Bonds of 1988, dated February 1, 1988, originally issued in the aggregate principal amount of $10,000,000 (collectively, the "Aggregate Outstanding Bonds"). As used in this Ordinance, the term "Refunded Bonds" shall mean the portion or portions of the Aggregate Outstanding Bonds which are being refunded by a series of Refunding Bonds.




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(b) The proceeds of the Refunding Bonds may be used in refunding the Refunded Bonds as (i) the payment of matured or redeemable indebtedness, including any redemption premium, (ii) the payment of unmatured indebtedness, the evidence of which is on deposit with a bank or trust company designated by the City for surrender to the City upon receipt of payment in an amount not exceeding the amount of the indebtedness, (iii) the establishment of an escrow or sinking fund consisting of cash and noncallable obligations of the United States of America or noncallable obligations of the Commonwealth of Virginia in an amount which, together with interest to be earned on such obligations, shall be sufficient to pay all indebtedness to be refunded either at maturity or upon redemption as provided for upon the creation of the escrow or sinking fund, or (d) to pay any and all other costs permitted to be paid from the proceeds of such bonds under the Public Finance Act of 1991, including (without limitation) the costs of issuance of such bonds and applicable underwriting fees.

Section 3. Any escrow or sinking fund established, in whole or in part, from the proceeds of the sale of any Refunding Bonds shall be irrevocably pledged to the payment of the indebtedness at maturity or upon redemption or for the purchase of not less than all of the Refunded Bonds. It is the intent that any escrow or sinking fund established pursuant to this Section shall constitute a special fund for the payment of the Refunded Bonds. Upon the establishment and funding of such escrow or sinking fund, the owners of the Refunded Bonds shall be divested of all rights and security to the Refunded Bonds except the right of payment when due of principal, premium, if any, and interest, which shall be paid solely from the escrow or sinking fund.

Section 4. The Refunding Bonds hereby authorized may be sold at public or private sale and for a price at, above, or below par, plus accrued interest to the date of delivery, as shall be determined in a resolution of the City Council.

Section 5. (a) The Refunding Bonds shall be issuable as registered bonds without coupons in the denomination of five thousand dollars ($5,000) or any multiple thereof within the limits of specified maturities. The Refunding Bonds shall be dated, shall mature at such time or times not exceeding the final maturity year of the Refunded Bonds, shall be subject to redemption or repurchase, shall be in the denomination or denominations, shall be numbered, shall be sold at such price or prices and under such terms and conditions, and shall contain such other provisions, all as determined either in a resolution of the City Council or by the City Manager if authorized by the City Council before issuance of the Refunding Bonds. The Refunding Bonds may bear interest payable at such time or times and at such rate or rates as determined either by a resolution of the City Council or by the City Manager if authorized by the City Council, which determination may be by reference to indices or formulas or by agents designated in a resolution of the City Council or by the City Manager if authorized by the City Council. Interest on the Refunding Bonds shall be payable by checks mailed by the Paying Agent therein named to the registered holder or holders of such bonds or by other means as determined either in a resolution of the City Council or by the City Manager if authorized by the City Council. The principal of the Refunding Bonds shall be payable at the principal office of the Paying Agent or some other place as agreed by the City Manager and the holder or holders of such bonds named in the Refunding Bonds.

(b) Pursuant to Section 8 of this Ordinance, the City Council in a resolution, or the City Manager if authorized by the City Council, shall determine the Refunded Bonds to be refunded with the proceeds of the Refunding Bonds.

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Section 6. For the purpose of paying the principal of and premium, if any, and interest on the Refunding Bonds, the City shall levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon any taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premiums, if any, and interest on the Refunding Bonds and any other outstanding general obligation bonds of the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. The full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to the levy and collection of the taxes hereinabove prescribed as and when such taxes may become necessary in order to provide sufficient funds to meet the debt service requirements of the Refunding Bonds. The City hereby solemnly covenants with each of the holders of any of the Refunding Bonds to levy and collect the taxes hereinabove prescribed and to take all action as may be appropriate from time to time during the period that any of such bonds remain outstanding and unpaid to provide the funds necessary to make the principal and interest payments on such bonds.

Section 7. The aggregate principal amount of the Refunding Bonds authorized to be issued by this Ordinance shall be within every debt limitation prescribed by the Constitution and laws of the Commonwealth of Virginia. Pursuant to the Public Finance Act of 1991, the Refunded Bonds shall not be included in the determination of any limitation upon the amount of indebtedness of the City which is imposed by law.

Section 8. The City Council in a resolution or the City Manager if authorized by the City Council shall take the following actions and make the following commitments on behalf of the City:

(a) sell any series of bonds issued hereunder, upon such terms as deemed to be favorable under the existing market conditions, to any banks, investment banking firms or other financial institutions as, in the judgment of the City Manager, offer to purchase such series of bonds on such terms;

(b) execute and deliver, as a binding and enforceable obligation of the City, an underwriting or purchase agreement for the Refunding Bonds issued hereunder;

(c) fix and determine, subject to the provisions of Section 5 hereof, the date of any such series of Refunding Bonds, the schedule of annual maturities or mandatory sinking fund redemptions of any such series, the amount of any such series, the interest payment dates of any such series, the amounts and particular bonds of the Aggregate Outstanding Bonds to be refunded with the proceeds of any such series, the interest rate or rates to be paid by the City with respect to any such series, the date or dates when such refunding shall be effected, and whether such series is to be issued in book-entry form and, if so, all matters incident to the issuance of such series in book-entry form;

(d) determine whether the principal of the bonds of the Refunded Bonds shall be paid at maturity, at the earliest redemption date pertaining thereto, or at some later redemption date;







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(e) appoint a bank having trust powers, or a trust company, as Paying Agent for any such series of bonds, notwithstanding the fact that such bank or trust company may have neither its principal office nor any branch office within the City or the Commonwealth of Virginia; if it is deemed to be appropriate, appoint a similarly qualified bank or trust company as Alternate Paying Agent; determine the compensation of such Paying Agent and Alternate Paying Agent for the services to be rendered by them; appoint one or more of such banks or trust companies as Bond Registrar; and, if it is deemed to be appropriate, provide for the City to act as Paying Agent or Bond Registrar, or both;

(f) select a trust company or other banking institution as trustee, to hold the trust fund into which the proceeds of the sale of any bonds issued hereunder may be deposited under the Public Finance Act of 1991; determine the terms of any such trust fund, including any terms relating to the payment of costs or the payment of a portion of the interest on such series of Refunding Bonds therefrom; and deliver, as a binding commitment of the City, a trust or escrow agreement, pursuant to which such trust fund is established;

(g) arrange for the preparation and distribution of an appropriate Offering Circular, Official Statement or Official Circular with respect to the sale of any series of Refunding Bonds hereby authorized;

(h) reserve to the City the option to redeem any such series of Refunding Bonds, in whole or in part, at such times and upon payment of such premiums as may be determined to be in the best interest of the City; and

(i) take any and all actions in the manner and to the extent that the City Council or the City Manager, if authorized by the City Council, may deem necessary or appropriate to accomplish the purposes of this Ordinance.

Section 9. (a) In the event that Refunding Bonds are issued hereunder with the expectation that interest on such bonds will be exempt from federal income taxation, the City hereby solemnly covenants with each of the holders of any such bonds that it will not use, or suffer or permit to be used, the proceeds received from sale of the bonds, or any moneys on deposit to the credit of any account of the City which may be deemed to be proceeds of the bonds pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"), and applicable regulations thereunder, which use would cause such bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code and the regulations thereunder. The City further solemnly covenants that it will comply with Section 148 of the Internal Revenue Code and the regulations thereunder which are applicable to the bonds on the date of issuance of the bonds and which may subsequently lawfully be made applicable to the Bonds. The City Manager and the Director of Finance of the City (the "Director of Finance") are hereby authorized and directed to prepare or cause to be prepared and to execute any certification, opinion or other document which may be required to assure that the bonds will not be deemed to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code and the regulations thereunder.







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(b) In the event that bonds are issued hereunder with the expectation that interest on such bonds will be exempt from federal income taxation, the City Manager may make such covenants or agreements in connection with the issuance of such bonds as she shall deem advisable in order to assure the holders of such bonds that interest thereon shall be and remain exempt from federal income taxation, and such covenants or agreements shall be binding on the City so long as the observance by the City of any such covenants or agreements is necessary in connection with the maintenance of the exemption from federal income taxation of the interest on such bonds. The foregoing covenants and agreements may include such covenants or agreements on behalf of the City regarding compliance with the Internal Revenue Code as the City Manager shall deem advisable in order to assure the holders of such bonds that the interest thereon shall be and remain exempt from federal income taxation, including (without limitation) covenants or agreements relating to the investment of bond proceeds, the rebate of certain earnings resulting from such investment to the United States (or the payment of penalties in lieu thereof), limitations on the times within which, and the purposes for which, bond proceeds may be expended, and the utilization of specified procedures for accounting for and segregating bond proceeds. Any covenant or agreement made by the City Manager pursuant to this section shall be set forth in or authorized in a writing executed by the City Manager.

Section 10. (a) The Refunding Bonds to be issued pursuant to the authority of this Ordinance shall be executed on behalf of the City by the facsimile signature of the Mayor of the City (the "Mayor") and a facsimile of the seal of the City shall be imprinted thereon, attested by the facsimile signature of the City Clerk. Each such bond shall be authenticated by the signature of an agent of the City. No bonds issued hereunder shall be valid for any purpose or constitute an obligation of the City unless so authenticated.

(b) The Refunding Bonds shall be in the form set forth in Attachment A, which attachment is attached to and made a part of this Ordinance, and bonds issued substantially in compliance with such form, with appropriate insertions as therein indicated, when properly executed and authenticated as described above, shall be deemed to constitute unconditional general obligations of the City, to the payment of which, in accordance with the terms thereof, its full faith and credit are pledged, and all the covenants and conditions contained in such bonds shall be deemed to be binding upon the City in accordance therewith.

(c) In the event that any official of the City, whose signature shall appear on any such bonds, shall either cease to be such official prior to the delivery of such bonds or take office subsequent to the date of issue of any such bonds, his signature, in either event, shall nevertheless be valid for the purposes herein intended.

(d) There may be printed on the reverse side of each series of bonds issued hereunder, the text of the applicable approving legal opinion with respect thereto, such text being duly certified by the facsimile signature of the Mayor.







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(e) Authority is hereby conferred on the City Manager to fill in the blanks in the form set forth in Attachment A with the required information, to insert applicable paragraphs as indicated and to make such additions, deletions, modifications and substitutions in such form, not inconsistent herewith, as may be necessary or desirable in the sale of the Refunding Bonds, including (without limitation) variations deemed appropriate by the City Manager in the event such series is issued in book-entry form or with mandatory sinking fund payments. Execution of a completed form by the Mayor shall indicate the Mayor's approval of the contents of the completed form.

Section 11. The City is hereby authorized to purchase Refunded Bonds in the open market from time to time when there is available in the escrow or sinking fund for the payment of the Refunded Bonds a surplus in an amount greater than $50,000.

Section 12. The Director of Finance of the City shall mail or cause to be mailed to the State Treasurer promptly after the issuance of the Refunding Bonds (i) a copy of any report concerning the issuance of the Refunding Bonds required to be filed with the United States Internal Revenue Service and (ii) such other reports as shall be prescribed by the State Treasurer.

Section 13. If any one or more of the provisions of this Ordinance, including any covenants or agreements provided herein on the part of the City to be performed, should be contrary to law, then such provision or provisions shall be null and void and shall in no way affect the validity of the other provisions of this Ordinance or the validity of the bonds.

Section 14. The City Council may by resolution authorize any actions that may be taken pursuant to the Public Finance Act of 1991 that it may deem appropriate or necessary to carry out the purposes of this Ordinance.

Section 15. This Ordinance shall become effective upon the date and at the time of its final passage and shall not be subject to referendum.

Introduction: December 10, 1991
First Reading: December 10, 1991
Publication: December 12, 1991; December 13, 1991;
December 19, 1991; December 20, 1991
Public Hearing: January 25, 1992
Second Reading: January 25, 1992
Final Passage: January 25, 1992

(A copy of Attachment A to Ordinance No. 3545 is on file in the office of the City Clerk and Clerk and Clerk of Council, marked Exhibit No. 2 of Item NO. 24; 1/25/92, and is incorporated herewith as part of this record by reference.)







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25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend and reordain the 1974 Adopted Consolidated Master Plan of the City of Alexandria, Virginia, as amended, by adopting and incorporating therein the Old Town North Small Area Plan, and to repeal all provisions of the said 1974 Adopted Consolidated Master Plan of the City of Alexandria, Virginia, as may be inconsistent with said Small Area Plan. (#21 1/14/92)

(A copy of the City Manager's memorandum dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 1/25/92, 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 on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading, on the condition that if the language suggested by Mr. Quill is not in the ordinance Council authorized it to be amended to include the language. The voting was as follows:

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

(A copy of ordinance No. 3553 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 1/25/92, and is incorporated herewith as part of this record by reference.)

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend and reordain the Several Small Area Plans of the City of Alexandria, Virginia, Master Plan, by adopting and incorporating therein the amendments heretofore approved by City Council to such Small Area Plans, and no other amendments, and to repeal all provisions of the said Small Area Plans as may be inconsistent with such amendments. (#22 1/14/92)

(A copy of the City Manager's memorandum dated 1/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 1/25/92, and is incorporated herewith as part of this record by reference.)

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

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

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

(A copy of Ordinance No. 3554 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 1/25/92, and is incorporated herewith as part of this record by reference.)







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27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Title 7, Chapter 6, Article M, Old and Historic District, of the Code of the City of Alexandria, Virginia, the nature of which would be to extend the additional building review standards recently adopted for that portion of Washington Street in the Old Town North Small Area Plan to apply along all of Washington Street. (#23 1/14/92)

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 Vice Mayor Cleveland 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" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3555

AN ORDINANCE to amend and reordain subsubsection (1) of subsection (c) (ADDITIONAL STANDARDS FOR THE WASHINGTON STREET CORRIDOR), Section 7-6-229 (MATTERS TO BE CONSIDERED IN PASSING UPON APPROPRIATENESS OF ERECTION, RECONSTRUCTION, ALTERATION OR RESTORATION OF BUILDINGS OR STRUCTURES IN THE OLD AND HISTORIC DISTRICT), Article M (OLD AND HISTORIC ALEXANDRIA DISTRICT; PARKER-GRAY DISTRICT), Chapter 6 (ZONING), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

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

1. The further proliferation of monolithic buildings along Washington Street is incompatible with the character of the George Washington Memorial Parkway.

2. Development and redevelopment along Washington Street should reflect the traditional commercial or residential architectural scale and design common to the city's historic district.

3. Specific standards for construction and development along the North Washington Street corridor have heretofore been adopted, and it is fit and proper that those standards be extended to apply for the entire length of Washington Street.

4. Based upon the foregoing findings and all other facts and circumstances of which the City Council may properly take notice in its capacity as the legislative body of the City of Alexandria, adoption of this ordinance is necessary and desirable to protect the public health, safety and general welfare; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsubsection (1), subsection (c) of Section 7-6-229 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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(c) (1) In addition to the standards set forth in subsection (b), the following standards shall apply to the construction of new buildings and structures and to the construction of additions to buildings or structures on lots fronting on both sides of Washington Street from the southern city limit line north to the northern city limit line.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for a certificate of appropriateness which are pending on such date before the Board of Architectural Review, City Council on appeal, or the Alexandria Circuit Court and to all applications for a certificate of appropriateness, including renewal or extension applications, which may be filed after such date.

Introduction: 1/14/92
First Reading: 1/14/92
Publication: 1/16/92; 1/17/92
Public Hearing: 1/25/92
Second Reading: 1/25/92
Final Passage: 1/25/92

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to establish a five-member standing committee to be known as the USS Alexandria Liaison Committee. (#25 1/14/92)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a 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" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
ORDINANCE NO. 3556

AN ORDINANCE to amend and reordain Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Article F to establish a standing committee known as the USS ALEXANDRIA LIAISON COMMITTEE.

WHEREAS, city council established the Ad Hoc USS Alexandria Commissioning Committee ("ad hoc committee") in October 1988, to plan the city's participation in the commissioning of the USS Alexandria (SSN 757) after the U.S. Navy announced it would be naming a new nuclear submarine after the cities of Alexandria, Virginia, and Alexandria, Louisiana; and

WHEREAS, the ad hoc committee's goal was to raise funds for the commissioning of the USS Alexandria and to build a strong bond between the USS Alexandria's crew and families and the citizens of Alexandria; and




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WHEREAS, the ad hoc committee completed its goal with the June 1991 commissioning of the submarine and has recommended to city council that a standing committee be established to maintain a long-term relationship between the crew and families of the USS Alexandria and the citizens of Alexandria; and

WHEREAS, the city manager has concurred in the recommendations of the ad hoc committee; and

WHEREAS, on December 10, 1991, city council voted to adopt those recommendations; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 4, Title 2 of The Code of the City of Alexandria, 1981, as amended, be and the same hereby is amended by adding thereto a new Article F to read as follows:
ARTICLE F
USS Alexandria Liaison Committee
Sec. 2-4-61 Creation, composition and organization.
(a) There is hereby established a standing committee known as the USS Alexandria Liaison Committee.

(b) The committee shall consist of five (5) members to be appointed by the city council. The composition of the committee shall be as follows:

(1) One (1) representative from the Alexandria Chamber of Commerce;

(2) one (1) representative from the Alexandria Federation of Civic Associations;

(3) one (1) representative from the U.S. Navy League; and

(4) two (2) citizen-at-large members.

(c) Members of the committee shall be appointed in the manner prescribed in Title 2, Chapter 4, Article A of the city code; provided, however, that members who are the representative of an organization shall be nominated by the organization and confirmed by city council. The members shall serve for a term of three years; provided, however that of the members first appointed, one shall be appointed for a term of one year, two shall be appointed for terms of two years, and two shall be appointed for terms of three years.

Sec. 2-4-62 Functions; powers; duties.

(1) To maintain a strong long-term relationship between the City of Alexandria and the crew and families of the USS Alexandria, including but not limited to sponsorship of visits to Alexandria by the crew and their families; and

(2) to provide ongoing financial support to the submarine's crew.

(b) The unexpended funds of the Ad Hoc USS Alexandria Liaison Committee shall be transferred to a new account established with the city for the USS Alexandria Liaison Committee. The committee shall use the funds transferred to it from the Ad Hoc USS Alexandria Commissioning Committee and any future contributed funds for the benefit of the crew of the USS Alexandria.

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(c) The committee shall submit an annual report to city council explaining what it has accomplished during the year and an accounting of any funds it has expended with a detailed description of the purpose for which the funds were expended.

(d) Notwithstanding the provisions of Section 2-4-9, the executive secretary shall provide no administrative or clerical assistance or resources to the committee.

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

Introduction: 1/14/92
First Reading: 1/14/92
Publication: 1/16/92; 1/17/92
Public Hearing: 1/25/92
Second Reading: 1/25/92
Final Passage: 1/25/92

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
CONSENT CALENDAR 30 - 33
30. SUP #1211-A - Public Hearing and Consideration of a request for a Special Use Permit to continue a non-conforming commercial use (office and beauty shop) located at 300 North Fayette Street; zoned RB, Residential. Applicant: Calhoun and Associates/Rufus C. Moore, et ux, by Wilson Thompson.

31. SUP #2431-C - Public Hearing and Consideration of a request for a Special Use Permit to amend the hours of operation of the existing restaurant located at 1603 Commonwealth Avenue, known as the "Del Ray Cafe"; zoned C-1, Commercial. Applicant: Bruce Betzel, t/a Del Ray Cafe Inc.

32. SUP #2494-B - Public Hearing and Consideration of a request for a Special Use Permit to add seating and prepare food on-site at the existing restaurant (banquet hall) located at 222 North Lee Street; zoned I-1, Industrial. Applicant: Dinnertainment Limited, by Ronald C. Trotta.







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33. SUP #2546 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 3945 Wheeler Avenue; zoned I-1, Industrial. Applicant: N.T. Auto Body Inc., by Nerses Tikoyan.

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

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, at 3:43 p.m., the Public Hearing Meeting of January 25, 1992, was adjourned. The voting was as follows:

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





ATTEST:


____________________________
Beverly I. Jett, CMC City Clerk







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This docket is subject to change.

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