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Public Hearing Meeting
Saturday, June 12, 1993 - - 9:30 am

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Neckel, Director of Finance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Platky, Director of Management and Budget; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Ross, Deputy Director of Planning and Community Development; Lieutenant Clancey, Police Department; Ms. Beidler, Registrar of Voters; Mr. Leiberg, Mr. Smith, and Ms. Johnson, Planners, Department of Planning and Community Development; Chief Fire Marshal Conner; Police Chief Samarra; and Sergeant Mason, 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.

2. Public Discussion Period.

(a) Gayle Reuter and Mt. Vernon Avenue Associates, 102 E. Bellefonte Avenue, representing "On the Avenue" Block Party Committee, thanked the Mayor and Members of City Council and the City Manager for their assistance and support given for the Third Annual "On the Avenue" Block Party.

(b) Krista Metz, 171 Wesmond Drive, spoke in support of changing the City's "swine law" to permit persons to own pot-bellied pigs.

The City Manager indicated that the Animal Welfare League is looking into the issue of whether or not the code or the ordinances should be changed. A report will be forthcoming probably in September.

(c) Donald F. Mela, 1301 Kingston Avenue, indicated that he thought that some of the planning items that come before the City Council could be handled administratively with the right of appeal to City Council.

The City Attorney and Mr. Lynn, Director of Planning and Community Development, will look into this suggestion, as well as talk with Mr. Mela.



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(d) John Chapman Gager, representing Friends of Homeless Animals, spoke during this period.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR 4 - 25

Planning Commission

WITHOUT OBJECTION, City Council removed Docket Item Nos. 17, 18 and 20 which were considered under separate motions.

4. (a) MPA #93-003 - Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing 1023 Queen Street from Residential Medium to Commercial Low. Applicant: Joseph Fennell, by Sandra J. Boek, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4 (a); 6/12/93, and is incorporated herewith as part of this record by reference.)

4. (b) REZONING #93-003 - Public Hearing and Consideration of a request to rezone 1023 Queen Street from RB, Residential Medium (Townhouse Zone) to CL, Commercial Low. Applicant: Joseph Fennell, by Sandra J. Boek, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4 (b); 6/12/93, and is incorporated herewith as part of this record by reference.)

5. ENCROACHMENT #93-004 - Public Hearing and Consideration of a request for encroachment into the public street right-of-way for a canopy for the existing restaurant located at 110 South Pitt Street; zoned CD, Commercial Downtown. Applicant: Santa Fe East, W. Howard Rooks.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/12/93, and is incorporated herewith as part of this record by reference.)

6. TA #93-019 - Public Hearing and Consideration of an amendment to Sections 10-104(F)(1) (Board of Architectural Review, OHAD, Old and Historic Alexandria District--Procedure for Meetings) and Section 10-204 (F) (1) (Board of Architectural Review, Parker Gray District--Procedure for Meetings) of the Zoning Ordinance of the City of Alexandria, Virginia, to require that decisions of the Boards of Architectural Review be announced at the next regularly scheduled meeting of the Board following the public hearing on the matter being decided. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/12/93, and is incorporated herewith as part of this record by reference.)






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7. REZONING #93-002 - Public Hearing and Consideration of technical corrections to the Zoning Map. These changes are consistent with the adopted small area plans. The changes are as shown below. Staff: Department of Planning and Community Development.

a. 6121 & 6137 Lincolnia Road--rezone from OCM(50), Office Commercial Medium to OCM(100), Office Commercial Medium.

c. 270 South Reynolds Street- -rezone from CSL, Commercial Service Low to POS, Public Open Space.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/12/93, and is incorporated herewith as part of this record by reference.)

8. SUP #1368-B - Public Hearing and Consideration of a review of a Special Use Permit for the health club located at 255-257 South Van Dorn Street, within the Van Dorn Plaza Shopping Center; zoned CG, Commercial General. Applicant: Club Management, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/12/93, and is incorporated herewith as part of this record by reference.)

9. SUP #1898-C - Public Hearing and Consideration of a review of a Special Use Permit for a restaurant located at 305 South Washington Street; zoned CD, Commercial Downtown. Applicant: Trattoria da Franco, by Louis J. D'Amelio, Sr.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/12/93, and is incorporated herewith as part of this record by reference.)

10. SUP #2428-C - Public Hearing and Consideration of a review of a Special Use Permit for the automobile repair garage with detailing and cleaning service, including limousine storage, located at 615 South Pickett Street, Units C and D, within the Van Dorn Station Shopping Center; zoned CG, Commercial General. Applicant: Hazim Al Asad.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/12/93, and is incorporated herewith as part of this record by reference.)

11. SUP #2581-A - Public Hearing and Consideration of a review of a Special Use Permit for the automobile repair garage located at 5316 Eisenhower Avenue; zoned OCM-100, Office Commercial Medium. Applicant: East Coast Transmissions, Inc., by Homayoun Nouri-Moghadam.

COMMISSION ACTION: Recommend Approval 6-0.



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(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/12/93, and is incorporated herewith as part of this record by reference.)

12. SUP #2614-A - Public Hearing and Consideration of a review of a Special Use Permit for a child care home located at 3011 King Street; zoned R-8. Residential. Applicant: Martha L. Quant.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/12/93, and is incorporated herewith as part of this record by reference.)

13. SUP #2437-A - Public Hearing and Consideration of a request for a Special Use Permit to add offset printing to the existing retail copy center located at 99 Canal Center Plaza; zoned W-1, Waterfront Mixed Use Zone. Applicant: J&M Printing, Inc., t/a Kwik-Kopy Printing #830, by Rob Powers.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/12/93, and is incorporated herewith as part of this record by reference.)

14. SUP #2505-A - Public Hearing and Consideration of a request for an amendment to Special Use Permit #2505 to increase the amount of approved floor space at the "Home Depot Center." The plan amendment is to allow 4,300 additional net square feet of mezzanine office space in the Home Depot retail store facility for management and accounting. The property is zoned CDD #8, Coordinated Development District (Trade Center). Applicant: The Home Depot, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's revised report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/12/93, and is incorporated herewith as part of this record by reference.)

15. SUP #2697 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile sales and storage lot located at 3650 Wheeler Avenue; zoned I, Industrial. Applicant: Lexus of Alexandria, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/12/93, and is incorporated herewith as part of this record by reference.)

16. SUP #2700 - Public Hearing and Consideration of a request for a Special Use Permit to place a trailer for office use on the property located between 1706 Osage Street, 1700 block of West Braddock Road, Radford Street and Kenwood Avenue; zoned RC, Residential. Applicant: Pulte Home Corporation, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 6-0.






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(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/12/93, and is incorporated herewith as part of this record by reference.)

19. VACATION #93-003 - Public Hearing and Consideration of a request for vacation of the public alley right-of-way for the property located at 228 East Monroe Avenue; zoned R-2-5, Residential. Applicant: Mark Middendorf, and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/12/93, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

ACTION CONSENT CALENDAR (continued)

21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend section 10-104 of the Zoning Ordinance to permit the Board of Architectural Review to announce its decision on applications at its next regular meeting, not to exceed 90 days, after the public hearing on the application.

(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. 21; 6/12/93, 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. 21; 6/12/93, and is incorporated herewith as part of this record by reference.)

22. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public street right-of-way for a canopy for the existing restaurant located at 110 South Pitt Street.

(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; 6/12/93, 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; 6/12/93, and is incorporated herewith as part of this record by reference.)

23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to (a) correct the address of the polling place in the Cora Kelly Election District, and (b) change the name of the Alexandria School Administration Office Election District to the Minnie Howard School Election District.

(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. 23; 6/12/93, and is incorporated herewith as part of this record by reference.


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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. 23; 6/12/93, and is incorporated herewith as part of this record by reference.)

24. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE (a) to amend section 8-200(A) of the Zoning Ordinance to require that, in the W-1/Waterfront Mixed Use Zone, access to parking for certain dwellings be provided from an alley or interior court and (b) to add a new section 8-200(F)(5) to the Zoning Ordinance to provide that single-family, two-family, and townhouse dwellings built when only one parking space was required shall not be considered noncomplying uses by virtue of their lack of a second parking space.

(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. 24; 6/12/93, 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. 24; 6/12/93, and is incorporated herewith as part of this record by reference.)

25. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize the chief of police to appoint either a sworn police officer or a civilian employee to serve as the city's hack inspector.

(A copy of the City Manager's memorandum dated June 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/12/93, and is incorporated herewith as part of this record by reference.

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. 2 of Item No. 25; 6/12/93, 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. 3 of Item No. 25; 6/12/93, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Action Consent Calendar with the exception of Item Nos. 17 and 18 which were considered under separate motions. [NOTE: Docket Item No. 20 was considered after Docket Item No. 32.] The Planning Commission recommendations are as follows:

4. (a) City Council approved the recommendation of the Planning Commission and approved the Master Plan amendment.

4. (b) City Council approved the recommendation of the Planning Commission and approved the rezoning as proffered and with the applicant's voluntary contribution of $200/year for ten years to the City's Housing Fund. [City Attorney will prepare the appropriate ordinance.)






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5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. [City Attorney will prepare the appropriate ordinance.]

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

7. City council approved the recommendation of the Planning Commission and approved these rezonings. [City Attorney to prepare appropriate ordinance(s).]

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

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

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

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

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #5.

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

14. City Council approved the recommendation of the Planning Commission and approved the request of the Special Use Permit #2505-A amendment subject to compliance with all codes and ordinances and with the amended staff conditions.

15. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #1.

16. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #5.

19. City Council approved the request, subject to compliance with applicable codes, ordinances and staff recommendations and amended Condition #5 and authorized the Mayor to appoint viewers; the Mayor subsequently appointed Rose Berler, Chair, Edward Bell and James K. Ryan, as Viewers.

21. City Council Introduced the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 22, 1993.

22. City Council Introduced the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 22, 1993.



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23. City Council Introduced the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 22, 1993.

24. City Council Introduced the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 22, 1993.

25. City Council Introduced the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 22, 1993.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

17. SUP #2702 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant, with outdoor seating and live entertainment, located at 44 Canal Center Plaza; zoned W-1, Waterfront Mixed Use. Applicant: Fleetwood's Limited Partnership, by Edward J. Stucky.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Loeff dated June 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Smirniotopoulos dated June 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 17; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 510 King Street, attorney representing the applicant, spoke in support of this request with two modifications as follows: that Condition #15 be deleted with respect to a one-year review and that Condition #9 read as follows: "9. The restaurant, in its operations, shall fully comply with the "Noise Control Code of the City" which is Title 11-5-1 of the 1981 Alexandria City Code, as amended";

Paula Barton, 1109 N. Pitt Street, #1C, representing Canal Place Condominium, spoke in support of an unrestricted permit; and

Lee Quill, 1111 N. Pitt Street, #2A, spoke in support of this request.

General Discussion. Members of City Council asked questions of Mr. Lynn, Director of Planning and Community Development, Chief Samarra, and Mr. Blair.)

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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #13 to include the concept that the Chief of Police would be able to determine not only the extra days but also the extra number of police; deleted Condition #15; and replaced Condition #9 with the language that was suggested by Mr. Blair, which Condition #9 now reads as follows: "9. The restaurant, in its operations, shall fully comply with the "Noise Control Code of the City" which is Title 11-5-1 of the 1981 Alexandria City Code, as amended"; amended Condition #11 to read as follows: "11. The applicant shall provide free parking for customers after 6:00 p.m. and require off-street parking for all employees."; and excised the staff note on page 4 of the staff report. The voting was as follows:

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

18. SUP #2703 - Public Hearing and Consideration of a request for a Special Use Permit to operate a bakery-delicatessen style restaurant located at 115 North Washington Street; zoned CD, Commercial Downtown. Applicant: Ai Ba Le.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of a petition in opposition to this request, which petition contains eight signatures, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Amy Graham, 908 King Street, attorney representing the proprietors of Old Town Deli, spoke against.

Members of City Council asked questions of Mr. Lynn, Director of Planning and Community Development, and Ai Ba Le, applicant.

The applicant was urged to monitor the litter around his establishment and he indicated that he would do his best to take care of the littering.

Mr. Lynn answered questions with respect to whether or not the Old Town Small Area Plan permits restaurants or carry-outs east of Washington Street.






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indicated the OTCA certainly stands for the Old Town Small Area Plan, perhaps this is a new definition to be considered. He stated the Association is obviously concerned about the trash, and that it is located on Washington Street which is obviously commercial. He indicated the OTCA does not have an official position on it at this point.

There was further discussion by the Members of City Council and Mr. Lynn.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 4-to-3, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and City Council added a Condition #13 to read: "13. That there be a one-year review of this application.", and urged the applicant to watch the litter. The voting was as follows:

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

WITHOUT OBJECTION, City Council took Docket Item No. 50 out of order.

50. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone the property at 1023 Queen Street from RB/Townhouse Zone, to CL/Commercial Low Zone. (#34 6/8/93; ROLL-CALL VOTE)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3633

AN ORDINANCE to amend and reordain Sheet No. 64.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of Article I (GENERAL REGULATIONS) of the City of Alexandria Zoning Ordinance, by rezoning the property at 1023 Queen Street (ZONING MAP AND TAX MAP PARCEL NO. 64.04-05-01) from RB/Townhouse Zone to CL/Commercial Low Zone with proffer.

WHEREAS, Joseph M. Fennell, owner, by Sandra J. Boek, attorney, has filed an application to change the zoning classification established by the official zoning map for the property known as 1023 Queen Street (Zoning Map and Tax Map Parcel No. 64.04-05-01) from RB/Townhouse Zone to CL/Commercial Low Zone with proffer; and

WHEREAS, said rezoning is consistent with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,


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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 64.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

FROM: RB/Townhouse Zone
TO:CL/Commercial Low Zone

Subject to the following proffers:

(1) The applicant Joseph M. Fennell covenants and agrees to pay off the two existing loans secured by the property, to wit: (a) a $23,010 loan from the City of Alexandria Office of Housing; and (b) the $24, 000 approximate remaining balance of a loan from the Virginia Housing and Development Authority.

(2) The applicant Joseph M. Fennell covenants and agrees to pay off the above-described loans within 60 days of final passage of this ordinance.

(3) The applicant Joseph M. Fennell covenants and agrees to pay the sum of $200 annually to the Housing Trust Fund maintained by the City of Alexandria Office of Housing for a period of 10 years, the first payment of which shall be due and payable 60 days after final passage of this ordinance.

Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the Official Zoning Map, Alexandria, Virginia.

Section 3. That Sheet No. 64.04 of the "Official Zoning Map, Alexandria, Virginia," as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective at such time, within 90 days of final passage, if certification of compliance with conditions 1 and 2 of the proffer, and so much of condition 3 as is applicable, shall have been made by the applicant Joseph M. Fennell to the director of planning and community development.

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93



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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

26. Public Hearing and Consideration on Parking Report on the Old Town Study Area by the Old Town Parking Committee. (#19 6/8/93)

(A copy of the City Manager's memorandum dated June 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/12/93, and is incorporated herewith as part of this record by reference.

Copies of communications received are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 26; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Charles H. Huettner, 218 S. Fayette Street, representing Old Town Civic Association, spoke in support of recommendations;

Sarah Becker, 1200 Princess Street, president, Inner City Civic Association, spoke in support of recommendations;

Donald Walls, 911 Cameron Street, spoke in support with caveats;

James Graham, 728 King Street, stated that there is still a parking problem;

Curtiss Martin, 118 Prince Street, stated that there is still a parking problem;

Bob Ellis, 110 Prince Street, stated that parking problems still exist;

Virginia Drewry, 118 Prince Street, made comments that problems will continue to exist;

Sarita Schotta, 104 Prince Street, representing Yes 1 Block Association, stated that in general, it endorses the plan; and

Gil Zimmerman, 601 Princess Street, spoke.

General Discussion. Members of City Council, Ms. Steele, Deputy City Manager, the City Manager, Mr. O'Kane, Director of Transportation and Environmental Services, and Ms. Drewry participated in the discussion.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the City Manager's recommendation in her memorandum dated June 4, 1993 [with reference to I. A. 2. the first bullet], "A standardized petition must be submitted to the City signed by 51% of the households on both sides of the block."; and struck the balance of the sentence in parentheses. The City Manager's recommendation is as follows: That City Council approve the following parking recommendations for the Old Town Study Area referred to as the Special Parking District (see Attachment 1 [of City Manager's June 4 memorandum] for map of area). The Old Town Parking Committee met on May 24 to discuss the results of the study. They agreed to recommend that City Council approve the following recommendations and that the Committee return to City Council in the Fall with recommendations on the remaining items as outlined on page 7 [of the City Manager's June 4 memorandum]. A complete discussion of the parking study conclusions and recommendations appears as Attachment 2 [of the City Manager's June 4 memorandum].


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I. Existing old Town Special Parking District

A. Parking Restrictions

1. Continue the existing 2-hour parking limitations in the Special Parking District (Attachment 1) for the residential district from 8:00 a.m. to 2:00 a.m. Monday-Saturday and 11:00 a.m. to 2:00 a.m. on Sunday, unless residents petition for changes in the hours of restriction as outlined in 2 below. The fine should remain at $35, which is consistent with the fine for other residential districts in the City.

2. To change the existing 2-hour parking limitations, the following criteria must be met:

B. Restaurant/Business Employee Parking (Week Nights and Weekends) -

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C. Metered and Non-metered Spaces -

1. Continue the two-hour parking restrictions for all metered spaces from 8 a.m. to 7 p.m. Monday-Saturday. The short-term, 20-minute metered spaces would remain unchanged.

2. Continue the two-hour parking restrictions from 8 a.m. - 11 p.m. Monday-Saturday for non-metered spaces not designated for residential permit parking. This includes: the 100 and 200 blocks of King Street, the unit block of Prince Street, The Strand, and other non-metered spaces.

3. Standardize the hours for loading zones to 8 a.m.-5 p.m. Monday-Saturday with a 2-hour parking restriction from 5 p.m. to 11 p.m. Monday-Saturday.

II. Expansion of the Special Parking District -

III. Park and Shop/Validation Program

The parking operators and the Chamber of Commerce have developed a proposed validation program that they hope to implement by September. Parking validation for restaurant and business patrons is critical to the success in solving parking problems in the downtown area.

IV. Guest/Visitors Passes -

A. The City will continue the existing guest/visitor pass system in the Special Parking District as follows:

Type Price Term

1. Visitor Permit Free for Days 1-7, Max. 30 days
$5.00 if issued for
more than 7 days

2. Guest Permit FREE 24 Hours
(For a date-certain occasion)

3. 24-hour Expiring Guest
Permit $1.00 24 Hours

(The 24-hour "expiring" guest permit is chemically treated so that the word "Expired" appears at the end of 24 hours. Can be used for any 24-hour period.)






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V. Special Events -

B. Approve a standard route (Attachment 3) for all races to be held in Old Town. All races should begin no later than 8:00 a.m. to avoid excessive neighborhood interruptions.

C. Major parades will continue to be scheduled by the Special Events Task Force and governed by existing Administrative Regulations. Consideration should be given to beginning parades earlier in the day (e.g. 10:30 a.m.) to optimize the potential for spectators to visit downtown businesses and restaurants after the event has been completed.







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VI. Marketing Efforts -

It is important for restaurants and businesses to continue to advertise and promote the availability of convenient off-street parking facilities in the Special Parking District and the King Street commercial corridor by means of fliers, maps, "table tents", special notices, public ads, window displays, on menus, and other marketing programs that give comprehensive information on locations, hours and days of operation, prices, etc. Public information will continue to be provided on DASH and Metrobus routes and schedules. City notices of downtown events will continue to include parking information and location maps.

VII. Increase On-Street Parking Capacity -

The City will continue its efforts to maximize the space available for on-street parking by reducing the length and numbers of restricted parking areas (i.e., near driveways, fire hydrants, bus stops, etc.).

VIII. Increase Off-Street Parking Availability -

The availability of parking in Old Town can be increased further by extending the hours of operation of parking garages to include evenings. The evening opening of the Courthouse Garage has provided an additional 300 spaces. Mr. Robert Morrison has received approval to open the garages near Queen and Fairfax Streets in the evenings (250 spaces), and the Cameron/Columbus Garage, scheduled to be completed in late 1994, will include another 250 spaces.

IX. New Technologies for Parking Enforcement

The Police and Finance Departments' staffs will continue investigating the latest technology to provide the City with the most efficient means to issue, process, and collect parking citations. Last summer, the Police Department purchased six right-hand drive vehicles (GO-4's) to permit parking enforcement personnel to cover their parking areas more frequently. Recently, the City completed contractual negotiations with a vendor who is providing the City with a system to provide computerized tracking of parking citations and enhanced capabilities for the collection of outstanding tickets. The contract includes the testing and selection of hand-held computers, imaging technology, and other state-of-the-art technical capabilities.

X. Little Theatre -

The existing parking restrictions in this block have resulted in problems for the Little Theatre. The south side of the 600 block of Wolfe Street is a commercial block and currently has 2-hour parking restrictions from 8 to 11 p.m. Monday-Saturday, while the north side, which is in the Residential Parking District, has 2-hour restrictions from 8 a.m. to 2 a.m. Monday-Saturday and 11 a.m. to 2 a.m. Sunday. To provide parking for the Little Theatre, staff recommends that the restriction on the south side of this block be changed to a 2-hour limit, 8 a.m.-5 p.m. Monday-Friday. Restrictions on the north side should remain unchanged.

XI. Old Town Parking Committee -

The Committee plans to complete their evaluation of the following remaining issues and provide recommendations to City Council by Fall:

a. The appropriateness of making the existing Old Town Special Parking District a separate residential parking district.


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b. Establishment of higher fees for residential parking permits in the Special Parking District and a limitation on the number of permits each household may obtain.

c. A determination regarding meter rates in the Special Parking District and the King Street commercial corridor.

d. Consideration of expanding the Special Parking District west of Washington Street.

e. Consideration of requiring employers to provide off-street evening parking for their employees as part of the SUP process for new and expanded restaurants located within the boundaries of the Old Town Small Area Plan or the King Street commercial corridor between the waterfront and Patrick Street.

f . Other appropriate issues that may come before the Committee.

The City Manager stated that there may be recommendations that require ordinances which will come back in the fall; but, generally, this can go into effect this summer.

The voting was as follows:

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

27. Public Hearing and Consideration of Possible Legislation Requiring Protective Bicycle Helmets. (Councilmen Donley and Speck; #17 5/15/93)

(A copy of the City Manager's memorandum dated June 9, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/12/93; and is incorporated herewith as part of this record by reference.)

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

Rod Kuckro 209 E. Alexandria Avenue, spoke in support and offered his assistance.

General Discussion. Members of City Council participated in the discussion.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a vote of 6-to-0, City Council requested staff to: (1) develop a bicycle safety program in coordination with the Alexandria Park and Recreation Commission's Bicycle Study Committee and the staff of the Alexandria Hospital to be implemented in the fall; (2) prepare a resolution for Council consideration in September 1993, when the bicycle safety program would be initiated, encouraging the use of bicycle helmets by all cyclists and particularly by children 14 years of age and younger; and (3) report back to Council with a schedule for enacting a bicycle helmet ordinance after staff has implemented a public education program on the benefits of using protective headgear and developed a system for providing helmets to children in low-income families; and requested staff to involve the fraternal social groups in town to get their support, financial and otherwise, and also the private sector involvement and support, and reach out to the bike groups, the bike shop businesses to get their help in promoting not only bike safety but also the wearing of helmets, as well as inquire from the manufacturers of the helmets if the City can get discounted rates for bulk purchases. The voting was as follows:

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

28. Public Hearing on and Consideration of the Report of The Ad Hoc Committee on Election Procedures. (Councilmen Jackson and Speck)

(A copy of the Report of the Ad Hoc Committee on Election Procedures dated April 14, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of the Ad Hoc Committee on Election Procedures views on School Board Elections dated April 26, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

W. B. Hurd, 219 S. Royal Street, Chair, Ad Hoc Committee on Election Procedures, gave a report;

Mike Holm, 445 Old Town Court, spoke to the minority report;

Nancy Cox, 3307 Russell Road, spoke in support of the majority report;

Rod Kuckro, 209 E. Alexandria Avenue, spoke against the report as presented.

General Discussion. Members of City Council participated in the discussion.

t was suggested that the Registrar might want to try to register persons who speak to Council on its public hearing meeting days on Saturday.

Chairman Hurd suggested that during the summer City Council might want to look at the background material that was collected during its year of discussions. It is on file with the City Clerk.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried unanimously, City Council accepted the Committee's report, thanked the members for their work, and disbanded the Committee. The voting was as follows:

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

Whereupon, at 1:03 p.m., City Council recessed the meeting for lunch.

Thereupon, at 1:43 p.m., City Council reconvened the meeting and the following transpired:







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3. Public Hearing on the Candidates for Appointment to the School Board. (This item was heard immediately after the lunch break.)

The following School Board applicants spoke during this period: Paul Van de Water, Stephen Kenealy, Peter Nelsen, Vernon Collins, Joyce Rawlings, Carl Feusahrens, John Wilmer, Pamela Kicak, V. Rodger Digilio, John Travis, LaFonte Nesbitt, Edward Moses and Edward Fader.

Patricia Henning, 5761 Exeter Court, #262, spoke and endorsed Stephen Kenealy and Vernon Collins; Maryann Jones, 17 W. Rosemont Avenue, spoke and endorsed Vernon Collins and Stephen Kenealy; Linda Holland, 206 Commonwealth Avenue, spoke and endorsed V. Rodger Digilio; Eugene Steuerle, 904 Beverley Drive, spoke and endorsed Paul Van de Water; and Lynn Smith, 307 Virginia Avenue, spoke on the concept of this issue.

It was noted that City Council will vote on the appointments on Tuesday, June 22, 1993.

29. Public Hearing and Consideration on Report on Staffing for Boards and Commissions. (#24 5/11/93)

(A copy of the City Manager's memorandum dated May 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/12/93, 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 Exhibit No. 2 of Item No. 29; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Georgia K. Cannady, 1103 Dartmoiith Road, former president of the Alexandria League of Women Voters spoke; a copy of Ms. Cannady's comments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 6/12/93, and is incorporated herewith as part of this record by reference;

Ben Brenman, 4600 Duke Street, #1609, spoke; and

Karen McGrath, 308 Rucker Place, representing the Alexandria Commission for the Arts, also spoke.

General Discussion. Members of City Council participated in the discussion and Ms. Boyd, Executive Secretary for Boards and Commissions, answered questions.)

WHEREUPON, a motion was made by Councilman Jackson, seconded by Council Member Rich that City Council approve the City Manager's recommendations listed in the memorandum dated May 5, 1993.

At this point, City Council removed c(3) from the motion.

Councilwoman Pepper spoke to this and suggested that on page 2, section c(3) be amended by inserting in the fourth line after the word "members" the following: "being encouraged to assume as much responsibility as possible" and striking the words "assuming primary responsibility" for taking minutes..., etc.






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WHEREUPON, Councilwoman Pepper moved to amend the main motion to include the new wording for c(3) stated as follows: "being encouraged to assume as much responsibility as possible" for taking minutes ... ; which motion FAILED for lack of a second.

There was discussion regarding 2b on page 2. Mayor Ticer suggested an amendment to the main motion to disband the Ad Hoc Committee on the Potomac Yard and the Potomac Greens Task Force at this time and will reconstitute another committee at the time it is needed; which amendment was accepted by the maker and the seconder of the main motion.

WHEREUPON, Council returned to the main motion, as amended, which motion was made by Councilman Jackson, seconded by Council Member Rich and carried on a vote of 5-to-1, City Council approved the City Manager's recommendations listed in the memorandum dated May 5, 1993, and disbanded the Ad Hoc Committee on the Potomac Yard and the Potomac Greens Task Force at this time and will reconstitute another committee at the time it is needed. The City Manager's recommendation reads as follows:

2. Set a public hearing for June 12 [concluded] on the report and the following recommendations:

a. That City Council disband the following groups because they have completed their tasks or their responsibilities have been assumed by other groups:

b. That City Council decide if it wishes to disband the Ad Hoc Committee on the Potomac Yard and the Potomac Greens Task Force or to combine and restructure them into one new committee whose membership would be determined by City Council.





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d. That City Council request the City Attorney to draft amendments to Section 2-4 of the City Code as follows:

1. With respect to the formation of new boards, commissions, committees and task forces, language that would:

[Note: City Council action was taken on recommendation 1 on May 11, 1993, which was the receipt of the report and a request to staff to distribute it to the chairpersons of the City's boards, committees, commissions and task forces for comment and set a public hearing for June 12 on the report and the recommendations.]



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The voting was as follows:

Jackson "aye" Cleveland "aye"
Rich "aye" Donley out of room
Ticer "aye" Pepper "no"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

30. CASE BAR-93-63 - Public Hearing on and Consideration of an Appeal from a Decision of the Board of Architectural Review, Old and Historic District, on April 21, 1993, denying a request for a certificate of appropriateness for approval of a new roof to be installed at 218 North Columbus Street, by Richard D. Carter, applicant.

BOARD ACTION: Denied 6-0.

(A copy of the Board of Architectural Review's report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of a petition signed by 9 homeowners is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 30; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from the Appellant dated June 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 30; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Richard D. Carter, 6 Muirs Court, representing Muirs Court Homeowners Association and himself, spoke in support of the appeal;

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council deferred this until the June 22, 1993 Council Meeting. The voting was as follows:

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






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Planning Commission (continued)

31. TA #93-017 - Public Hearing and Consideration of an amendment to Section 6-106 (A) (POS, Public Open Space Zone--Maximum Height) of the Zoning Ordinance of the City of Alexandria, Virginia, to allow a maximum height up to 40 feet with a special use permit. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Denial 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support with modifications;

Kerry St. Clair, 10 W. Linden Street, spoke in support; and

Pam St. Clair, 10 W. Linden Street, representing King Street Gardens Committee; spoke in support.

General Discussion. Members of City Council, the City Manager, and the City Attorney participated in the discussion of this item.

The City Attorney will prepare ordinance for introduction on June 22, 1993.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the text amendment with an additional amendment to allow for ornamental structures not to include buildings to an amount not to exceed 40 feet. The voting was as follows:

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

32. TA #93-018 - Public Hearing and Consideration of an amendment to Section 3-1106 (RM, Townhouse Zone--Minimum Open Space) of the Zoning Ordinance of the City of Alexandria, Virginia, to require a minimum of 300 square feet of open space per lot. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. and Mrs. Caveney's letter dated June 8, 1993 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Bryon M. Cavaney, Jr., 308 Wolfe Street, spoke against the amendment;




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John Hynan, 405 S. Fairfax Street, spoke in favor of the amendment but against amendment for excepting 308 Wolfe Street; and

Gil Zimmerman, 601 Princess Street, on behalf of the Old Town Civic Association, spoke in favor of the amendment.

General Discussion. Members of City Council, Mr. Lynn, Director of Planning and Community Development, and the City Attorney participated in the discussion.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council approved the text amendment. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item No. 20 at this time.

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend section 3-1106 of the Zoning Ordinance to impose an additional requirement of a minimum of 300 square feet of open space per lot in the RM zone.

(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. 20; 6/12/93, 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. 20; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of a petition dated June 10, 1993, signed by neighbors of 308 Wolfe Street, expressing their concerns is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 20 and 32; 6/12/93, and is incorporated herewith as part of this record by reference.)

(General Discussion. The City Attorney suggested that Section 3 of the ordinances be amended to read as follows: "That this ordinance shall become effective upon the date at the time of its final passage, shall not apply to applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial rview, and shall only apply to all such applications which may be filed after such date.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried unanimously, City Council Introduced the ordinance on First Reading, as amended; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 22, 1993. The voting was as follows:

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






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33. SUP #2699 - Public Hearing and Consideration of a request for a Special Use Permit to construct portable buildings (trailers) for classrooms for the Francis C. Hammond School located at 4646 Seminary Road; zoned R-8 Residential. Applicant: Alexandria City School Board, by Larry H. Gilbertson.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33, 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Gilbertson's memorandum dated June 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Patricia Severs, 225 S. Whiting Street, #509, spoke in support with a two-year limit; and

WITHOUT OBJECTION, Jane Razeghi, Director of Special Education, spoke in support and stated that they certainly would like to find a permanent location.

General Discussion. Members of City Council and Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse, participated in the discussion.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #4 to read: "4. The special use permit shall be granted for three (3) years from August 1993." The voting was as follows:

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

34. SUP #2325-A, SUP #2334-A and SUP #2347-A - Public Hearing and Consideration of a one-year extension to Special Use Permits #2325 (Transition Special Use Permit), #2334 (Hotel Use) and #2347 (increase in sign area) to recommence construction for the King Street Metroplace development, a mixed use project containing 389,157 net square feet of office (75,257 square feet existing), 10,000 net square feet of retail space and a 178-250 room hotel on 3.82 acres. The property is zoned OCH, Office Commercial High. Applicant: Federal Deposit Insurance Estate, Inc., by Duncan Blair, attorney.

COMMISSION ACTION: Recommend Denial 5-1.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 510 King Street, attorney representing the applicant, spoke in support; and





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WITHOUT OBJECTION, Jeffrey Ridell of Savage Fogarty Real Estate, stated that they manage and operate the property on behalf of First American or then the FDIC, a fee service kind of service at this point in time.

General Discussion. Members of City Council, Mr. Lynn, Director of Planning and Community Development, Mr. Blair, and Mr. Ridell participated in the discussion.

Mayor Ticer suggested that they market it with a recommendation that there is a chance for amending the current plan to include more residential. Mr. Ridell and Mr. Blair stated that they bad suggested that and will work with staff.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilmen Donley, Jackson and Speck and carried on a vote of 6-to-0, City Council granted the one-year extension of the special use permits, with the idea that in one year they will be back here and it might not be as easy. The voting was as follows:

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

35. SUP #2181-B - Public Hearing and Consideration of a request for an amendment to Special Use Permit #2181-A for a residential cluster development known as Quaker Village, involving 55 townhouse dwelling units and 7 single-family detached dwelling units. The subject site is located at the northwest corner of North Quaker Lane and Duke Street (Map 61.00-01-12 to 19 and part of 28), contains approximately 7.8 acres of land, and is zoned RB and R-12, Residential. Applicant: Pulte Home Corporation, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated June 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 35; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, spoke in support of this item; and

Jim Hendriksen, 151 N. Quaker Lane, representing Seminary Hill Association, spoke in support of the plan that is before Council with the exception of the turning lane easement.

General Discussion. Members of City Council, Mr. O'Kane, Director of Transportation and Environmental Services, Mr. Lynn, Director of Planning and Community Development, Mr. Calley and Mr. Hendriksen participated in the discussion.)







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WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Speck and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the proposed cluster development SUP subject to compliance with all applicable codes, ordinances, and staff recommended conditions with the following changes: deletion of recommendation R-8; an addition to recommendation R-10 "to the extent possible"; the inclusion of the conditions R-24 through R-28 as described in the memo dated June 10, 1993, from Mr. Lynn to the Mayor and Members of Council; and deleted recommendations R-20 and R-21. The voting was as follows:

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

36. REZONING #93-004 - Public Hearing and Consideration of a request to extend the Old and Historic Alexandria District boundary 100 feet south of Duke Street between South Henry Street and South West Street (Parcels 74.01-13-01,02,04,05 and 74.03-02-01), as recommended in the Southwest Quadrant Small Area Plan section of the adopted Master Plan. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/12/93, and is incorporated herewith as part of this record by reference.)

No one spoke on this item; therefore, the public hearing was concluded.

(General Discussion. Members of City Council asked questions of Mr. Lynn, Director of Planning and Community Development.

Councilman Jackson pointed out that he has absolutely no conflict under the law in this. It is true that part of the subject property happens to be owned by his cousins, but he is not financially involved in this matter.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission and approved this rezoning. [City Attorney will prepare the appropriate ordinance.] The voting was as follows:

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

37. SUP #2467-B - Public Hearing and Consideration of a request for a Special Use Permit to construct a shed on a substandard lot located at 2603 Farm Road; zoned R-8. Residential. Applicant: Scott R. Mitchell.

COMMISSION ACTION: Recommend Denial 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/12/93, and is incorporated herewith as part of this record by reference.)

(Peter Roff, 2603 Farm Road, thanked the staff for its help.)






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WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved this 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"

38. SUP #2530-A - Public Hearing and Consideration of a request for a Special Use Permit to add live entertainment to the existing restaurant/bakery located at 106 North Lee Street; zoned CD, Commercial Downtown. Applicant: Firehook Bakers Limited, by Ronald Vancil.

COMMISSION ACTION: Recommend Approval 5-1.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/12/93, and is incorporated herewith as part of this record by reference.)

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

Virginia Drewry, 118 Prince Street, representing Old Town Civic Association, expressed concerns about this application; and

Ronald Vancil, 106 North Lee Street, applicant, was available to answer questions.

General Discussion. Members of City Council participated in the discussion.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #15, with the following changes: Condition #12 delete "and shall stop at 10:00 p.m." and delete Condition #14. The voting was as follows:

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

39. SUP #2684 - Public Hearing and Consideration of a request for a Special Use Permit to allow for changes of uses (retail, office, personal service and carry-out restaurant), and for a parking reduction for the Montgomery Center building located between Montgomery Street, Madison Street, North Royal Street, and North Fairfax Street; zoned CRMU-X, Commercial Residential Mixed Use. Applicant: Montgomery Real Estate Corporation, by Bruce M. Machanic.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/12/93, and is incorporated herewith as part of this record by reference.)

(Bruce Machanic, 3363 S. Stafford Street, Arlington, applicant, was available to answer questions and thanked staff for its assistance.)




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WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved Special Use Permit #2684, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

40. SUP #2698 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant in conjunction with an existing retail grocery store located at 235 North Payne Street; zoned CRMU-M, Commercial Residential Mixed Use, Medium. Applicant: Charles Curtis.

COMMISSION ACTION: Recommend Denial 6-0.

(A copy of the Planning Commission's report dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/12/93, and is incorporated herewith as part of this record by reference.)

No one spoke on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and denied the request. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

41. Public Hearing. Second Reading and final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1993. (#24 6/8/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 24, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3634

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures

29
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereinafter named the amounts hereinafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amounts being intergovernmental revenue whose revenues have been accepted and adjusted but not appropriated in fiscal year 1993, and further that the council does hereby allot the amounts so appropriated to the city departments for fiscal year 1993, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Police $ 67,064

Total Estimated Revenue $ 67,064

APPROPRIATION:

Police $ 67,064

Total Appropriation $ 67,064

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the fund hereinafter named the amount hereinafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1992, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1993, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 5,150
General Services -1,200
Fire 10,493
Police -984
Housing 1,955,000
Mental Health/ Mental Retardation/
Substance Abuse 21,451
Health 184
Human Services 164,730
Recreation 500
Schools 1,233,324

Total Estimated Revenue $3,388,648

APPROPRIATION:

Human Relations $ 5,150
General Services -1,200
Fire 10,493
Police -984
Housing 1,955,000
Mental Health/ Mental Retardation/
Substance Abuse 21,451
Health 184
Human Services 164,730
Recreation 500
Schools 1,233,324

Total Estimated Revenue $3,388,648


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Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereinafter named the amount hereinafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amount being donations whose revenues have been accepted and adjusted but not appropriated in fiscal year 1993, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1993, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Historic Alexandria $3,000

Total Estimated Revenue $3,000

APPROPRIATION:

Historic Alexandria $3,000

Total Estimated Revenue $3,000

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93

42. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the government of the City of Alexandria for fiscal year 1994. (#25 6/8/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 28, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The substitute ordinance finally passed reads as follows:







31
ORDINANCE NO. 3635

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $286,425,287 be and it hereby is appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $286,425,287 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994 be and it hereby is further appropriated to the following city departments, major operating units and major categories of expenditures in the amounts set forth below:

Department /Unit/Category/ of Expenditure Appropriation

City Council $ 392,522
City Manager 648,087
Citizens Assistance 467,222
Human Relations 1,098,696
18th Circuit Court 460,872
18th General District Court 61,452
18th Juvenile Court 23,220
Commonwealth Attorney 1,487,249
Sheriff 12,725,884
Clerk of Courts 1,150,680
Law Library 116,424
Other Correctional and Judicial 1,727,107
Court Services Unit 360,344
Financial and Management
Information Services 8,527,164
City Clerk and Clerk of Council 196,257
Personnel 1,275,276
Planning and Community Development 1,854,926
City Attorney 949,872
Registrar of Voters 478,708
General Services 7,298,977
Transportation and Environmental Services 16,705,405
Transit Subsidies 6,394,317
Fire 18,216,313
Police 24,263,745
Office of Housing 2,991,597
Mental Health/Mental Retardation/
Substance Abuse $ 14,146,108
Health 4,832,428
Human Services 22,781,317
Human Services Contributions 943,670
Office of Historic Alexandria 2,547,437
Recreation, Parks and Cultural Activities 9,961,851
Library 3,330,686
Schools 86,767,394
Other Educational Activities 13,814
Internal Service 2,132,139
Contingent Reserves 1,845,585
General Debt Service 10,283,070
Non-Departmental 5,948,082
Capital Projects Transfers out 11,019,390

TOTAL APPROPRIATIONS $ 286,425,287


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Section 3. That, pursuant to section 6.07 of the city charter, the sum of $286,425,287 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994 be and it hereby is further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $106,994,535
Non-Personnel Services 70,785,513
Capital Outlay 1,141,593
Library 3,330,686
Schools 86,767,394
Alexandria Transit Company Fund 3,584,378
Pilot Recycling Program 669,659
Equipment Replacement 2,132,139
Capital Projects Transfers Out 11,019,390

TOTAL APPROPRIATIONS $286,425,287

Section 4. That the sum of $286,425,287 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $143,290,000
Other Local Taxes 50,805,000
Permits, Fees and Licenses 1,169,173
Fines and Forfeitures 2,908,000
Intergovernmental Revenue 53,991,368
Charges for Services $ 15,205,781
Revenue from Use of Money and Property 4,826,000
Miscellaneous Revenue 582,787
Sale of Land 270,000
Budgeted Unreserved Fund Balance 13,377,178

TOTAL ESTIMATED REVENUE $286,425,287

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $11,019,390 be and it hereby is appropriated for capital improvement project expenditures of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994. This sum, which consists of the $11,019,390 appropriated as Capital Projects Transfers Out in section 2 of this ordinance, is appropriated to and for the following capital projects which are included in the fiscal year 1994 capital improvement budget adopted by city council on May 5, 1993: city project nos. 002-004, 003-014, 003-019, 004-001, 004-039, 004-003, 004-033, 004-015, 004-012, 004-179, 005-003, 005-016, 005-020, 009-039, 010-006, 010-002, 010-001, 011-083, 011-096, 011-090, 011-003, 011-104, 011-097, 011-075, 011-011, 012-003 and 016-001, and the Alexandria City Public Schools' capital projects identified in the schools' capital budget approved by the school board on February 18, 1993.

Section 6. That the sum of $11,019,390 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Capital Projects Transfers In $11,019,390

TOTAL ESTIMATED REVENUE $11,019,390
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Section 7. That the sum of $286,425,287 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit and major category of expenditure, to the following fund types maintained by the city, as set forth below:







34
35


Section 8. That the sum of $286,425,287 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1993 and ending on the thirtieth day of June 1994 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the following funds maintained by the city, as set forth below:







Section 9. That the sum of $94,811,740 be and it hereby is authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $14,988,160 Special Revenue Fund-General $14,988,160
General Fund 66,663,812 Special Revenue Fund-Schools 66,663,812
General Fund 11,019,390 Capital Project Fund 11,019,390
General Fund 2,140,378 Alexandria Transit Co. Fund 2,140,378

TOTALS $94,811,740 $94,811,740

Section 10. That this ordinance shall become effective upon the date and at the time of its final passage.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading 6/12/93
Final Passage: 6/12/93







36

43. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the city's regulations governing massage establishments and parlors to allow massage therapists, but not massage technicians, to perform seated massage on persons at their place of regular employment and to perform massages at public athletic events. (#26 6/8/93; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated June 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3636

AN ORDINANCE to add new subsections (4-1) and (11) to Section 11-4.1-1 (DEFINITIONS), to amend and reordain subsection (e) of Section 11-4.1-23 (BUSINESS LICENSES, HEALTH CARDS, REQUIRED PERMITS; DISPLAY), and to amend and reordain Section 11-4.1-33 (HOURS OF OPERATION), all of Chapter 4.1 (MASSAGE REGULATIONS), Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 11-4.1-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding new subsections (4.1) and (11) to read as follows:

Sec. 11-4.1-1. Definitions.

(4.1) Seated massage. Deep pressure point and muscle manipulation of the upper human body while the massage subject is fully clothed and seated in a chair.

(11) Athletic event. A gathering of more than 50 persons for the purpose of engaging in a competitive sporting activity, at a location that is open to the general public.

Section 2. That subsection (e) of Section 11-4.1-23 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:







37

Sec. 11-4.1-23. Business licenses, health cards, permits required; display.

(e) It shall be unlawful for any person to perform the services of a massage therapist at any location outside the physical confines of a duly licensed massage establishment; provided, that a massage therapist may perform a seated massage on a person at the person's place of regular employment between the hours of 9:00 a.m. and 6:00 p.m., and may perform a massage on a person at an athletic event, so long as the massage therapist (i) complies with the provisions of section 11-4. 1-32, (ii) complies, to the extent reasonably necessary, with the standards set out in section 11-4.1-31, (iii) provides written notice to the director, on a form provided and at a time specified by the director, of the location, date and time at which the seated massage is to be provided or the athletic event is to take place, and (iv) possesses his or her massage therapist permit and a picture identification while performing the massage.

Section 3. That Section 11-4.1-33 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. 11-4.1-33. Hours of operation.

No massage establishment may operate at any time other than between the hours of 6:00 a.m. through 9:00 p.m. daily. Massage establishments may be opened during these hours seven (7) days a week.

Section 4. That this ordinance shall become effective on July 1, 1993.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93

44. (a) Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the city's cigarette tax ordinance to clarify the powers of the Northern Virginia Cigarette Tax Board. (#28(a) 6/8/93; ROLL-CALL VOTE)

The City Clerk read the docket item.

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

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

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







38

The ordinance finally passed reads as follows:
ORDINANCE NO. 3637

AN ORDINANCE to amend and reordain Section 3-2-108 (POWERS OF THE NORTHERN VIRGINIA CIGARETTE TAX BOARD), of Article I (TAX ON SALE OF CIGARETTES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-108 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same is hereby amended and reordained to read as follows:

Sec. 3-2-108 Powers of the Northern Virginia Cigarette Tax Board.

(a) The board may delegate any of its powers to its administrator or employees and may adopt regulations regarding the administration and enforcement of the provisions of this article. The board shall be granted the following powers:

(1) to assess, collect and disburse the cigarette tax for each participating jurisdiction;

(2) to audit dealer sales of cigarettes for each participating jurisdiction;

(3) to provide information for criminal prosecution by the affected participating jurisdictions;

(4) to designate an administrator;

(5) to manage a general operating fund to ensure proper funding of board operations on an ongoing basis;

(6) to employ an auditor;

(7) to designate a depository bank or banks;

(8) to contract with one or more member jurisdictions for the provision of administrative services;

(9) to hold and convey personal, but not real, property;

(10) to enter into contracts;

(11) to hire, supervise and discharge its own employees;

(12) to contract for benefits for board employees; and

(13) to exercise any other powers granted to the board by the respective local ordinances and the Code of Virginia (1950), as amended.

(b) The board may employ legal counsel, bring appropriate court actions in its own name to enforce payment of the tobacco tax or penalties owed, and file tax liens against property of taxpayers hereunder.

(c) The board is authorized to enter into an agreement with the department of taxation under which a wholesaler, qualified to purchase Virginia revenue stamps, may qualify to purchase dual Northern Virginia Cigarette Tax Board stamps from the department of taxation either at its Richmond, Virginia, office or its northern Virginia branch office.







39

(d) The board may appoint certain employees as tobacco revenue agents, who shall be required to carry proper identification while performing their duties and who shall have the power to seize or seal any coin-operated vending machines, to seize any cigarettes, counterfeit stamps or other property found in violation of this article and to arrest upon reasonable and probable cause that a violation of this article has been committed. The board is authorized to provide its tobacco revenue agents with (i) firearms for their protection, (ii) emergency-equipped vehicles while on duty, and (iii) other equipment deemed necessary and proper.

(e) The board may exchange information relative to the sale, use, transportation or shipment of cigarettes with an official of any other jurisdiction entrusted with the enforcement of the cigarette tax laws of said other jurisdiction.

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

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93

44. (b) Consideration of Proposed Northern Virginia Cigarette Tax Board (NVCTB) Agreement and resolution granting the City Manager the authority to sign the proposed agreement. (#28(b) 6/8/93; ROLL-CALL VOTE)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council revoked City Resolution No. 362, dated February 18, 1975, pertaining to the joint administration of the cigarette tax by the NVCTB; (b) approved the proposed NVCTB agreement pertaining to the joint administration of the cigarette tax; and (c) adopted the resolution granting the City Manager the authority to sign the proposed agreement. The voting was as follows:

Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
RESOLUTION NO. 1650

WHEREAS, city council first enacted a cigarette tax ordinance for the city on May 8, 1969; and

WHEREAS, section 58.1-3832 of the Code of Virginia (1950), as amended, and section 2.05(f) of the city charter provide authority for the city to agree with other local governments for the joint administration of their cigarette tax ordinances by the Northern Virginia Cigarette Tax Board; and

WHEREAS, it appears to be advantageous for the city to cooperate with other Northern Virginia jurisdictions and to continue to participate in the joint administration of their local cigarette tax ordinances through the Northern Virginia Cigarette Tax Board;





40
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA

1. That the city council does hereby expressly approve the agreement between and among the City of Alexandria and certain other Northern Virginia jurisdictions pertaining to the administration of the city's cigarette tax ordinance by the Northern Virginia Cigarette Tax Board, a copy of which agreement is attached hereto and incorporated herein by reference.

2. That the city manager shall be, and she hereby is, authorized to execute the said agreement on behalf of the City of Alexandria.

3. That this resolution shall be effective upon its adoption.

Attachment: (Agreement)







41


ATTACHMENT 3
NORTHERN VIRGINIA CIGARETTE TAX AGREEMENT
THIS AGREEMENT, is entered into and dated as of the latest execution and acknowledgment by any party hereto, by and between (1) Fairfax County, Virginia; (2) City of Alexandria, Virginia; (3) City of Falls Church, Virginia;

(4) City of Fairfax, Virginia;

(5) Town of Clifton, Virginia;

(6) Town of Herndon, Virginia;

(7) Town of Vienna, Virginia;

(8) Town of Warrentown, Virginia;

(9) City of Manassas, Virginia;
(10) Town of Leesburg, Virginia; or any two or more of the foregoing;

WHEREAS, the parties hereto desire to enter an Agreement for the purpose of the reestablishment of the Northern Virginia Cigarette Tax Board for the joint administration, collection and enforcement of their respective Cigarette Tax Ordinances pursuant to the provisions of these ordinances and Section 15.1-1 and 58.10-3830, et seq., of the Code of Virginia, (1950), as amended;

NOW THEREFORE, the parties enter into the following agreement, which hereby revokes and replaces any prior similar agreements between or among the parties.

1



42

1. NAME AND DURATION

The Board shall be called the Northern Virginia Cigarette Tax Board. Its duration shall be perpetual, subject to the provisions of Paragraph B hereof.

2. MEMBERSHIP AND VOTING POWERS

The Board shall be composed of one representative from each jurisdiction hereinbefore named or later added with consent of the Northern Virginia Cigarette Tax Board. Said representative may designate an alternate to attend meetings and vote in his or her place; however, each jurisdiction shall be entitled to only one vote. Action of the Board shall be by majority vote.

3. OFFICERS AND MEETINGS

Each year, the Board shall elect a Chairman, Vice-Chairman and Secretary/Treasurer, who shall serve at the pleasure of the Board. The Officers of the Board shall be chosen from the jurisdictional representatives. Said officers shall be empowered to sign in the name of the Board on all legal documents, including bank deposits and withdrawals. The Board shall meet from time to time as deemed necessary by the Chairman.

4. POWERS OF THE BOARD

The Board shall be delegated the following powers:

a. Assessment, collection and disbursement of the cigarette tax for each participating jurisdiction;
b. Audit of the sale or use of cigarettes within each participating jurisdiction;
2


43

c. Provision of information for criminal prosecution by the affected participating jurisdictions;
d. Designation of an Administrator;
e. Management of a general operating fund to ensure proper funding of Board operations on an ongoing basis;
f. Employment of an auditor;
g. Designation of a depository bank or banks;
h. Contracting with a member jurisdiction for provision of administrative services;
i. To hold and convey personal property. The Board shall have no power to hold or convey real property;
j. To enter into contracts;
k. To hire, supervise and discharge its own employees;
1. To contract for benefits for Board Employees; and
m. Any other powers granted to the Board by the respective local ordinances and the Code of Virginia (1950), as amended.

5. LIABILITY INSURANCE

The Board shall maintain and have authority to secure insurance coverages as deemed appropriate. General liability insurance shall be maintained through a commercial policy, in limits of not less than $500,OOO.OO. Any liability in excess of the amounts of insurance coverage will be shared by the members of the Board proportionately based upon each jurisdiction's share of the number of taxable packs of cigarettes reported in the twelve (12) months preceding the incident which gave rise to the liability, as compared to the taxable packs of cigarettes reported during that same time period in all the participating jurisdictions.
3

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6. ADMINISTRATOR

Normal routine duties of the Board in administration and supervision of the Cigarette Tax ordinances shall be delegated to an Administrator, who shall be appointed by the Board to serve at the will of the Board under such terms and conditions as it deems appropriate. Actions and decisions of the Administrator shall bind the Board unless patently wrongful or the result of willful misconduct, but the Board may at any time overrule a decision or action by the Administrator subject to lawful rights of third parties.
The duties of the Administrator shall include, but are not limited to, the following:
a. Preparation of annual administrative cost estimates;
b. As authorized by the Board, employment of or contracting for staff assistance, equipment and supplies; providing employee benefits; and the establishment and administration of a retirement system covering officers and employees of the Board not covered by the retirement systems of participating jurisdictions or the Commonwealth of Virginia;
e. Preparation of reports as the Board may require;
d. Authorization of disbursements from Board accounts including, but not limited to, disbursements to the participating jurisdictions.

4


45

7. COLLECTION OF THE CIGARETTE TAX

The cigarette tax shall be assessed and collected on the basis of the "reporting method" according to the respective ordinances and according to the rules, regulations and procedures adopted by the Board.

8. DISBURSEMENT OF RECEIPTS, MANAGEMENT OF FUNDS

a. Disbursements shall be made to each participating jurisdiction on a monthly basis. Prior to disbursement to jurisdictions, expenses for the month shall be deducted from total revenues and allocated to the jurisdictions proportionately based upon the number of taxable packs of cigarettes reported within the jurisdiction during the month as compared to the total number of taxable packs of cigarettes reported in all the participating jurisdictions. The disbursement to each participating jurisdiction shall be determined by the tax rate of the jurisdiction multiplied by the taxable packs of cigarettes reported within the jurisdiction, plus interest and penalties, plus the jurisdiction's proportional share of all other revenues, less discounts and proportional expenses.
b. Total expenses for the fiscal year shall not exceed six (6) percent of total Board revenues for that year. The Board may, by majority vote, authorize an increase in expenses not to exceed an amount greater than an additional one (1) percent of the total Board revenues for that year. The Board shall maintain an operating fund of $25,000.00.
5



46

c. All monies, shall be deposited in the name of the Northern Virginia Cigarette Tax Board. All checks drawn on Board accounts shall require signature by the Administrator and one Board Officer.

9. TERMINATION

a. In the event any participating jurisdiction decides, by ordinance, to terminate its participation in the Board, notice to the Board shall be given sixty (60) days prior to its date of termination. The terminating jurisdiction shall receive within thirty (30) days of its date of termination its share of total revenues less proportionate expenses, operating fund and depreciated value of physical property used by the Board. The representative of such terminating jurisdiction shall not serve on the Board beyond the termination date.
b. In the event the number of jurisdictions which desire to continue to participate in the Board is less than two (2) in number, the Board shall be dissolved and shall cease to exist. In such event, the Board shall liquidate all assets and disburse to each jurisdiction participating at that time each such jurisdiction's share of the liquidated assets and all proceeds and monies held. Such distribution shall be based upon each jurisdiction's proportionate share of the number of taxable packs of cigarettes reported in the preceding twelve (12) months as compared to the taxable packs of cigarettes reported during that same time period in all the jurisdictions participating in the Board at the time the Board is dissolved.
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10. IMPLEMENTATION

Each jurisdiction shall by ordinance signify its desire to be a member of the Board and its acceptance of the provisions of this Agreement.

This Agreement shall take effect upon the signature of the proper officials of any two (2) of the jurisdictions below and shall take effect as to any other jurisdiction upon signature of the proper official of such jurisdiction.

FAIRFAX COUNTY, VIRGINIA By:
Title
__________________________
Date
CITY OF ALEXANDRIA, VIRGINIA By:
Title
__________________________
Date
CITY OF FALLS CHURCH, VIRGINIA By:
Title
____________________________
Date

CITY OF FAIRFAX, VIRGINIA By:
Title
_____________________________
Date

CITY OF MANASSAS, VIRGINIA By

Title
_____________________________
Date

TOWN OF HERNDON, VIRGINIA By:
Title
_____________________________
Date

TOWN OF VIENNA, VIRGINIA By:
Title
_____________________________
Date

TOWN OF WARRENTOWN, VIRGINIA By:
Title
_____________________________
Date

TOWN OF CLIFTON, VIRGINIA By:
Title
_____________________________
Date

TOWN OF LEESBURG, VIRGINIA By:

_____________________________ Title
Date

8


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45. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize the city, when procuring goods and services to be used by clients of the community services board, of public assistance programs or of the fuel assistance program, or clients funded under the Comprehensive Services Act for At-Risk Youth and Families, to procure the goods and services without competitive sealed bidding or competitive negotiation. (#29 6/8/93; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated 6/2/93, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3638

AN ORDINANCE to add a new subsection (e) to Section 3-3-74 (MISCELLANEOUS SOURCES), of Article D (CONTRACT FORMATION AND METHODS OF SOURCE SELECTION), Chapter 3 (PURCHASES AND CONTRACTUAL SERVICES), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-3-74 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same is hereby amended by adding a new subsection (e) to read as follows:

(e) Purchases of goods and personal services for direct use by individual recipients of services under the public assistance programs administered by the department of human services, the fuel assistance program administered by the department or human services, the mental health, mental retardation or substance abuse programs administered by the community service board and the department of mental health, mental retardation and substance abuse, or the Comprehensive Services Act for At-Risk Youth and Families administered in the city by the Alexandria community management and policy team established by section 12-12-1 of this code.

Section 2. That this ordinance shall become effective upon July 1, 1993.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93



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46. (a) Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend various provisions of the city code that establish a fee to be charged the recipients of services provided by the city, to provide that such fees are to be set by council resolution. (#30(a) 6/8/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46 (a); 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3639

AN ORDINANCE to amend and reordain subsection (a) of Section 5-1-53 (SAME--INSPECTION OF PREMISES, VEHICLES AND CERTAIN SOLID WASTE CONTAINERS PRIOR TO ISSUANCE; ISSUANCE OR DENIAL OF PERMIT; APPLICABLE FEES), Article E (PRIVATE COLLECTORS), Chapter 1 (SOLID WASTE CONTROL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) and to amend and reordain subsection (b) of Section 8-1-111 (APPLICATIONS), Article G (RESIDENTIAL RENTAL PERMITS), Chapter 1 (BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (a) of Section 5-1-53 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:

(a) The director, before issuing any permit, shall cause an inspection to be made of the premises within the city and vehicles named and described in the application for a permit under this article for the purpose of determining whether the premises and vehicles comply with the provisions of this article, including but not limited to the standards established in section 5-1-59 of this article. The director shall also inspect all dumpster-type containers (three to 10 cubic yard capacity) and all roll-off containers (20 to 40 cubic yard capacity). If the director shall be satisfied from the inspection that the premises, vehicles and containers are in conformity with this chapter, he shall issue, or cause to be issued, upon payment by the applicant to the city of a fee per vehicle to be used in the city and a fee per container, said fees to be set by resolution of city council, a permit authorizing the applicant to collect, transport or dispose of solid waste, ashes, yard debris and recyclable material, in the city.





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If the director shall not be so satisfied, or if the applicant has refused the director the right to enter and inspect any premises, except the interior of any residence, and vehicles pursuant to section 5-1-55 for the purpose of enforcing the provisions of this article, he shall deny the application and advise the applicant in writing of the denial setting forth the reasons therefor.

Section 2. That subsection (b) of Section 8-1-111 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. 8-1-111 Applications.

(b) The fee for issuance or renewal of a residential rental permit shall be established by resolution of the city council and payment of such fee shall be made with the filing of the application.

Section 3. That this ordinance shall become effective on July 1, 1993.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93



46. (b) Public Hearing and Consideration of a Resolution setting forth a schedule of fees to be charged recipients of various services provided by the City. (#30(b) 6/8/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46 (b); 6/12/93, 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.

(General Discussion. Members of Council asked questions of Fire Marshal Conner, Ms. Evans, Assistant City Manager, the City Attorney, and Mr. Platky, Director of Management and Budget.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The resolution reads as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1651

WHEREAS, under section 2.06 of the city charter, city council has the authority to establish fees to be charged for services provided by the city; and


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WHEREAS, a Comprehensive Fee Study, which compares the city's fees and charges for services with the fees and charges for the same services offered by neighboring Northern Virginia jurisdictions, was presented to city council at its April 1, 1993, budget work session, and was approved by council at its April 27, 1993, meeting, at which time staff was instructed to take the steps necessary to implement the study's recommendation that certain new fees be imposed and other fees be increased; and

WHEREAS, city council has determined that it is necessary and desirable to impose the new and increased fees, set forth below, for certain services that are provided by the city; and

WHEREAS, city council has also determined to maintain in fiscal year 1994 the fee charged, under city code section 5-1-34, for the collection and disposal of solid waste, ashes and yard debris;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA

1. That the following schedule of fees shall be in force and effect in the City of Alexandria, unless and until amended by council:

Small appliance installation $ 25.00
replacement permit fee

Minimum building, mechanical, $ 30.00
electrical and plumbing permit fee

Residential rental permit fee (per $ 3.00
dwelling unit)

Police accident report fee $ 3.00

Police criminal records check fee $ 5.00

Fire and ambulance report fee $ 3.00

Private solid waste hauler vehicle
tags:

light truck $ 18.00
non-mechanized truck $ 30.00
mechanized truck $ 60.00

Solid waste container inspection
fee

dumpster-type container $ 3.00
roll-off container $ 5.00

Police insurance verification fee $ 3.00
Building code compliance date $25.00
extension fee

Building code modification fee $100.00

Fire hydrant flow rate testing fee $200.00

Co-payment for new street trees:

ornamental tree $ 50.00
shade tree $ 75.00







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2. That the annual fee authorized by city code section 5-1-34 for the collection and disposal of solid waste, ashes and yard debris shall, in fiscal year 1994, be $140.00

3. That this resolution shall be effective July 1, 1993.

47. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to require members of the community policy and management team to file annual financial disclosure statements. (#31 6/8/93; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated June 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3640

AN ORDINANCE to add a new subsection (11) to Section 2-5-11 (FINANCIAL DISCLOSURE STATEMENT REQUIRED), of Article B (FINANCIAL DISCLOSURE), Chapter 5 (OFFICERS AND EMPLOYEES), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-5-11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new subsection (11) to read as follows:

Sec. 2-5-11 Financial disclosure statement required.

(a) In addition to those public officials and employees who may be required by the State and Local Government Conflict of Interests Act, Va. Code section 2.1-639.1 et seq., to file annual financial disclosure statements, all persons holding the following offices or positions in the city shall file an annual financial disclosure statement on a form prepared by the secretary of the commonwealth in accordance with the provisions of the State and Local Government Conflict of Interests Act. Such forms shall be filed in the office of the city clerk on or before January 15.

(11) Members of the community policy and management team created by section 12-12-1 of this code.







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

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93

48. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to adopt regulations governing the towing and storage of motor vehicles that are removed from private property within the city without the consent of the vehicle owner or driver, including a schedule of the maximum fees that may be charged for such towing and storage. (#32 6/8/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated 6/4/93, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 6/12/93, 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. 48; 6/12/93, and is incorporated herewith as part of this record reference.)

The City Clerk read the docket item.

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

Bruce L. Hecox, 5609 Vine Street, representing Virginia Association of Towing and Recovery Operators, spoke against the proposed ordinance and indicated that prices should remain in line with state law; and

Jason Harris, 2810 Hartland Road, Falls Church, representing HENRY'S Wrecker Service, spoke against the ordinance and about the process.

(General Discussion. Members of City Council, the City Attorney, and Ms. Boyd, Director of Citizen Assistance, participated in the discussion.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading, as amended by changing the effective date [for signage requirements] to November 1, 1993. The voting was as follows:

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

The ordinance finally passed as amended reads as follows:







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ORDINANCE NO. 3641

AN ORDINANCE to add a new Chapter 13 (TOWING AND STORAGE OF MOTOR VEHICLES) to Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Title 9 of the Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Chapter 13 to read as follows:
CHAPTER 13
Towing and Storage of Motor Vehicles
Sec. 9-13-1 Definitions.

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

(a) "Motor vehicle" or "vehicle" means:

(b) "Retrieval fee" means the compensation payable for the retrieval of a towed motor vehicle, during the periods of time prescribed in section 9-13-3(a)(3), from a facility owned, operated, leased or used by a tow truck service, whether that facility is located within or beyond the City of Alexandria.

(c) "Storage fee" means the compensation payable for the storage of a towed motor vehicle that has been stored at or in a facility owned, operated, leased or used by a tow truck service, whether that facility is located within or beyond the City of Alexandria.

(d) "Tow," "tows," or "towing" means the act of removing, by tow truck, a motor vehicle from privately-owned property within the City of Alexandria where it is parked. The mere preparation of a motor vehicle for removal by a tow truck or the attachment of a motor vehicle to a tow truck, or both, does not, for purposes of this chapter, constitute a "tow" or "towing."

(e) "Towing fee" means the compensation payable for the towing of a motor vehicle.

(f) "Tow truck service" means any individual or entity that has paid, or is required to pay, the business privilege tax authorized by state law and imposed by section 9-1-73 of this code, and that tows motor vehicles for compensation, and includes any authorized agent or legal representative of such individual or entity. The term does not, for purposes of this chapter, include an individual or entity that removes motor vehicles from public streets and other locations, pursuant to a contract with the City of Alexandria.

(g) "Tow truck" means any truck used by a tow truck service to tow a motor vehicle.

(h) "Tow truck operator" or "operator" means any individual who, as an employee of or otherwise for a tow truck service, tows motor vehicles.


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Sec. 9-13-2 Applicability.

This chapter applies (i) to the towing, by a tow truck service, of motor vehicles from privately-owned property within the City of Alexandria without the consent of the vehicle owner or driver, (ii) to the fees that are charged for such towing of vehicles, and (iii) to the fees that are charged for the storage and retrieval of such towed vehicles. The chapter does not apply to the towing of motor vehicles from public streets and other locations within the city that is performed pursuant to a contract with the City of Alexandria, or to the storage of such vehicles.

Sec. 9-13-3 Towing and storage fees and regulations.

(a) The maximum fees that may be charged for the towing of motor vehicles and for the storage and, when specifically authorized by this section, the retrieval of such towed vehicles are as follows:

(1) for the towing of a motor vehicle, the maximum fee shall be $75.00;

(b) It shall be unlawful for any person to charge a towing fee, storage fee or retrieval fee that exceeds the fees established by subsection (a).

(c) Any towed motor vehicle that is covered by this chapter shall be towed directly to and stored at a facility located in the City of Alexandria or in the Commonwealth of Virginia within three miles of the boundaries of the City of Alexandria. It shall be unlawful for any person to cause a towed vehicle to be stored at a facility more than three miles beyond the boundaries of the City of Alexandria.

(d) If the facility at which a towed motor vehicle is stored is located outside the City of Alexandria in a jurisdiction that has enacted a regulation limiting the fees that may be charged for the storage of towed vehicles and such ordinance applies to vehicles towed from the city, that jurisdiction's storage fee regulations shall apply.

(e) If the owner of a motor vehicle is present and capable of removing the vehicle before it is removed by a tow truck operator, the vehicle shall not be towed; provided, that in such an event, the owner of the vehicle shall be liable for a reasonable fee, not to exceed $25.00, in lieu of towing, payable to the tow truck operator.

Sec. 9-13-4 Notice of tow.

Prior to towing any motor vehicle, the tow truck service or operator shall contact the city's police department and provide the following information:

(a) the name of the tow truck service and operator;

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(b) a description of the vehicle to be towed, including its year, make, model, vehicle identification number and license plate number;

(c) the date and time of the tow;

(d) the address of the location from which the vehicle is being towed; and

(e) the name and address of the facility to which the vehicle is to be delivered and stored, and from which the vehicle may be retrieved.

Sec. 9-13-5 Hours of operation of storage facilities.

Any tow truck service that tows a motor vehicle from a location within the city shall take the vehicle to a storage facility from which towed vehicles may be retrieved 24 hours a day.

Sec. 9-13-6 Methods of payment.

A tow truck service, tow truck operator and storage facility operator shall accept payment for towing fees, storage fees, retrieval fees and the "in lieu of towing" fee set out in section 9-13-3(e) in each of the following ways:

(a) cash in United States currency;

(b) travelers' checks or money orders payable in United States currency; and

(c) any credit or charge card that the tow truck service, tow truck operator or storage facility operator is authorized by the issuing credit or charge card company to accept, and that is accepted by the service or operator in the ordinary course of business.

Sec. 9-13-7 Receipt.

Upon payment of all towing, storage and, if applicable, retrieval fees, the tow truck service or storage facility operator, as the case may be, shall immediately give the vehicle owner or custodian a written receipt that contains the following information:

(a) the name and address of the tow truck service;

(b) the address from which the vehicle was towed;

(c) the date and time that the vehicle was towed;

(d) the date and time that the vehicle entered the facility at which it was placed for storage;

(e) an itemized list of all the fees that are being charged; and

(f) a signature of an authorized representative of the tow truck service.

Sec. 9-13-8 Posting of fees.

At every place of business where towing fees or storage fees, or both, are collected, there shall be prominently displayed a sign containing a list of the fees imposed for towing and storage services, which sign shall state that the listed fees do not exceed the maximum fees allowed by law and shall refer to section 9-13-3 of this code. Any fee or charge in excess of those posted is prohibited.



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Sec. 9-13-9 Towing log or similar record.

Every tow truck service shall maintain a separate log or similar record which shall show, for each motor vehicle that it has towed from a location within the City of Alexandria, the following information:

(a) the date and time that the vehicle was towed;

(b) the date and time that the vehicle entered the facility at which it was placed for storage;

(c) the make, model, year, and license plate number of the vehicle;

(d) the address of the property from which the vehicle was removed;

(e) the total mileage of the tow; and

(f) the towing and storage fees actually charged.

Such log or record shall be maintained for a period of at least one year from the date of each tow, and shall be made available, during normal business hours, for inspection by the city. In addition, the portion of such log or record pertaining to a particular motor vehicle shall be made available, during normal business hours, for inspection by the owner of the vehicle.

Sec. 9-13-10 Warning signs.

It shall be unlawful for any tow truck service or operator to tow a motor vehicle unless the area in which the vehicle is parked has posted, at each entrance, a legible sign of a minimum area of four square feet that contains the following:

(a) a pictorial symbol of a tow truck;

(b) a statement, in letters not less than three inches in height, to the effect that any trespassing motor vehicle within the area is subject to towing and storage at the expense of the vehicle owner;

(c) if applicable, the hours and days of the week when trespassing vehicles are subject to towing; and

(d) a telephone number, other than that of the city police department, that may be called 24 hours a day for information regarding the retrieval of a towed vehicle; provided, that the requirements of this section shall not apply to areas providing parking for single-family, two-family and townhouse dwellings, as such dwellings are defined in the city zoning ordinance.

Sec. 9-13-11 Penalty.

Any person violating a provision of this chapter shall, upon conviction, be punished by a fine not to exceed $250 for each violation; provided, that if, in any 12-month period, a person is convicted of having violated one or more provisions of this chapter in conjunction with the towing of more than one motor vehicle, the punishment for each violation in conjunction with the second and with any subsequent tow in the 12-month period shall be a fine not to exceed $500.







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Section 2. That this ordinance shall become effective on August 1, 1993, with the exception of new city code section 9-13-10 which shall become effective on November 1, 1993.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93


49. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to clarify that the Zoning Ordinance's requirement that uses in certain zones must operate within an enclosed building does not prohibit the operation of an outdoor restaurant or cafe, where such restaurant or cafe is specifically approved by special use permit. (#33 6/8/93; ROLL-CALL VOTE)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3642

AN ORDINANCE to amend and reordain Section 7-1500 (OUTDOOR DISPLAY, SALE OR STORAGE OF GOODS OR MERCHANDISE) of Article VII (SUPPLEMENTAL ZONE REGULATIONS) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 7-1500 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto new subsections (D) and (E) to read as follows:

(D) The outdoor display, sale or storage of goods or merchandise on areas not subject to subsection (A) is prohibited in all commercial, office and industrial zones to the extent not expressly authorized by the use limitations set forth in the regulations applicable to such zones.

(E) Notwithstanding the provisions of subsection (D) and the use limitations in the zones referred to therein, outdoor restaurant seating, and the sale and service of food and beverage for consumption at such seating, shall be allowed to the extent expressly authorized in a special use permit governing the operation of the entire restaurant.

Section 2. That Section 7-1500 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.


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Section 3. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board or before city council, or are pending on judicial review, and to all such applications which may be filed after such date.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93

51. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend Zoning Ordinance section 7-1202 to eliminate the special use permit requirement for certain freestanding padmounted transformers. (#35 6/8/93; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated June 9, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 51; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of VEPCO's letter dated June 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 51; 6/12/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Casey's letter dated June 11, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 51; 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Kenneth A. Schutz, 907 W. Glebe Road, representing Virginia Power, spoke against the ordinance.

General Discussion. Members of City Council, the City Attorney, Mr. Lynn, Director of Planning and Community Development, and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion.)

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilmen Jackson and Speck and carried unanimously, City Council closed the public hearing; referred the substitute ordinance for redrafting by the City Attorney; and scheduled second reading and final passage by the City Council on June 22. The voting was as follows:

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







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52. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to increase the height of structures allowed in Cameron Center CDD-3 from 200 feet, with an average height of 150 feet, to 225 feet, with a variety of heights. (#36 6/8/93; ROLL-CALL VOTE)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3643

AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS) of Article V (MIXED USE ZONES) of the City of Alexandria Zoning Ordinance.

Section 1. That paragraph (3) of Section 5-602(A) of the City of Alexandria Zoning Ordinance be, and same hereby is, amended to read as follows:





Section 2. That Section 5-602 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 3. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or are pending judicial review, and to all such applications which may be filed after such date.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93




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53. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk at 606 North Washington Street for a wall sign. (#37 6/8/93; ROLL-CALL VOTE)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by 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"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3644

AN ORDINANCE authorizing the owner of the property at 606 North Washington Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way at 606 North Washington Street, in the City of Alexandria, Virginia.

WHEREAS, the Society for Human Resource Management is the owner of the property located at 606 North Washington Street in the City of Alexandria, Virginia; and

WHEREAS, the Society for Human Resource Management desires to establish and maintain a brick and precast concrete wall and sign, approximately 7 feet, 9 inches in height, 9 feet, 4 inches in length and 2 feet in depth, which will encroach into the public sidewalk right-of-way at 606 North Washington Street by an estimated 2 feet; and

WHEREAS, the public right-of-way at that point on 606 North Washington Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Society for Human Resource Management and its successors in title (hereinafter collectively, the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 606 North Washington Street in the City of Alexandria, said encroachment consisting of a brick and precast concrete wall and sign measuring 7 feet, 9 inches in height, 9 feet, 4 inches in length and 2 feet in depth, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.




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Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 6. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.



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

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93

54. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a portion of Mill Road near 2901 Eisenhower Avenue and 233 Telegraph Road. (#38 6/8/93; ROLL-CALL VOTE)

The City Clerk read the docket item:

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3645

AN ORDINANCE to vacate a portion of Mill Road, consisting of 9,301 square feet, located near 2901 Eisenhower Avenue and 233 Telegraph Road, in the City of Alexandria, Virginia.

WHEREAS, Alexandria Research Center Limited Partnership ("Applicant"), which the owner of the property at 233 Telegraph Road and 2901 Eisenhower Avenue in the City of Alexandria, has applied for the vacation of a portion of Mill Road which borders Applicant's property at 233 Telegraph Road and which measures an estimated 456 feet in length by 4.52 feet to 38.15 feet in width, totaling 9,301 square feet; and

WHEREAS, the portion of the Mill Road to be vacated by this ordinance is shown on the plat entitled "Plat Showing Vacation of a Portion of Mill Road," prepared by Holland Engineering and dated January 14, 1993 ("Plat") (attached hereto and incorporated herein by reference); and

WHEREAS, the vacation of this portion of Mill Road has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, pursuant to 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, Applicant shall convey to the city

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9,301 square feet of land on the north side of the parking lot Applicant proposes to construct on tax map parcel nos. 72.00-06.02 and 72.00-06-03, to be used for the realignment of the Mill Road right-of-way, the precise location of said 9,301 square feet to be determined by the director of transportation and environmental services.

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the portion of Mill Road to be vacated by this ordinance is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the portion of Mill Road that is shown on the attached Plat and described thereon as "to be vacated" be, and the same hereby is, vacated.

Section 2. That this vacation be, and the same hereby is, subject to Applicant complying with the condition that it convey to the city 9,301 square feet of land on the north side of the parking lot it proposes to construct on tax map parcel nos. 72.00-06.02 and 72.00-06-03, to be used for the realignment of the Mill Road right-of-way, the precise location of said 9,301 square feet to be determined by the director of transportation and environmental services.

Section 3. That this vacation also be, and the same hereby is, subject to the Applicant's consolidation of the land vacated by this ordinance with Applicant's existing lot (tax map parcel no. 72.00-06-03) or, with the approval of the director of transportation and environmental services, with other land owned by Applicant, and to the delivery to the city of a certified copy of the recorded plat showing such consolidation.

Section 4. That the city manager be, and she hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 5. That the city clerk be, and she hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not become effective until the conditions set forth above in sections 2 and 3 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the conditions set forth in sections 2 and 3 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of ALEXANDRIA RESEARCH CENTER LIMITED PARTNERSHIP, and such recordation shall be done by the Applicant at its own expense.

PATRICIA S. TICER
Mayor
Attachment

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93


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55. Public Hearing. Second Reading and Final Passage of AN ORDINANCE increasing fees from $50 to $88.50 for a variety of fees charged for services provided by the City under the Virginia State Fire Prevention Code. (#39 6/8/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 55; 6/12/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3646

AN ORDINANCE to amend and reordain subsection (2) of Section 4-2-21 (CHANGES IN VIRGINIA STATEWIDE FIRE PREVENTION CODE), Article B (FIRE PREVENTION), Chapter 2 (FIRE PROTECTION AND PREVENTION), Title 4 (PUBLIC SAFETY) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (2) of Section 4-2-21 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. 4-2-21 Changes in Virginia Statewide Fire Prevention Code.

The Virginia Statewide Fire Prevention Code is deleted, modified or amended in the following respects:

(2) Article 1, section F-104.0, subsection F-104.9 is amended to read:

F-104.9. Fees.

A permit shall not be issued until the required fees have been paid to the director of finance of the city or as he or she shall direct. The following fees shall be charged for permits required by the designated article; provided, however, that the fire marshal may waive any fee payable by the city or its agents.

Article 3- -Bonfires and other outdoor burning........................ $ 88.50

Non Profit or Charitable Groups.................................................. $ 10.00

Article 3--Use of open flame device to remove
paint and sweating pipe................................................................. $ 88.50

Article 3--Storage of combustible or flammable materials
(in excess of 2,500 cubic feet)...................................................... $ 88.50



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Article 5--Installation, modification or repairing of
fire protection systems................................................................................... $ 88.50

Article 8--Operation of airport, heliport or
helistop................................................................................................................ $ 88.50

Article 9--Application of flammable finishes.......................................... $100.00

Article 10--Bowling establishments, pin and lane
refinishing........................................................................................................... $ 88.50

Article 11--Crop ripening or color processes......................................... $ 88.50

Article 12--Dry cleaning plants.................................................................... $ 88.50

Article 13--Dust producing processes...................................................... $ 88.50

Article 14--Fumigation and thermal insecticidal
fogging...............................................................................................................$100.00

Article 15--Timber yards and wood working plants
(storage or use of more than 100,000 board feet).................................$ 88.50

Article 16--Oil wells and gas production.................................................$100.00

Article 17--Places of assembly and education
(those solely religious are exempted).....................................................$100.00

Article 18--Semiconductor fabrication facilities
and facilities using or storing hazardous production
materials...........................................................................................................$100.00

Article 20--Vehicle wrecking yards, junk yards and
waste material handling plants...................................................................$ 88.50

Article 21--Welding or cutting, acetylene generators,
calcium carbonide storage.........................................................................$ 88.50

Article 23--Combustible fibers (storage or
handling)...........................................................................................................$ 88.50

Article 24--Compressed gases (use, storage or
handling)...........................................................................................................$ 88.50

Article 25--Cryogenic liquids (production, use,
storage or sales)...........................................................................................$ 88.50

Article 26--Explosives, ammunition and blasting
agents:

Storage and transportation...............................................................$ 88.50
Use (each site)......................................................................................$ 88.50

Article 27- -Fireworks display..................................................................$100.00

Article 28--Flammable and combustible liquids
(manufacture, use, transportation or storage).....................................$ 88.50

Article 28--Placement of stationary tank
temporarily out of service or back in service.....................................$ 88.50

Article 28--Operation of service station and
garages........................................................................................................$100.00

Article 29- -Hazardous materials and chemicals
(use, handling and storage)...................................................................$100.00

Article 31- -Magnesium (working of more than 10 pounds
per day).........................................................................................................$ 88.50

Article 32- -Matches (manufacture of or storage of
more than 25 cases).................................................................................$ 88.50


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Article 33- -Organic coating (manufacture of or
use of more than 1 gallon per day)....................................................$ 88.50

Section 2. That this ordinance shall become effective on July 1, 1993.

PATRICIA S. TICER
Mayor

Introduction: 6/8/93
First Reading: 6/8/93
Publication: 6/10/93; 6/11/93
Public Hearing: 6/12/93
Second Reading: 6/12/93
Final Passage: 6/12/93

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR 56 - 66

56. MPA #93-001 - Public Hearing and Consideration of an amendment to the Old Town Small Area Plan chapter of the Master Plan to modify the policy with respect to new restaurants in Old Town. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Deferral 6-0.
Reason: To permit staff time to resolve issues.

57. TA #93-011 - Public Hearing and Consideration of an amendment to the Zoning Ordinance of the City of Alexandria, Virginia, to allow owners of noncomplying structures to make vertical additions within the same footprint or additions in line with the existing building line with a special use permit. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Deferral 6-0.
58. TA #93-016 - Public Hearing and Consideration of an amendment to Section 2-138 (Definitions) and the adoption of a new Section 7-1600 (Supplemental Regulations) of the Zoning Ordinance of the City of Alexandria, Virginia, which together would allow more than eight (8) townhouses in a single structure when approved with a special use permit. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Deferral to 9/93 6-0.
Reason: To permit staff time to resolve legal issues.

59. ENCROACHMENT #93-002 - Public Hearing and Consideration of a request for an encroachment into the public street right-of-way for a brick fence and landscaping for the property located in the 200 block of Holly Street; zoned R-8, Residential. Applicant: Virginia Building Corporation, by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend Deferral 6-0.
60. TA #93-020 - Public Hearing and Consideration of the adoption of Section 11-1300 (Board of Zoning Appeals--Special Exception) to the Zoning Ordinance of the City of Alexandria, Virginia, to provide for a new process by which the Board of Zoning Appeals may grant relief from the Zoning Ordinance in the form of a special exception in specified cases. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Deferral 6-0.
Reason: Staff requested deferral of this item.

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61. SUP #2352-A - Public Hearing and Consideration of a one-year extension to Special Use Permit #2352 for construction of the North Royal Street Plaza development, a 79,658-square-foot office project. The property is zoned CDX, Commercial Downtown. Applicant: First American Metro, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Deferral 6-0.
62. SUP #2079-B - Public Hearing and Consideration of a request for a Special Use Permit to add outdoor seating to the existing restaurant located at 247 South Van Dorn Street, within the Van Dorn Plaza Shopping Center; zoned CG, Commercial General. Applicant: Robert D. Dama; Yogurt, Ice Cream & Churros, Inc.

COMMISSION ACTION: Recommend Deferral 6-0.
Reason: Applicant failed to send legal notice.

63. SUP #2589-A - Public Hearing and Consideration of a request for an amendment to Special Use Permit #2589 for parcel A of the residential project known as "Stonegate," involving 76 townhouse units, located at 4601 West Braddock Road. The amended special use permit would increase the size of the units and would allow more than eight townhouses in a single row. The applicant is requesting modifications and waivers to the zoning requirements. The property is zoned RC, Residential with proffers. Applicant: Pulte Home Corporation, by Duncan Blair, attorney.

COMMISSION ACTION: Recommend Deferral 6-0.
64. SUP #2600-A - Public Hearing and Consideration of a request for a Special Use Permit to extend the time to commence operation of the proposed restaurant located at 904-906 King Street; zoned CD, Commercial Downtown. Applicant: John W. Cavanaugh, III.

COMMISSION ACTION: Recommend Withdrawal 6-0.
Reason: Applicant requested withdrawal.

65. SUP #2695 - Public Hearing and Consideration of a request for a Special Use Permit to expand a noncomplying use (automobile repair garage) to include automobile sales for the property located at 3600 Jefferson Davis Highway; zoned CDD #7, Coordinated Development District (Route 1 Properties). Applicant: Bijan's Auto Sales, by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Deferral to 9/93 6-0.
66. SUP #2701 - Public Hearing and Consideration of a request for a Special Use Permit to operate a palm reading business (amusement enterprise) located at 112 King Street; zoned CD, Commercial Downtown. Applicant: Eda Megel, by John T. Donelan, attorney.

COMMISSION ACTION: Recommend Deferral-6-0.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR







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WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council accepted the deferral/withdrawal consent calendar, Item Nos. 56 through 66. The voting was as follows:

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

THEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried unanimously, at 7:09 p.m., the Public Hearing Meeting of Saturday, June 12, 1993, was adjourned. The voting was as follows:

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

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Jackson and carried unanimously, at 7:10 p.m., City Council reconvened the Public Hearing Meeting. The voting was as follows:

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

New Business Item No. 1: Ms. Evans, Assistant City Manager, indicated that the Alexandria Redevelopment and Housing Authority wants an Executive Session with City Council on Wednesday, June 30, 1993. This will be scheduled at the Regular Meeting of Tuesday, June 22, 1993.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, at 7:11 p.m., the Public Hearing Meeting of Saturday, June 12, 1993, was adjourned. The voting was as follows:

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



APPROVED BY:


PATRICIA S. TICER MAYOR



ATTEST:



______________________________
Beverly I. Jett, CMC City Clerk







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This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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