Meeting Minutes for Public Hearing Meeting (11/16/1991)

Public Hearing Meeting
Saturday, November 16, 1991 - - 9:30 am

* * * * *

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. Gitajn, Director of Financial and Information Services; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Davis, Director of Housing; Mr. Cyphers, Director of Human Services; Ms. Boyd, Director of Citizen Assistance; Mr. Lynn, Director of Planning and Community Development; Mr. Fertig, Director of Personnel; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Brannan, Assistant City Manager; Mr. Platky, Director of Management and Budget; Ms. Marczak, Deputy Director of Management and Budget; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Grisar, Consumer Affairs Administrator; Mr. Neckel, Director of Finance; Mr. Kloch, Commonwealth's Attorney; Sheriff Dunning; Fire Chief Beam; Fire Marshal Connor; Ms. Whiddon, of the Office of Housing; and Sgt. Clancey, 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.

Public Discussion Period

(a) Sandra D. Scott, 5420 Richenbacher Avenue, #302, representing the Tenants Support Committee, thanked the City for the $15,000 grant for a feasibility study. She indicated that they have concerns about the 75 to 100 homeless people in Arlandria. She asked if the City could provide vans for some of the homeless people to get to Carpenter's Shelter and indicated that some are just afraid to go there to get help.

The City Manager stated that there are both Carpenter's Shelter as well as the City's Shelter. She requested Ms. Scott to give the names and phone numbers to Rose Boyd as the City does have outreach into the community and would be glad to make arrangements for them to get to either shelter.

Vice Mayor Cleveland suggested that they should come to the Arlandria Work Group because they do probably have vehicles available in working with all of the people within the community.

Ms. Scott indicated that they would like a grant to buy a co-op so that citizens can have a chance to own their own units and keep it properly maintained.

The City Manager stated that this is an issue that has been discussed at the Arlandria Work Group and she believes that there are grant funds that the Office of Housing has obtained that would be eligible for this. They are waiting for the proposal to come in and the Housing staff is interested in working with them in helping to put it together and to review it.

Ms. Scott indicated that the Tenants Support Committee would like to keep the line of communication open with the City so that they can work together.

(b) James Graham, 728 King Street, spoke in favor of the Cameron/Columbus Street Parking Garage.

(c) Rod Kuckro, 209 E. Alexandria Avenue, president, Del Ray Citizens Association, spoke on behalf of the Association indicating that they are opposed to the proposal that has been discussed concerning the $140 fee which might be imposed on homeowners for the collection of trash. The Association requested that this option be set aside. They suggested that the City abandon giving a rebate for a City service to one class of taxpayers, namely condominium owners. The Association voted to support a tax increase as an alternative, if needed.

Members of City Council participated in the discussion and indicated that no decisions have been made and will be considered in the deliberations on the upcoming budget. The City staff and BFAAC are to take a look at all of the alternatives before the Council makes a decision on it.

(d) John Chapman Gager, representing the Old Town Yacht Basin Associates, spoke during this period.

New Business Item No. 1: Mayor Ticer welcomed Girl Scout Troop 357 and introduced the Troop's Leader, Eva Donley.

WITHOUT OBJECTION, Mayor Ticer made the announcement that Item Nos. 14 and 23 have been deferred. Please see pages 14 and 19 for the items.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

3. Public Hearing and Consideration of Whether to Change the Old Town Small Area Plan with Respect to Policies Limiting New Restaurants in Old Town East of Washington Street. (Councilman Speck) (#24 11/12/91)

(A copy of the City Manager's memorandum 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. 3; 11/16/91, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 3; 11/16/91, and is incorporated herewith as part of this record by reference.)

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

Rex Wagner, 101 N. Union Street, representing the Chamber of Commerce, the Old Town Business Association, and Eljos, of which he is the owner, spoke in favor of a change;

Norma Dempsey, 214 Prince Street, spoke against a change in the small area plan and expressed concerns about the parking problem;

Jeffrey Myers-Hayer, 117 Duke Street, spoke against a change in the small area plan and stated concerns about the parking problem;

Robert Dempsey, 214 Prince Street, spoke against a change in the small area plan until the off-street parking issue is addressed;

M. Gene Gilliland, 400 S. Lee Street, spoke against a change in the small area plan until such time that the issue of parking is addressed;

Charles Schotta, 104 Prince Street, spoke against a change in the small area plan and suggested resident-only parking after a specific time;

George Ellmore, 1740 Dogwood Drive, indicated that the restaurateurs and merchants are also concerned and suggested that the citizens and they sit down together and work on the problem to reach an amiable solution;

Suzanne Quinlaw 123 Prince Street, spoke against any new restaurants until residential parking problems are solved;

William Kuehnle, 529 S. Lee Street, representing the Old Town Civic Association, spoke against a change in the small area plan;

Carol Anderson, 313 Wolfe Street, spoke against any changes to the small area plan until the parking problem is addressed;

James Graham, 305 S. Royal Street, spoke to the issue of parking;

John J. Patrick, 13A E. Oak Street, representing the Federation of Civic Associations, stated that it is its position by a vote of the Federation Board that the small area plans should really be respected and not treated on an ad hoc basis. He also spoke as president of the Rosemont Citizens Association and indicated that its board also voted and is concerned about the sanctity of the small area plans;

Michael J. Duff, 212 Prince Street, spoke against any change in the small area plan and expressed concerns about parking;

Curtiss Martin, 118 Prince Street, spoke against a change in the small area plan and encouraged resident-only parking;

Wayne Fisher, 127 Prince Street, spoke in support of resident-only parking;

Joanne Goldfard, 319 Prince Street, spoke against any change in the small area plan until the parking issue is addressed;

Susan Horne Quatannens, 212 Wolfe Street, spoke against any change in the small area plan until the issue of resident-only parking has been settled;

G. Todd, 512 Duke Street, spoke against changing the small area plan; and

Donald Walls, 911 Cameron Street, spoke to the issues of parking.

It was noted that the public hearing was closed.

There was considerable discussion on this issue by the Members of City Council, Mr. Lynn, Director of Planning and Community Development, Mr. O'Kane, Director of Transportation and Environmental Services, Ms. Evans, Assistant City Manager, the City Attorney, and the City Manager.

Council Member Rich suggested that staff begin taking 2 or 3 streets north and south of the Cameron/King Street corridor and making those residential only between 6:00 p.m. and MIDNIGHT, and with a view toward it that if six months from now the streets that are still further north and south still have significant problems from people who still cannot find the parking garages then we can add a few more streets and go at it incrementally that way.

The Mayor requested some information on how resident-only parking is working in Cambridge, Massachusetts and Arlington, Virginia.

The City Attorney will take a look at the legal ramifications of such a proposal.

Staff indicated that the issue can go to the Planning Commission as a package and then whatever comes out of that meeting take it to the Traffic and Parking Board, if necessary, and bring it forward to City Council as soon as possible, probably February.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council referred the matter that is actually on the table to the Planning Commission for dealing with the definition of restaurant; that we direct them, at the same time, to come back to us with a proposal for "resident-only parking" at least between 6:00 p.m. and MIDNIGHT, if not, some other times, on those streets which are close to King and Cameron Streets; and directed the Planning staff to indicate that it is, at least, the temporary policy of City Council to defer applications for restaurants in the Old Town area. The voting was as follows:

WITHOUT OBJECTION, at 12:30 p.m., City Council recessed for lunch.

Whereupon, at 1:15 p.m., City Council reconvened the meeting and the following transpired:

4 Public Hearing and Consideration of Report on Proposed Federal Police Bill of Rights Legislation. (Council Member Rich) (#23 11/12/91)

(A copy of the City Manager's memorandum 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. 4; 11/16/91, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 4; 11/16/91, and are incorporated herewith as part of this record by reference.)

(Council Member Rich stated for the record that a question has been raised and he would add, a legitimate question, as to whether or not because his law firm has represented the Sheriff's Office, whether or not he ought to participate and vote on this particular matter. He was aware of the question and he spoke with both the City Attorney's Office and the Commonwealth's Attorney Office and sought their advice as to whether or not it was appropriate for him to participate in this. They have both assured him orally that it is. It has been indicated that the relationship between this Policemen's Bill of Rights and the Sheriff's Office, or at least Council's action with regard to making a recommendation to Congress is so attenuated that his participation would not be precluded by the act. He thinks he can fairly and objectively look at this and deal with it in that way and he does intend to participate and vote.)

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

Chris Strope, 3816 Chanel Road, Annandale, VA, president of the Arlington County Police Union and president of the Virginia Coalition of Police AFL-CIO, spoke on behalf of the police officers throughout the State of Virginia in support of Congressman Moran's Bill;

Michael Garbarino, 4015 Chain Bridge Road, Fairfax, VA, vice president of the Fairfax Coalition of Police Local 5000, spoke in support of Congressman Moran's Bill;

Larry Agne, 2003 Mill Road, president of the Alexandria Police Association, stated that the State of Virginia has a Police Officer's Bill of Rights which they fall under and the City has probably one of the best grievance procedures in the nation and the Association doesn't feel that the City Council should support the Federal Police Bill of Rights;

Otis Price, 5043-A Backlick Road, Annandale, VA, representing the 8th and 10th Districts of COPE of AFL-CIO, spoke in support of Congressman Moran's Bill;

Nancy Lutz, 7428 Axton Street, Springfield, VA, representing VCOP Local 5000, spoke in support of Congressman Moran's Bill;

Richard A. Estes, 2003 Mill Road, representing the Alexandria Committee of Police Local 5, stated that this matter should be tabled and no action taken;

Robert B. Kliesment, 1016 Duke Street, president of the International Union of Police Associations AFL-CIO, spoke in support of Congressman Moran's Bill;

Michael Leibig, 1016 Duke Street, representing Alexandria COPS; AFSCME; AFL-CIO; and IUPA, participated in the discussion on this item indicating that Council's taking any position about this does damage to anything on which they have been working. He answered questions asked by Members of Council;

(A copy of materials submitted by Mr. Leibig is on file in the office of the City Clerk as part of Exhibit No. 2 of this item.)

Frank Shafroth, 410 Virginia Avenue, spoke in support of Chief Samarra's position paper; and

John Chapman Gager spoke on this item and was escorted from the Chamber since his remarks were not germane.

There was considerable discussion on this item by the Members of City Council, Ms. Evans, Assistant City Manager, the City Manager, Captain Levesque who read a statement by Chief Samarra, Sergeant Clancey of the Police Department, and Mr. Fertig, Personnel Director.)

WHEREUPON, a motion was made by Council Member Rich, seconded by Mayor Ticer that City Council oppose the Biden Bill and suggest that the matter be restudied.

THEREUPON, a substitute motion was made by Vice Mayor Cleveland and seconded by Councilwoman Pepper that City Council table this matter.

(Council Member Rich asked the Members of Council who are in favor of wanting to table it to permit him to speak in favor of his motion.

The City Attorney explained that the procedural provisions in the City Code provide that whenever a motion is under discussion and once that motion has been decided, other motions may be made. One of those other motions that may be made is the motion to table. The Code provides that when a motion to table has been made then that motion is to come up for a vote without any debate.

Council Member Rich indicated that he assumed that that could be waived WITH NO OBJECTION. He indicated that he would at least like to have the opportunity to speak.

The City Attorney indicated it could if there was unanimous consent.

WITH UNANIMOUS CONSENT,

Vice Mayor Cleveland also spoke to the issue.)

WHEREUPON, City Council returned to the substitute motion made by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council tabled this matter. The voting was as follows:

5 Public Hearing of the Proposed Legislative Package for the 1992 Virginia General Assembly. (#34 10/22/91)

(A copy of the City Attorney's legislative package dated 10/24/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 11/16/91, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 5; 11/16/91, and are incorporated herewith as part of this record by reference.)

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

Herve Aitken, 909 Princess Street, speaking on behalf of himself and Peter Straub, spoke in support of the elected school board option;

Emmitt Carlton, 3110 Mt. Vernon Avenue, representing the Alexandria NAACP, expressed that its key concern is minority participation and leadership in the Alexandria School Board and spoke against changing the system of selection;

Lottie Sneed, 2525 Mt. Vernon Avenue, representing the Women's Caucus, spoke in regard to its priority list of issues which include family leave, safety use regarding the use of video display terminals, eldercare issues and part-time employees' inability to participate in the City's retirement plan and urged the City Council to include a recommendation for part-time employees to participate in the State's retirement plan in the legislative package;

Joseph Wetz, 485 N. Pickett Street, spoke in favor of an elected school board;

G. Barton Middleton, 504 High Street, president of the Alexandria Chamber of Commerce, spoke in support of the local option on elected school boards and would not favor an elected board that does not also have taxing authority;

Rod Kuckro, 209 E. Alexandria Avenue, speaking on behalf of the Del Ray Citizens Association, urged City Council to provide for a local option on elected school boards;

W. Michael Holm, 445 Old Town Court, vice chairman for government relations for the Chamber of Commerce, made general remarks to the legislative package in support of #17, #10, #11, #1, #2, #5, #6 to include a slot for the Chamber of Commerce or business community, and #13 is a good idea but needs additional study as to where they might be housed. He indicated they have a problem with #3 because they think the full value of assessment is too high. With respect to #4, they are concerned that going beyond the State Building Code is an invitation to over zealous enforcement. With respect to #8, they are concerned that with regard to determining when someone may get a license as well as the issue of fortified wine (#9), because they feel that a large number of people would be punished for the sins of a few. He stated that the Chamber's position on #18 is that it is not justified. In regard to #19, the Chamber does not see that that is a major problem and is not necessary. Finally, with respect to #16, he stated that the Chamber is very concerned that the adoption of this type of plan would have a devastating effect on attracting business to Alexandria;

Councilman Donley stated that he is sorry that the Chamber does not agree with Items #8 and #9 relating to alcohol. He stated for the record that #8 is an attempt to have the ABC Board do its job and that is to tighten its jurisdiction over the issuance of ABC licenses as well as the revocation of such licenses to avoid problems that exist currently in this City and in other localities in the State. Such as in the Mt. Vernon Avenue area, where we have a purveyor of single beers and fortified wines located right across the street from the school that has a serious impact. What Council is asking, upon good showing that there is an adverse impact on a school or a residential area, that that license be restricted in such a manner to preclude the sale of single beers and fortified wines. Likewise, #9 redefines the word wine in the Virginia State Code so that it would be treated similarly to distilled alcoholic beverages such as scotch, bourbon, or gin and that these beverages and fortified wines, would be sold in ABC stores where they rightfully should be sold and not at 7-11s and other convenience stores. These are beverages that are twenty-one percent alcohol by volume and again Council is asking that the Virginia ABC Control Board do its job. They should not only be in charge of the sale of these particular beverages just like they are of scotch and wine and other types of distilled liquors, that they also control, at least to some degree, the manner in which they are sold and not to intoxicated individuals. Certainly, that does, in fact, occur in some areas of Alexandria. These are good public policy and public safety items. He is sorry that the Chamber chose not to endorse them.

Harlow T. Munson, 2415 Ridge Road Drive, representing the North Ridge Citizens Association, stated that the board of the North Ridge Citizens Association has voted unanimously to support the local option for an elected school board;

Robert Dempsey, 214 Prince Street, spoke on behalf of the Alexandria Federation of Civic Associations, stated that the federation voted to support the NAACP's concerns;

Bernard Berne, 4316 N. Carlin Springs Road, #26, Arlington, VA, spoke in support of adding to the legislative package the issue of protecting the Abingdon ruins located at Washington National Airport; and

WITHOUT OBJECTION

Members of City Council and the City Attorney participated in the discussion of this item.)

It was noted that the Public Hearing was concluded on this item.

City Council will take formal action on this package on Tuesday, November 26, 1991, after the meeting with the Legislative Delegation.

6. Public Hearing on the City of Alexandria 1991 Annual Report. (#5 10/8/91)

(A copy of the Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/16/91, and is incorporated herewith as part of this record by reference.

A copy of the report of the Budget and Fiscal Affairs Advisory Committee on the 1991 Annual Report dated 11/16/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 6; 11/16/91, and is incorporated herewith as part of this record by reference.)

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

Georgia Cannady, 1103 Dartmouth Road, president of the Alexandria League of Women Voters, spoke on this item.

A copy of Ms. Cannady's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 6; 11/16/91, and is incorporated herewith as part of this record by reference.)

NOTE: WITHOUT OBJECTION, after the discussion of Item No. 7, City Council granted permission to John B. Hill, 308 Rucker Place, chair of the Budget and Fiscal Affairs Advisory Committee, to speak on Item No. 6. He presented the report of the Committee which is marked Exhibit No. 2 of this item.

It was noted that the public hearing was concluded on this.

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Report. The voting was as follows:

7. Public Hearing and Consideration of a Resolution Regarding Federal Income Tax Policy Relating to Employer-Provided Parking. (Council Member Rich) (#35 10/22/91)

(A copy of the City Manager's memorandum dated 11/13/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/16/91, and is incorporated herewith as part of this record by reference.)

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

Georgia Cannady, 1103 Dartmouth Road, president of the Alexandria League of Women Voters, spoke in support of this resolution;

A copy of Ms. Cannady's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 11/16/91, and is incorporated herewith as part of this record by reference.

Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this item;

G. Barton Middleton, 504 High Street, president of the Alexandria Chamber of Commerce, spoke against this resolution; and

Marilyn Doherty, 12 W. Mt. Ida Avenue, president of No Gridlock!!, spoke in support of this resolution.

Members of City Council participated in the discussion of this item.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-1, City Council adopted the resolution. The voting was as follows:

The resolution reads as follows:

RESOLUTION NO. 1564

WHEREAS, Federal income tax regulations allow employer-provided parking to be declared tax-deductible to the employer and a free benefit to the employee, while employer-subsidized transit fares, above $21 per month, are not tax-deductible for the employer and are considered as income to the employee; and

WHEREAS, this policy serves to increase the number of single-occupant vehicles (SOVs) because it is a disincentive to employees to commute on mass transit, and to employers to subsidize transit passes; and

WHEREAS, the City of Alexandria supports a substantial mass transit network that includes DASH, Metrobus, and Metrorail service City-wide; and

WHEREAS, the City encourages its own employees to commute on mass transit by providing the maximum tax-free subsidy ($21 per month) allowable for transit passes; and

WHEREAS, according to a recent Metropolitan Washington Council of Government's study, Washington area employers subsidize approximately $1,000,000 worth of free or discounted parking daily to employees. This amounts to about $240 million annually.

WHEREAS, the City recommends that this inequity in Federal income tax policy be eliminated.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ALEXANDRIA, VIRGINIA

That the City Council supports changing the Federal income tax policy to allow employer-subsidized transit fares, regardless of the amount, to be tax-deductible for the employer and not be considered income to the employee and that employer-provided parking be treated as income to the employee and as non-tax-deductible to the employer. This change would not be recommended to apply to parking for carpools and vanpools.

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the City's Congressional delegation.

8. Public Hearing and Consideration on the Gypsy Moth Program for the City of Alexandria.

(A copy of the City Manager's memorandum dated 11/6/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/16/91, and is incorporated herewith as part of this record by reference.)

(The following person spoke in support of this item:

Earl Cobey, 3503 Halcyon Drive, representing the Gypsy Moth Committee and the Beautification Commission.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the City Manager's recommendation and approved a 1992 gypsy moth suppression program as recommended by the Gypsy Moth Advisory Committee, with the following components: (1) declaration that the aerial and ground spray programs are to be voluntary, that a 200-foot buffer zone will be maintained around the property of any objector, and that ground spraying will be provided for those desiring their properties to be treated within the buffer areas surrounding objectors and in other locations specified by the City Arborist; (2) authorization for the City Manager to enter into an agreement with a private contractor for the ground spray application of Bacillus thuringiensis (B.t.), a naturally occurring bacteria which when ingested by the gypsy moth caterpillar prevents further development, in areas to be specified by the City Arborist; (3) aerial spraying of the areas depicted in Attachment 1 to the report with B.t. in cooperation with the Virginia Department of Agriculture and Consumer Services (VDACS); and (4) implementation of other gypsy moth suppression measures to include the release of parasites, and the distribution of burlap banding and educational materials in cooperation with VDACS. The voting was as follows:

9. Public Hearing and Consideration on a Request for Overhead Utilities Variance at 203 Summers Drive. (#17 11/12/91)

(A copy of the City Manager's memorandum dated 11/13/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/16/91, 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.

(Councilman Speck requested Mr. O'Kane to speak to the issue that was raised concerning contributions to the City's General Expenses when waivers are granted.

Mr. O'Kane, Director of Transportation and Environmental Services, stated that he has talked with the City Attorney and indicated that there is a possibility to do that if Council would like staff to negotiate the waivers when they come forward.

The City Attorney stated that he would like to think about it a little bit and if the City is going to do it, he would recommend that it become part of the ordinance. The ordinance now provides nothing as to anything at all that is to be given in return to the waiver. If it can be framed in a way that it is cost related, in other words, there is ultimately going to be a cost to the City that is now being deferred, then maybe the City can do something.

The Mayor stated that we do need a uniform policy.

Councilman Speck asked that the City proceed with some consideration of that as the number of these requests are going to increase. He stated that he feels it is appropriate that when Council grant waivers to determine whether there is the opportunity to contribute to the City's general cost.

Mr. O'Kane stated that where the City has active projects the City is fairly successful in getting a contribution from developers or property owners when they come in. This issue would just be expanding the undergrounding ordinance to include contributions to the general undergrounding projects.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council granted a waiver to the utility undergrounding requirement. The voting was as follows:

10. Public Hearing and Consideration on a Request for Overhead Utilities Variance for the 300 Block of Kentucky Avenue. (#18 11/12/91)

(A copy of the City Manager's memorandum dated 11/13/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/16/91, and is incorporated herewith as part of this record by reference.)

(John Rasmus, 303 Kentucky Avenue, was available to answer questions.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the City Manager's recommendation and approved the request for a waiver of the utility undergrounding requirements because it involves the addition of street lights to enhance public safety. According to the Arborist, undergrounding of the wires would result in damage to the three trees near the new lights. The voting was as follows:

11. Public Hearing on an Appeal of the Traffic and Parking Board's Approval on the Installation of Three-Way Stop Signs at the Intersection of Cameron and North Payne Streets. (#19 11/12/91)

(A copy of the City Manager's memorandum dated 11/13/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Mayor Ticer stated that Ms. Boggs was called out of town and was not able to be here to testify. Ms. Boggs requested that it be indicated for the record that she was in favor of the stop signs.

Councilman Speck suggested that this item be deferred because this issue was precipitated by the citizens' group in that area that signed a petition and for whatever reason Ms. Boggs is unable to be here.

Mr. O'Kane, Director of Transportation and Environmental Services, will contact Ms. Michelle Boggs of the deferral.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council deferred the public hearing on this item to November 26, 1991. The voting was as follows:

Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
12. SUPs #2379, #2380 - Public Hearing and Consideration of a request by Indian Creek Company and BOAT OWNERS ASSOCIATION OF THE UNITED STATES by Henry A. Thomas pursuant to section 7-6-356(a)(1) of the Alexandria City Code, to extend the time of validity of Special Use Permit #2379 (Transition Use Permit) and Special Use Permit #2380 (Transportation Management Plan) approved May 12, 1990; applicant Indian Creek Company and BOAT OWNERS ASSOCIATION OF THE UNITED STATES, by Henry A. Thomas, attorney.

(A copy of the City Manager's memorandum dated 11/13/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Duncan W. Blair, P. 0. Box 820, Alexandria, attorney representing the applicant, was available to answer questions.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 5-to-0, City Council approved the City Manager's recommendation that the time validity of SUP #2379 and SUP #2380 be extended for another 18 months from November 12, 1991, to May 12, 1993. The voting was as follows:

13. SUPs #2352, #2353 - Public Hearing and Consideration of a request by A. Eugene Thomas, the owner and developer of Royal Street Plaza by Duncan W. Blair, pursuant to section 7-6-356(a)(1) of the Alexandria City Code to extend the time of validity of Special Use Permit #2352 (Transition Use Permit) and Special Use Permit #2353 (Transportation Management Plan) approved June 18, 1990; applicant A. Eugene Thomas, by Duncan W. Blair, attorney.

(A copy of the City Manager's memorandum dated 11/13/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Duncan W. Blair, P. 0. Box 820, Alexandria, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried on a vote of 6-to-0 City Council approved the City Manager's recommendation that the time validity of SUP #2352 and SUP #2353 be extended for another 18 months from December 16, 1991, to June 16, 1993. The voting was as follows:

14. 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. (#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. 14; 11/16/91, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Middleton dated 11/15/91, requesting a deferral, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Jonathan Rak, 510 King Street, attorney representing the applicant, was available to answer questions.)

WITHOUT OBJECTION, City Council noted the deferral to December 14, 1991.

15. TEXT AMENDMENT #91-08 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 6, Article K, Section 206 of The Code of the City of Alexandria Virginia, "Board of Zoning Appeals--One Year Period Within Which to Comply with Decisions," the nature of which would be to add a regulation to have the time period for validity of Board of Zoning Appeals actions coincide with the time of validity for site plan approvals. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Denial 7-0

(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. 15; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Rod Kuckro, 209 E. Alexandria Avenue, representing the Del Ray Citizens Association and the Federation of Civic Associations, spoke against this item.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation that the proposed text amendment be denied. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"

16. SUP #1929-A - Public Hearing and Consideration of a review of a Special Use Permit to operate an automobile storage and display facility located at 1511-1519 North Quaker Lane; zoned C-2, Commercial. Applicant: Lindsay Cadillac Company, by Basil Rousos, architect.

COMMISSION ACTION: Recommend Approval 7-0

(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. 16; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Jonathan Rak, 510 King Street, attorney representing the applicant, was available to answer questions.)

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 the added Conditions #10 and #11 by the Planning Commission. The voting was as follows:

17. SUP #2249-C - Public Hearing and Consideration of a review of a Special Use Permit to operate a full-service restaurant located at 1319 King Street; zoned C-3, Commercial. Applicant: 1319 King Street Inc., t/a G.W.'s Restaurant, by Barbara Beach, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(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. 17; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Barbara P. Beach, 128 N. Pitt Street, attorney representing the applicant, answered questions asked by City Council.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and deleted Condition #11 as deleted by the Planning Commission. The voting was as follows:

18. SUP #2431-B - Public Hearing and Consideration of a review of a Special Use Permit to operate a full-service restaurant located at 1603 Commonwealth Avenue; zoned C-1 Commercial. Applicant: Del Ray Cafe Inc./Bruce Betzel, by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(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. 18; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Rod Kuckro, 209 E. Alexandria Avenue, representing the Del Ray Citizens Association, spoke in support of this item; and

Bruce Betzel, 1603 Commonwealth Avenue, applicant, spoke in support of this item and answered questions.)

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 and the amended Condition #14 and the added Condition #15 by the Planning Commission. The voting was as follows:

19. SUP #2441-A - Public Hearing and Consideration of a review of a Special Use Permit and request to change the ownership of the automobile repair and painting garage located at 110 South Floyd Street; zoned I-1, Industrial. Applicant: Olympic Auto Body & Painting, by Tam T. Nguyen.

COMMISSION ACTION: Recommend Approval 7-0

(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. 19; 11/16/91, 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:

20. SUP #2455-A - Public Hearing and Consideration of a review of a Special Use Permit to operate a children's home located at 4539 Seminary Road; zoned R-8, Residential.
Applicant: The Campagna Center, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(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. 20; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Jonathan Rak, 510 King Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion simultaneously made by Councilwoman Pepper and Vice Mayor Cleveland, 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:

21. TEXT AMENDMENT #91-010 - Public Hearing and Consideration of possible amendments to Ordinance No. 3350, Section 37, relative to Transportation Management Plan and Transition Special Use Permits and related matters to change the expiration date of the ordinance from December 31, 1991, to December 31, 1992, or later. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Approval 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. 21; 11/16/91, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item.

(Vice Mayor Cleveland requested that the public hearing and consideration of this item be deferred until the legislative meeting on Tuesday, November 26, 1991.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Speck and carried unanimously, City Council deferred this item until the legislative meeting on November 26, 1991. The voting was as follows:

22. (a) TEXT AMENDMENT #91-012 - Public Hearing and Consideration of an amendment to Title 7, Chapter 6, Section 77 of The Code of the City of Alexandria, Virginia, to repeal the off-street parking regulations on shared parking. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Approval 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. 22 (a); 11/16/91, 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 proposed text amendment. The voting was as follows:

22. (b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to repeal the provisions in the zoning code relating to off-street shared parking.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22 (b); 11/16/91, 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. 22 (b); 11/16/91, 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 and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, November 26, 1991. The voting was as follows:

23. 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, Industrial, by David W. Buckley.

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. 23; 11/16/91, and is incorporated herewith as part of this record by reference.

A copy of the letter from Mr. Buckley dated 11/13/91, requesting a deferral, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 11/16/91, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the deferral to January 25, 1992.

24. SUP #2508 - Public Hearing and Consideration of a request for a Special Use Permit to operate a community building located at 125 South Payne Street; zoned C-3, Commercial. Applicant: Alive Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(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. 24; 11/16/91, 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 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:

25. SUP #2523 - Public Hearing and Consideration of a request for a Special Use Permit to operate a recycling facility located at 631 and 641 South Pickett Street; zoned I-1, Industrial. Applicant: Environmental Recycling Inc., by Michael A. Poland.

COMMISSION ACTION: Recommend Approval 7-0

(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. 25; 11/16/91, and is incorporated herewith as part of this record by reference.)

(John R. Spring, 8133 Leesburg Pike, Vienna, VA, representing the applicant, was available to answer questions; and

Michael Poland, 621 S. Pickett Street, applicant, was also available to answer questions.

Councilwoman Pepper made comments on this item.)

26. SUP #2535 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile cleaning and detailing service located at 2316 Jefferson Davis Highway; zoned I-1, Industrial. Applicant: NAB Group of Companies Inc., by Abayomi N. Baruwa.

COMMISSION ACTION: Recommend Approval 7-0

(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. 26; 11/16/91, 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 asked questions of Mr. Lieberg, of the Planning and Community Development Department.)

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:

27. SUP #2536 - Public Hearing and Consideration of a request for a Special Use Permit to operate a "coffee house" restaurant located at 631 King Street; zoned C-3, Commercial.
Applicant: Grind N Brew Cafe, by Ardeshir B. Yazdani.

COMMISSION ACTION: Recommend Approval 7-0
(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. 27; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Council Member Rich stated that he consulted with the City Attorney about this matter and he is going to abstain. He has been advised by the City Attorney that he does not have to but he believes that he was contacted by one of the principals involved very early on for a brief consultation. While he may not be required to abstain, he thinks it is appropriate for him to do so. He did not participate in the discussion or voting of this item.)

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

Ardeshir B. Yazdani, applicant, presented the application and answered questions asked by the City Council.

Robert Dempsey, 214 Prince Street, stated that he was not in opposition to this application.

Members of City Council and Mr. Lynn, Director of Planning and Community Development, participated in the discussion of this item.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 4-to-2-to-1, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

ORDINANCES AND RESOLUTIONS

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to revise the business license provisions of the city code. (#29 11/12/91)

(A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 11/16/91, 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 on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its second Reading. The voting was as follows:

The ordinance finally passed reads as follows:

ORDINANCE NO. 3542

AN ORDINANCE to amend Article A (GENERAL PROVISIONS) and Article C (NONREGULATORY LICENSES) of Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended, as follows: by amending and reordaining subsection (2) of Section 9-1-2 (DEFINITIONS) and Section 9-1-7 (PROCEDURE FOR OBTAINING LICENSES); by repealing Section 9-1-11 (PARTIAL PAYMENT WHEN TAX IS BASED ON GROSS RECEIPTS) and adding a new Section 9-1-11 (EXEMPTIONS), by amending and reordaining Section 9-1-17 (RECORDS AND REPORTS REQUIRED WHEN TAX BASED ON GROSS RECEIPTS), subsection (d) of Section 9-1-21 (REFUNDS) and Section 9-1-23 (ZONING); by repealing Section 9-1-35 (TAX INSPECTOR--DUTIES, POWER AND AUTHORITY; DEPUTY) and adding a new Section 9-1-35 (CERTAIN BRANCH OFFICE OPERATORS); by amending and reordaining subsection (59) of and by adding new subsections (60) and (61) to Section 9-1-71 (PROFESSIONAL OCCUPATIONS AND BUSINESSES); by amending and reordaining subsections (a)(1)(o) and (a)(2)(nn) of and by adding new subsections (a)(1)(p), (a)(2)(oo) and (a)(2)(pp) to Section 9-1-72 (PERSONAL SERVICES); by amending and reordaining subsection (106) of and by adding new subsections (107), (108), (109), (110), (111) and (112) to Section 9-1-73 (BUSINESS SERVICES AND OCCUPATIONS); by amending and reordaining subsection (30) and by adding a new subsection (31) to Section 9-1-74; by adding a new subsection (e) to Section 9-1-79 (CONTRACTORS AND CONTRACTING); by adding new subsections (80), (81), (82) and (83) to Section 9-1-75 (RETAIL MERCHANTS--GENERALLY), and by repealing Section 9-1-36 (SAME--ENFORCEMENT OF CHAPTER), Section 9-1-37 (SAME--POWER OF ARREST), subsections (1)(n) and (2)(e) of Section 9-1-72 (PERSONAL SERVICES), subsections (5) and (50) of Section 9-1-73 (BUSINESS SERVICES AND OCCUPATIONS), subsections (a)(41) and (a)(46) of Section 9-1-75 (RETAIL MERCHANTS--GENERALLY), and Section 9-1-80 (CONTRACTORS PERFORMING A SINGLE CONTRACT).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the initial paragraph and subsection (2) of Section 9-1-2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-1-2 Definitions.

The following words and phrases, when used in this chapter, shall have the following assigned meanings:

(2) Director. Use of the title "director" in this chapter shall mean the director of the department of finance of the city, also known as the director of finance, and shall include any duly authorized representative.

Section 2. That Section 9-1-7 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-1-7 Procedure for obtaining licenses.

All persons subject to this chapter shall make application for licenses to the director of finance at his office in the city hall. The director shall annually furnish to such persons, at the appropriate time, application forms for renewal of their licenses for the following year. The director shall furnish to persons beginning a business, profession, trade or occupation during a license year license application worksheets which, after completion by such persons, shall be used by the director to prepare the license application. In cases where the license tax is based upon actual gross receipts, the director shall require a sworn statement from the applicant of the amount of such gross receipts and, in the case of a beginning business, profession, trade or occupation, the director shall require an estimate of the gross receipts expected in the first full year of conducting the business, profession, trade or occupation. The gross receipts reported with the application, whether actual or estimated, shall show an amount for the business, profession, trade or occupation conducted by the applicant in the city and an amount for that conducted by the applicant outside of the city.

Section 3. That Section 9-1-11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed, and that Article A, Chapter 1, Title 9 of said code be and the same hereby is amended by adding a new section 9-1-11 to read as follows:

Sec. 9-1-11 Exemptions.

(a) The license tax levied in accordance with this chapter shall not be imposed upon the following businesses, professions, trades and occupations:

(1) those exempt from the license tax under section 58.1-3703(B) of the Code of Virginia (1950), as amended;

(2) those exempt from taxation pursuant to section 501(c) of the Internal Revenue Code of 1954 in accordance with a determination letter from the Internal Revenue service; and

(3) those with gross receipts totaling less than $5,000 for the entire tax year.

(b) The exemption granted by subsection (a)(2) shall not apply to any portion of the gross receipts from an activity of the business, profession, trade or occupation which is not wholly related to the purpose or function that qualifies the entity for an exemption under section 501(c) of the Internal Revenue Code of 1954.

(c) The director shall determine whether a business, profession, trade or occupation is exempt under the provisions of this section and whether any portion of the gross receipts of an otherwise exempt entity is not exempt under subsection (b).

(d) The provisions of this section shall not relieve any person of the duty to comply with section 9-1-5.

Section 4. That Section 9-1-17 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-1-17 Records and reports required when tax is based on gross receipts.

(a) Every person liable for a license tax under this chapter which is based in whole or in part upon gross receipts shall keep accurate and correct accounts in a manner which will reflect true tax liability. These accounts may be kept on either a cash or an accrual basis but the system of accounts shall be the same as that used for federal income tax.

(b) Such records shall at all times be kept available for audit by the director.

Section 5. That subsection (d) of Section 9-1-21 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-1-21 Refunds.

(d) Following receipt of an application for a refund, the director shall remit to the taxpayer any refund which is due, less any other taxes then due and owing to the city by the taxpayer.

Section 6. That Section 9-1-23 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-1-23 Zoning compliance.

The director shall not issue a license for any business, profession, trade or occupation until receipt of a certification from the director of planning and community development that the activity to be licensed is permitted by title 7, chapter 6 of this code to occur at the location identified by the license applicant, pursuant to section 9-1-8, as the place where the activity will be conducted.

Section 7. That Section 9-1-35 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed, and that Article A, Chapter 1, Title 9 of said code be and the same hereby is amended by adding a new Section 9-1-35 to read as follows:

Sec. 9-1-35 Certain Branch Office Operators.

Every person engaged in the business of operating in the city a branch office of a business, profession, trade or occupation, which office is not otherwise taxed under this chapter, shall pay for the privilege of doing so an annual license tax of $30. The term "branch office," as used in this section, shall mean an office which ordinarily performs administrative functions, does not produce gross receipts or any other base for measuring the volume of the business it conducts in the city, and is not the principal office of a business, profession, trade or occupation.

Section 8. That the initial paragraph and subsection (59) of Section 9-1-71 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are amended and reordained, and that said section is amended by adding thereto new subsections (60) and (61), all to read as follows:

Sec. 9-1-71 Professional occupations and businesses.

Every person engaged in one or more of the following professions, occupations or businesses in the city shall pay for the privilege of doing so an annual license tax of $30 or $0.58 per $100 of the gross receipts from such profession, occupation or business, whichever amount is greater:

(59) dietician;

(60) midwife;

(61) other professional occupations or businesses.

Section 9. That the initial paragraph and subsections (a)(1)(o) and (a)(2)(nn) of Section 9-1-72 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are amended and reordained, and that said section is amended by adding thereto new subsections (a)(1)(p), (a)(2)(oo) and (a)(2)(pp), all to read as follows:

Sec. 9-1-72 Personal services.

(a) Every person conducting, operating or engaging in any one or more of the following personal service businesses or occupations in the city shall pay for the privilege of doing so an annual license tax of $30 or $0.35 per $100 of the gross receipts from such businesses or occupations, whichever amount is greater:

(1) The business of operating:

o. bed and breakfast establishments;

p. other personal services.

Section 10. That the initial paragraph of Section 9-1-73 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained, and that said section be and the same hereby is amended by adding thereto new subsections (107), (108), (109), (110), (111) and (112), all to read as follows:

Sec. 9-1-73 Business services and occupations.

Every person conducting, engaging in or operating one or more of the following business services or occupations in the city shall pay for the privilege of doing so an annual license tax of $30 or $0.35 per $100 of the gross receipts from the business or occupation, whichever amount is greater:

(106) freelance photographer;

(107) freelance writer;

(108) inventory services;

Section 11. That the initial paragraph and subsection (30) of Section 9-1-74 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are amended and reordained, and that said section be and the same hereby is amended by adding thereto a new subsection (31), all to read as follows:

Sec. 9-1-74 Repair services and occupations.

Every person engaging in or conducting one or more of the following repair service businesses or occupations in the city shall pay for the privilege of doing so an annual license tax of $30 or $0.35 per $100 of the gross receipts from the business or occupation, whichever amount is greater:

(30) handyman;

(31) other repair service businesses and occupations not named elsewhere in this chapter.

Section 12. That the initial paragraph of subsection (a) of Section 9-1-75 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained, and that said subsection be and the same hereby is amended by adding thereto new subsections (80), (81), (82) and (83), all to read as follows:

Sec. 9-1-75 Retail merchants--generally.

(a) Every person who engages in or conducts one or more of the following businesses or occupations in the city or who sells goods, wares and merchandise at retail only and not for resale in the city shall pay for the privilege of doing so an annual license tax of $30 or $0.20 per $100 of the gross receipts from the business or occupation, whichever amount is greater:

(80) children's clothing;

Section 13. That the initial paragraph and subsection (10) of Section 9-1-78 of The Code of the City of Alexandria Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-1-78 Wholesale merchants.

Every person who engages in or conducts any one or more of the following wholesale businesses or occupations, or who sells to other persons for resale only, or who sells to institutional, commercial or industrial users shall pay for the privilege of doing so in the city an annual license tax of $30 or $0.05 for each $100 of total purchases, as defined in section 9-1-2, whichever amount is greater:

(10) electrical and plumbing goods, including air conditioners;

Section 14. That Section 9-1-79 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-1-79 Contractors and contracting.

(a) Every person who maintains a principal or branch office in the city and engages in the business of a contractor or the occupation of contracting, as defined in this chapter, shall pay for the privilege of doing so an annual license tax of $30 or $0.16 for each $100 of gross receipts from work performed in the state, whichever amount is greater.

(b) Every person who engages in the business of a contractor or the occupation of contracting in the city, who maintains a principal or branch office in the state but not in the city, and who does not pay a license tax in any other city, town or county in the state shall pay for the privilege of engaging in such business or occupation in the city an annual license tax of $30 or $0.16 for each $100 of gross receipts from work performed in the state, whichever amount is greater. Any person who engages in the business of a contractor or the occupation of contracting in the city, who maintains a principal or branch office in the state but not the city, and who pays a license tax in one or more of the cities, towns or counties in the state in which a principal or branch office is located shall not be liable for any license tax under this section, unless the gross receipts received in any year by such person from the business or occupation conducted in the city exceeds $25, 000, in which event the person shall pay the city a license tax of $0.16 for each $100 of gross receipts from work performed in the city.

(c) Every person who engages in the business of a contractor or the occupation of contracting in the city and who does not maintain a principle or branch office in the state shall pay for the privilege of conducting such business or occupation in the city an annual license tax of $30 or $0.16 for each $100 of gross receipts from work performed in the city, whichever amount is greater.

(d) Orders and contracts covering more than one calendar year may be prorated to allow the gross amount or any portion thereof of any such order or contract to be used only once as a basis for determining the amount of the annual license tax to be paid pursuant to this section. Engaging in any of the following businesses or occupations shall be deemed contracting:

(1) air conditioning;

(2) brick contracting, stone and other masonry;

(3) building;

(4) cement;

(5) dredging, sand and gravel;

(6) dry walling;

(7) electrical;

(8) floor scraping or finishing;

(9) foundations;

(10) other contractors and contracting;

(11) paint and paper decorating;

(12) plastering;

(13) plumbing, heating, steam fitting or gas fitting;

(14) road, street, bridge, sidewalk or curb and gutter;

(15) roofing;

(16) sewer drilling and well digging;

(17) sign painter on realty;

(18) structural metal;

(19) tile, glass, flooring and floor covering;

(20) wrecking, moving or excavating;

(21) carpentry;

(22) pile driving.

(e) The provisions of this section shall not relieve a person who engages in the business of a contractor or the occupation of contracting in the city of any duty to register as a contractor with the city or the state before engaging in such business or occupation in the city, as may be required by other law.

Section 15. That Sections 9-1-36 and 9-1-37, subsections (1) (n) and (2) (e) of Section 9-1-72, subsections (5) and (50) of Section 9-1-73, subsections (a)(41) and (a)(46) of Section 9-1-75, and Section 9-1-80 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are repealed.

Section 16. That this ordinance shall become effective on January 1, 1992.

Introduction: 11/12/91
First Reading: 11/12/91
Publication: 11/14/91; 11/15/91
Public Hearing: 11/16/91
Second Reading: 11/16/91
Final Passage: 11/16/91

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rescind Ordinance 3447 and to authorize the sale of city-owned property at 617 North Henry Street in the City of Alexandria to Edward S.J. Fader and Roberta V.Z. Fader. (#30 11/12/91)

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3543

AN ORDINANCE to rescind Ordinance 3447, enacted April 21, 1990, which authorized the sale of property owned by the City of Alexandria, Virginia, and located at 617 North Henry Street in Alexandria, to Edward S.J. Fader and Mushtaq A. Shah, M.D., and to authorize the sale of the property to Edward S.J. Fader and Roberta V.Z. Fader.

WHEREAS, the City of Alexandria owns certain property located at 617 North Henry Street in Alexandria, Virginia;

WHEREAS, the sale of this property was submitted to and approved by the Planning Commission on November 5, 1985;

WHEREAS, the city manager thereafter recommended the sale of this property for $53,501 to Edward S.J. Fader and Mushtaq A. Shah, M.D.;

WHEREAS, on April 21, 1990, city council enacted Ordinance No. 3447 which authorized and approved the sale of this property to Edward S.J. Fader and Mushtaq A. Shah, M.D.;

WHEREAS, Mushtaq A. Shah, M.D., has withdrawn as the co-purchaser of this property and has assigned his interest as a co-purchaser to Edward S.J. Fader and Roberta V.Z Fader;

WHEREAS, city council is of the continued opinion that the city no longer needs this property, that its disposition, according to the terms and conditions set forth below, will further the city's policy to remove blight, and that its sale is in the public interest;

WHEREAS, city council desires to recognize the assignment by Mushtaq A. Shah, M.D., of any and all interests he possesses as a co-purchaser of the property, and any and all interests he acquired pursuant to Ordinance No. 3447; and

WHEREAS, to accomplish this desire, city council wishes to rescind Ordinance No. 3447 and to replace it with a new ordinance approving and authorizing the sale of the property to Edward S.J. Fader and Roberta V.Z. Fader; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Ordinance No. 3447 shall be and hereby is rescinded.

Section 2. That the sale of the real property described below to Edward S.J. and Roberta V.Z. Fader, for $53,501 and according to the terms and conditions contained in the Agreement for Sale and Rehabilitation between the city and Edward S.J. and Roberta V.Z. Fader, be and hereby is approved and authorized:

Section 3. That the city manager be and hereby is authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the sale of the real property described in Section 2 in accordance with the terms and conditions in the above-mentioned agreement between the city and Edward S.J. and Roberta V.Z. Fader, including but not limited to the execution and delivery of a deed and other appropriate documents.

Section 4. That the city clerk be and hereby is authorized to attest the execution of said deed and other necessary documents and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 11/12/91
First Reading: 11/12/91
Publication: 11/14/91; 11/15/91
Public Hearing: 11/16/91
Second Reading: 11/16/91
Final Passage: 11/16/91

OTHER

City Council Schedule.

(A copy of the City Manager's memorandum dated 11/14/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 11/16/91, and is incorporated herewith as part of this record by reference.)

(Ms. Evans, Assistant City Manager, spoke to this item.

Councilman Speck spoke to the work session in January to work out the agreement between the City of Alexandria and the Chamber of Commerce for the Economic Development Program and hoped that there could be some mechanism either to reinstitute the Committee to work out some of the things that came up at the last meeting rather than wait until then to work out the agreement. Councilman Speck will represent the Chamber and the Mayor will be on it to have a meeting ahead of time.

Councilman Speck commented that as far as he is aware that the only public event to celebrate Chanukah will take place at the Alexandria Hospital the week of December 2. He believes all will be getting invitations and he thinks if you are able to come you will find it a very enjoyable occasion.)

WHEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried unanimously, City Council approved the City Council schedule, as amended, (1) set the dedication of the City Shop in honor of the late Kenneth Smith at 5 p.m. on Tuesday, November 26; (2) noted that the Alexandria Public Health Advisory Commission and the Alexandria AIDS Task Force have invited Council to attend a reception to proclaim the week of December 1-8 as AIDS/HIV Awareness Week in Alexandria at 5:30 p.m. on November 26 on the second floor at the French Quarter Cafe, 808 King Street; (3) scheduled a work session on the proposed agreement between the City and Alexandria Chamber of Commerce for the Economic Development Program at 6:30 p.m. before the January 14 City Council meeting; and noted that the Christmas Tree Lighting is on the Council's Calendar already for 11/29/91, and the KISMET Group has requested that Council attend the lighting of the holly tree that they have decorated on upper King Street that same night and have arranged to have a bus to take Council there from Market Square. The voting was as follows:

Donley "aye" Cleveland "aye"
Rich "aye" Jackson "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
CONSENT CALENDAR 31 - 37
31. SUP #2413-A - Public Hearing and Consideration of a review of a Special Use Permit for the existing non-conforming restaurant located at 1225 Powhatan Street, known as the "Dixie Pig"; zoned RB, Residential. Applicant: Dixie Pig Restaurant, by Beth M. Coyne, attorney.

COMMISSION ACTION: Recommend Deferral to December Hearing 7-0

32. SUP #2446-A - Public Hearing and Consideration of a review of a Special Use Permit to operate an 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: Deferred by Staff Prior to Hearing

33. SUP #1647-G - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing automobile repair garage located at 4405 Duke Street; zoned C-2, Commercial. Applicant: Louis Bonfiglio.

COMMISSION ACTION: Recommend Deferral 7-0

34. SUP #2500-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership of the existing recycling facility located at 301-309 Hooff's Run Drive; zoned I-2, Industrial. Applicant: River East Recycling Inc., by William C. Thomas, Jr., attorney.

Hearing

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES(continued)
CONSENT CALENDAR (continued)
35. SUP #2507 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant, with carry-out service, located at 900 King Street; zoned C-3, Commercial. Applicant: Daniel E. Maljanian.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

36. SUP #2515 - Public Hearing and Consideration of a request for a Special Use Permit to place an office trailer on the property located at 3700 Jefferson Davis Highway; zoned I-1, Industrial. Applicant: Rick's Towing Inc., by Cheryl Crider, manager.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

37. SUP #2537 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 460-B South Pickett Street; zoned I-1, Industrial. Applicant: Panjsheri Corporation, by Ghulam Sediq Panjsheri.

COMMISSION ACTION: Recommend Deferral to December Hearing 7-0

END OF CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded simultaneously by Councilman Jackson and Vice Mayor Cleveland and carried unanimously, at 5:05 p.m., the Public Hearing Meeting of Saturday, November 16, 1991, was adjourned. The voting was as follows:

APPROVED BY:

_____________________________

PATRICIA S. TICER MAYOR

ATTEST:

___________________________
Beverly I. Jett, CMC City Clerk

Agenda

This docket is subject to change.

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