Special Public Hearing Meeting
Saturday, December 11, 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; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Ms. Ross, Deputy Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mrs. Godwin, Director of Management and Budget; Mr. Kauffman, Director of Recreation, Parks, and Cultural Activities; Ms. Boyd , Director of Citizen Assistance; Ms. Beidler, Registrar of Voters; Mr. Nayak, Elections Administrator; Mr. O'Brien, Director of Library; Mr. Schott, Director of General Services; Mr. Neckel, Director of Finance; Mr. Sheldon, Bond Counsel; Mr. Brannan, Assistant City Manager; Mr. Barbash, Consumer Affairs Administrator; Lieutenants Crawford and Robbins, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)
(a) Virginia Drewry, 118 Prince Street, representing Old Town Civic Association, spoke in opposition to the legislative initiative to revise the open meeting portion of the Virginia FOIA.
(b) John Chapman Gager, representing Friends of Homeless Animals and
Old Town Yacht Basin, spoke during this period.
(c) Rod Kuckro, 209 E. Alexandria Avenue, president, Alexandria Federation of Civic Associations, conveyed the Federation's position on several items in the City's proposed legislative package. The Federation voted to urge Council not to change the process by which amendments to the master plan are approved; opposed any change in the Freedom of Information Act; and voted in favor of asking City Council to seek the authority to allow advisory referenda in Alexandria; a copy of Mr. Kuckro's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of this item.
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REPORTS OF BOARDS COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 19
Planning Commission
POINT OF CLARIFICATION: The City Council removed and acted upon separately the following docket items in this order: 5, 7, 18, 19, 3, and added 28, before they acted upon the Action Consent Calendar. Without Objection, City Council agreed to Councilman Jackson's request to remove Docket Item No. 17 from the Action Consent Calendar before they voted on the Action Consent Calendar. Once Council voted on the Action Consent Calendar, it considered Docket Item No. 17.
5. SUP #2200-A - Public Hearing and Consideration of a request for a special use permit to extend the validity of the special use permit for automobile sales and storage located at 111-119 East Reed Avenue; zoned CSL, Commercial Service Low and RB, Residential. Applicant: National Car Rental Systems, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Blair's letter dated December 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 12/11/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Duncan W. Blair, 510 King Street, attorney representing National Car Rental, spoke in support of the extension of the special use permit with a request that it be extended for a period of ten years to correspond with the terms of the applicant's Lease.
Members of City Council participated in the public hearing and asked questions of Mr. Blair.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Speck 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 the deleted Condition #5 by the Planning Commission and City Council approved the special use permit for a ten-year lease [term] with a five-year review. The voting was as follows:
Cleveland "aye" Donley "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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7. SUP #2569-C - Public Hearing and Consideration of a review of a special use permit for the existing restaurant with carry-out service located at 634 South Fairfax Street; zoned CL, Commercial Low. Applicant: Young Ja Lee.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/11/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Donley explained to Council that the applicant had brought it to his attention because notice of this particular item was given to the adjoining property owners referencing December 18 rather than December 11. Proper notice was displayed at the site and also given about the Planning Commission meeting; however, there is an issue of effective notice and the City Attorney suggested that Council defer this until January, keeping it at the Council level since proper notice was given for the Planning Commission.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council kept this item at the Council level and deferred this item to the January public hearing [January 22, 1994] of City Council. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck "aye"
18. SUP #1661-D - Public Hearing and Consideration of a request for a special use permit to amend the hours of operation of the restaurant known as the Snuggery Cafe located at 2000 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Chanel, Inc., t/a The Snuggery, by Robert Test, attorney.
COMMISSION ACTION: Recommend Approval 5-1
NOTE: The applicant has requested that this item be withdrawn.
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Papageorge's letter dated December 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 12/11/93, and is incorporated herewith as part of this record by reference.
Copies of communications received pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 18; 12/11/93, and are incorporated herewith as part of this record by reference.)
WHEREUPON, a motion was made by Council Member Rich to deny the request for withdrawal; which motion was seconded by Councilman Donley for purposes of discussion.
(General Discussion. There was considerable discussion by the Members of City Council with respect to permitting the applicant to withdraw his special use permit.
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Michael Brown, 18 E. Custis Avenue, president, Del Ray Citizens Association, spoke in support of the applicant's request to withdrawal and answered questions;
Thomas Papageorge, 2000 Mt. Vernon Avenue, the applicant, made a representation to Council that he will keep the door closed except for service deliveries.
Katherine Langstaff, 108 E. Howell Avenue, spoke to keeping the Howell Street door closed and raised concerns about late night noise.
Council Member Rich asked questions of Mr. Papageorge.)
Council Member Rich withdrew his motion.
WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Vice Mayor Cleveland that City Council allow them to withdraw their request for the Special Use Permit.
(Further Discussion. Councilwoman Pepper stated that the withdrawal is granted with the understanding that they are going to keep the [Howell Street] door closed and that they will continue and increase efforts to be very good neighbors and to monitor their own area for boisterous behavior of patrons as a courtesy to the neighbors.
Councilman Donley explained to the applicant that the door is not part of a condition to the special use permit, but he, being the applicant, is making a representation to Council that he is going to keep it closed. In terms of using it for deliveries, that is fine.
Council Member Rich stated that there is a growing intolerance in all areas of the City for late-night drinking establishments that have direct and adverse impacts on the residential community. He urged the applicant to recognize that his place of business is primarily a restaurant.)
WHEREUPON, Council returned to the motion made by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council allowed them to withdraw their request for the Special Use Permit. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
19. SUP #2431-J - Public Hearing and Consideration of a review of a special use permit for the restaurant with outdoor seating and a parking reduction known as the Del Ray Cafe located at 1603 Commonwealth Avenue; zoned CL, Commercial Low. Applicant: Bruce Betzel/Del Ray Cafe, Inc.
COMMISSION ACTION: Recommend Approval 6-0
NOTE: The applicant has requested that this item be deferred to the January Public Hearing Meeting.
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Betzel's letter dated November 22, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 12/11/93, and is incorporated herewith as part of this record by reference.)
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It was noted that there were no speakers on this item
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council deferred the public hearing to the January Public Hearing Meeting [January 22, 1994]. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
3. SUP #2709 - Public Hearing and Consideration of a request for a special use permit to install a temporary trailer for office use for the existing automobile sales business located at 200 South Pickett Street; zoned CG, Commercial. Applicant: Stohlman Automotive Group, Inc., by William W. Merriam.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/11/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Larry Stansbury, 6101 Edsall Road, representing Alexandria Knolls West, expressed concerns about the loading and unloading of cars on the street and noise.
Mr. Lynn, Director of Planning and Community Development, suggested that Council add two conditions as follows: "No on-street loading and unloading of cars" and "No outdoor amplified sound".
Robert White, representing William Merriam of Stohlman Automotive Group, Inc., concurred with the conditions.)
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 Council added the following two conditions: "No on-street loading and unloading of cars" and "No outdoor amplified sound". The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
WITHOUT OBJECTION, City Council considered Docket Item No. 28.
28. SUP #2695-A - Public Hearing and Consideration of a request to amend a special use permit to allow the existing fence to remain for the existing automobile sales business located at 3600 Jefferson Davis Highway; zoned OC, Office Commercial. Applicant: Bijan's Auto Sales.
COMMISSION ACTION: Recommend Denial 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 12/11/93, and is incorporated herewith as part of this record by reference.
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A copy of Mr. Stafford's letter dated December 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 12/11/93, 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. 3 of Item No. 28; 12/11/93, and are incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council deferred this item until its January Public Hearing Meeting [January 22, 1994]. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
4. SUP #1751-A - Public Hearing and Consideration of a request for a special use permit to add delivery service to the existing restaurant located at 2617 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Double S, Inc., c/o Mohammad Tufail Sheikh.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/11/93, and is incorporated herewith as part of this record by reference.)
6. SUP #2542-B - Public Hearing and Consideration of a review of a special use permit for the existing restaurant with delivery service located at 4115 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Pizza Hut of Washington - Pizza Hut, Inc., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/11/93, and is incorporated herewith as part of this record by reference.)
8. SUP #2627-A - Public Hearing and Consideration of a review of a special use permit for the existing automobile repair garage located at 310 South Pickett Street; zoned CG, Commercial General. Applicant: WAC, Inc., t/a Wiygul Automotive Clinic, by Oscar H. Wiygul.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/11/93, and is incorporated herewith as part of this record by reference.)
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9. SUP #2739 - Public Hearing and Consideration of a request for a special use permit, with site plan, to increase the floor area of a proposed commercial building located at 1123 King Street; zoned CD, Commercial Downtown. Applicant: Robert Bentley Adams, architect.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 12/11/93, and is incorporated herewith as part of this record by reference.)
10. ENCROACHMENT #93-010 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for bay windows for a proposed commercial building located at 1123 King Street; zoned CD, Commercial Downtown. Applicant: Robert Bentley Adams, architect.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/11/93, and is incorporated herewith as part of this record by reference.)
11. SUP #2747 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 1019 Madison Street; zoned RB, Residential.
Applicant: Donna Michele Jones.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/11/93, and is incorporated herewith as part of this record by reference.)
12. SUP #2749 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 6017 Lowell Avenue; zoned R-12, Residential. Applicant: Mayra S. Guerra.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 12/11/93, and is incorporated herewith as part of this record by reference.)
13. SUP #2750 - Public Hearing and Consideration of a request for a special use permit to operate a dry cleaning and laundry facility located at 376 South Pickett Street; zoned CG, Commercial General. Applicant: Young J. Iacaruso.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/11/93, and is incorporated herewith as part of this record by reference.)
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14. SUP #2751 - Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage located at 4582 Eisenhower Avenue; zoned OCM (100), Office Commercial Medium. Applicant: Roland B. Ezike and Sekou S. Trawally.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/11/93, and is incorporated herewith as part of this record by reference.)
15. VACATION #93-008 - Public Hearing and Consideration of a request for vacation of a public alley right-of-way located on the west side of 811-813 Montgomery Street; zoned RB, Residential. Applicant: St. John's Baptist Church and Alexandria Redevelopment and Housing Authority, by Cyril D. Calley, attorney, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/11/93, and is incorporated herewith as part of this record by reference.)
16. VACATION #93-009 - Public Hearing and Consideration of a request for vacation of a portion of the South Union Street public street right-of-way for the property located at 759 Battery Place; zoned W-1, Waterfront. Applicant: Cook Inlet Region of Virginia, Inc., by Jonathan P. Rak, attorney, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/11/93, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Action Consent Calendar with the exception of Item Nos. 5, 7, 17, 18, 19, and 3 which were considered under separate motions. The Planning Commission recommendations are as follows:
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
6. 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 new Condition #18 and Condition #19.
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.
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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 and added Condition #6.
12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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. The Mayor subsequently appointed Carolyn Merck, Chair, and Joan Furtaw and Carlyle C. Ring as Viewers.
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. The Mayor subsequently appointed Ben Brenman, Chair, Edward Bell and Robert O. Butler as viewers.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
17. ENCROACHMENT #93-011 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for the existing building and proposed awning for the property located at 606 King Street; zoned CD, Commercial Downtown. Applicant: The Bank of Alexandria, by Harvey R. Boltwood.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/11/93, and is incorporated herewith as part of this record by reference.)
(Councilman Jackson stated that he does not believe that by law that he has a conflict on this item. He stated that he does own stock in this bank, a very small amount. He stated that he would abstain from voting on this item.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried on a vote of 6-to-0-to-1, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable Codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Cleveland "aye"
Speck "aye" Donley "aye"
Ticer "aye" Jackson "abstain"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
20. (a) Public Hearing on the Manner in which Members of the Alexandria School Board Should be Elected, including a Hearing on the Seven Alternate Proposed Plans Establishing Election Districts from which Members of the School Board would be Elected. (#14 12/7/93; #2 11/29/93)
20. (b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and reordain Chapter 1 of Title 12 of the Code of the City of Alexandria, Virginia, to provide for the election of the members of the Alexandria School Board.
(A copy of a verbatim transcript prepared by a court reporter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of the City Attorney's memorandum dated December 11, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of the City Attorney's memorandum dated December 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of the City Attorney's memorandum dated December 9, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 20; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of each of the eight varying ordinances referred to in the above item, of which each Member of Council present received copies not less than 24 hours before said introduction, and a copy of each Informal Memorandum explaining the ordinances are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 5 of Item No. 20; 12/11/93, and are 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. 6 of Item No. 20; 12/11/93, and are incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
The City Attorney gave a presentation regarding the background to the preparation process and the criteria that were used to come up with the alternative election district schemes.
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Mary LaMois, 714 Janney's Lane, Secretary, Alexandria Electoral Board, stated that the Electoral Board urges Council to maintain existing precinct lines; a copy of the paper submitted by Ms. LaMois is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;
Julie Lineberry, 500 High Street, Chair, Electoral Board, spoke to precinct lines and answered questions asked by Council;
Robert Richie, 6905 5th Street, NW, Washington, D.C., National Director, Center for Voting and Democracy, spoke to three modified at-large voting systems, namely limited voting, cumulative voting and preference voting; copies of papers submitted by Mr. Richie are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 8 of this item;
Georgia Cannady, 1103 Dartmouth Road, suggested at-large election;
Johanna Ramos, 5500 Holmes Run Parkway, #1519, representing the Hispanic Advisory Committee, spoke in support of the 3-3-3 Plan; a copy of Ms. Ramos' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 9 of this item;
David Brown, 503 Woodland Terrace, urged that there be some at-large members elected to a school board in whatever final process is developed;
Sharon Shackelford, 607 Johnston Place, Co-President, PTA Council, urged Council to postpone its vote until early January so that each school has time to study the impact on its individual school communities;
Alice Cannon, 406 N. View Terrace, echoed what Ms. Schackelford said in terms of community influence and urged Council to postpone its vote for more input;
Patricia A. Hennig, 5561 Exeter Court, #262, stated that the prime concern of Council should be the children because what is going to be done is not short term and it is the future of the children and the future of Alexandria for many years to come;
Robin S. Harper, 1230 Princess Street, #102, President, Jefferson Houston PTA, could not endorse a particular plan since its full board has not had an opportunity to meet but stated that Jefferson Houston draws from the east end and the west end of the city and indicated that her PTA would favor those plans that keep both its east-end neighborhood in one voting district as well as keeping its west-end neighborhood in one voting district;
Beverly Beidler, 647 Oakland Terrace, speaking as a citizen, stated that if Council chooses an at-large system, she suggested in trying to set up a task force that will help to identify minority candidates who wish to run and encourage them, and set up a fundraising device that makes funds available to help people run their campaigns. If Council chooses a district system, she suggested that Council encourage reporters to report in the news media fully what all candidates are saying so that the citizens can get all the information;
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George Lambert, 908 King Street, Chief Executive Officer, Northern Virginia Urban League, spoke in support of the 3-4-2 plan; a copy of Mr. Lambert's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 10 of this item;
Joseph Wetz, 485 N. Pickett Street, spoke in support of at-large school board elections;
Deena Flinchum, 2201 N. Van Dorn Street, urged that the school board should represent the entire City and be responsible to the largest possible electorate;
A. Melvin Miller, 3928 Colonel Ellis Avenue representing the Departmental Progressive Club, urged Council to adopt the 3-4-2 plan;
Peter T. Nelsen, 3114 Circle Hill Road, spoke in support of at-large representation;
Mary LaMois, 714 Janney's Lane, speaking as a citizen, spoke in support of at-large districts;
Emmitt Carlton, P. O. Box 1697, speaking on behalf of the NAACP, indicated that Plan VII, the 3-4-2 alignment, is probably less subject to challenge than any of the other six plans you have, Plan I obviously being the most subject, Plan VII being the least;
(The Members of City Council asked questions of Mr. Carlton.)
Richard R.G. Hobson, 99 N. Quaker Lane, spoke in support of the 3-3-3 plan.
The public hearing was concluded.
(General Discussion. Members of City Council, the City Attorney, and Ms. Ramos participated in the discussion.
The Members of City Council gave summary remarks.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council introduced and passed on First Reading the ordinance marked 12-1-1cv.III and set it for Public Hearing, Second Reading and Final Passage on Thursday, December 16, 1993, at 4:30 p.m. The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
THEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council introduced and passed on First Reading the ordinance marked 12-1-1cv.VII and set it for Public Hearing, Second Reading and Final Passage on Thursday, December 16, 1993, at 4:30 p.m. The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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21. Public Hearing and Consideration of the Gypsy Moth suppression Program for the City of Alexandria.
(A copy of the City Manager's memorandum dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of a memorandum dated November 25, 1993, from the citizen members on the Gypsy Moth Advisory Commission, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 12/11/93, 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.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved a 1994 gypsy moth suppression program as recommended by staff, with the following components: (1) Aerial spraying of the 57 acres shown in Attachment 1 with Bacillusthuringiensis (B.t.), in cooperation with the Virginia Department of Agriculture and Consumer Services (VDACS). (The two areas shown are located in the Seminary Valley section of the City); (2) Declaration that the aerial and ground spray programs are to be voluntary, that a 200-foot buffer zone will be maintained around the property of any objector, and that ground spraying will be provided for those desiring their properties to be treated within the buffer areas surrounding objectors and in other locations specified by the City Arborist; (3) Authorization for the City Manager to enter into an agreement with a private contractor for the ground spray application of B.t. in areas to be specified by the City Arborist; and (4) Implementation of other gypsy moth suppression measures to include the release of parasites, and the distribution of burlap for banding trees and educational materials in cooperation with VDACS. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
22. Receipt of the 1993 Jones Intercable Annual Report.
(A copy of the City Manager's memorandum dated December 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/11/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council received Jones Intercable's 1993 Annual Report. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
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ORDINANCES AND RESOLUTIONS
23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE Authorizing and Empowering the Issuance, Sale, and Delivery of General Obligation Bonds not to Exceed 26.7 Million Dollars to Finance Various Public Improvements and to Refund General Obligation Bonds. (#14(c); 11/9/93) (ROLL-CALL VOTE)
NOTE: The City Council will consider a possible amendment to the Ordinance to finance the acquisition of property for the possible construction of a new community library in the west end of the City.
(A copy of the City Manager's memorandum dated November 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of the City Manager's memorandum dated December 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of the Alexandria Library Board's memorandum dated December 3, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 23; 12/11/93, and is incorporated herewith as part of this record by reference.
Copies of communications received pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 23; 12/11/93, and are incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Nell Vetter, 922 Juniper Place, member of the Seminary Hill Association and Holmes Run Committee, spoke in support of funds for acquisition of land for the library;
William B. Olney, 5500 Holmes Run Parkway, representing Place One Condominiums to the Holmes Run Committee, spoke in support of funds for acquisition of land for the library;
Converse M. West, 200 N. Pickett Street, #907, representing Holmes Run Committee, spoke in support of funds for acquisition of land for the library;
Donna Fossum, 200 N. Pickett Street, spoke in support of acquisition of land for the library;
Dale Stump, 4600 Duke Street, #510, representing 4600 Duke Condominium, spoke in support of funds for acquisition of land for the library;
Kenneth Lawrence Foran, 5001 Seminary Road, member of Holmes Run Committee, spoke in support of funds for acquisition of land for the library; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of funds for acquisition of land for the library.
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General Discussion. There was considerable dialogue on this item between the Members of City Council, Mr. Gitajn, Director of Financial and Information Services, and Mr. Brenman.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 5-to-2, City Council finally passed the substitute ordinance upon its second reading, as amended, as follows: Added on page three at the end of SECTION 1 the following language: "Acquisition and improvement of land for a community library facility; construction and equipping of library facility (this project includes the projects contained in the capital budget under "Library").; an estimated $2,700,000; change the total from $9,200,000 to $11,900,000; and under SECTION 2. in line ten change the figure $9,200,000 to $11,900,000. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "no"
Speck "no"
The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3685
AN ORDINANCE authorizing and empowering the issuance, sale and delivery by the City of Alexandria, Virginia (the "City"), pursuant to Chapter 5.1, Title 15.1 of the Code of Virginia (1989 Replacement Volume and 1993 Cumulative Supplement) (the "Public Finance Act of 1991"), of bonds in an aggregate principal amount not to exceed Twenty-Six Million Seven Hundred Thousand Dollars ($26,700,000); the proceeds of such bonds to be disbursed for the public purpose of providing funds sufficient to pay principal of, redemption premium, if any, and interest on Public Improvement and School Bonds of 1986, dated February 1, 1986, originally issued in the aggregate principal amount of $22,000,000; at the respective maturity, redemption, or interest payment dates of such bonds; and to provide funds to finance various capital improvement projects, described in the City's capital budget, including construction, renovation and equipping of public buildings and school buildings; acquisition, installation, replacement and upgrade of traffic signal equipment; contribution to the Washington Metropolitan Area Transit Authority for bus and rail capital improvement costs; construction of other public improvements; acquisition of necessary or desirable equipment and interests in land; showing compliance with the limitations on the power of the City to incur indebtedness; electing to issue such bonds pursuant to the Public Finance Act of 1991; determining the method for the sale of such bonds; providing for the form of such bonds; authorizing the City Manager of the City to determine certain details with respect to the sale thereof; providing for the levy and collection of all taxes, charges and assessments necessary for the payment of the principal of and interest on such bonds when due; pledging the full faith and credit of the City to the payment of the bonds issued hereunder and the interest thereon, when due; covenanting that the proceeds of such bonds, or any moneys which may be deemed to be proceeds, will not be used in a manner to cause such bonds to be arbitrage bonds; providing generally for various matters relating to the authorization, issuance, sale and delivery of such bonds;
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WHEREAS, it is in the best interest of the City to refund certain of its Public Improvement and School Bonds in order to effectuate and accomplish the public purpose of realizing savings to the City in the aggregate cost of debt service on a present value basis and
WHEREAS, it is necessary for the City to finance certain capital improvement project which are described in this ordinance.
THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA HEREBY ORDAINS:
SECTION 1. Chapter 5.1 of Title 15.1 of the Code of Virginia (1989 Replacement Volume and 1993 Cumulative Supplement) (the "Public Finance Act of 1991") provides that a governing body may elect to issue bonds under the Public Finance Act of 1991 or under its local charter. The City Council of the City of Alexandria, Virginia (the "City Council"), hereby elects to issue its Bonds (defined herein) under the Public Finance Act of 1991. The Bonds issued hereunder are hereby specifically issued under the provisions of the Public Finance Act of 1991 without regard to the requirements, restrictions or provisions contained in any charter or local or special act, except any referendum and debt limitations, applicable to the City of Alexandria, Virginia (the "City" ).
The City Council hereby finds and determines that the issuance of the Bonds pursuant to the terms and requirements of this Ordinance, in order to use a portion of the bond proceeds to refund all or a portion of the outstanding principal of, redemption premium, if any, and interest amount of the Refunded Bonds (defined herein) as herein provided, will effectuate and accomplish the public purpose of realizing savings to the City in the aggregate cost of debt service on a present value basis.
The City Council hereby further finds and determines that it is necessary for the City to issue the Bonds in order to use a portion of the bond proceeds to finance all or a portion of the cost of the capital improvement projects, generally described in this Section.
The following is a general description of the capital improvement projects to be financed with a portion of the proceeds of the Bonds and the estimated maximum costs thereof. Bond proceeds will fund only a portion of the total maximum costs.
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Estimated General Project Description Maximum Cost
Construction of additions to existing school buildings; $2,000,000
remodeling and repairing of existing school buildings;
and aquisition of necessary land and equipment
(this project includes the projects contained in the capital
budget under "schools").
Construction and Renovation of City buildings including $3,000,000
contributions to capital improvements and equipping of facilities
at the Lee Center (this project includes the projects contained in the
capital budget under "Public Buildings").
Construction and improvement of City buildings; renovations and $3,200,000
improvements to the Queen Street Library; and acquisition of
necessary land and equipment (this project includes the projects
contained in the capital budget under "Library").
Installation, replacement and upgrade of traffic signal $1,000,000
equipment and communications cable and payment of a
portion of the City's contribution to the Washington Metropolitan
Area Transit Authority's bus and rail capital improvement and
replacement costs for portions of the transit system (this project
includes the projects contained in the capital budget under
"Rapid Transit and Traffic").
Acquisition and improvement of land for a community library $ 2,700,000
facility; construction and equipping of a library facility (this project
includes the projects contained in the capital budget under "Library").
Total $11,900,000
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SECTION 2. Acting pursuant to the authority of the Public Finance Act of 1991 and this Ordinance, the Bonds may be issued (i) in an aggregate principal amount not to exceed the amount necessary to amortize the principal of and premium, if any, and interest on the Refunded Bonds and to pay all expenses reasonably incurred in the issuance of the Refunding Bonds less the amount then in any sinking, escrow and other funds which is available for the payment of the principal, premium, if any, or interest on the Refunded Bonds; (ii) in an aggregate principal amount not to exceed $11,900,000 to pay a portion of the capital improvement projects described in Section 1; and (iii) in an amount not to exceed $300,000 to pay the costs related to structuring the refunding program to maximize the debt service savings to the City and to provide for a discount on the par amount of the Bonds in order to enhance the marketability of the Bonds under current market conditions. The issuance and sale of the "Consolidated Public Improvement General Obligation Bonds and Refunding Bonds, Series 1994" of the City of Alexandria, Virginia, is hereby authorized in an aggregate principal amount not to exceed Twenty-Six Million Seven Hundred Thousand Dollars ($26,700,000) (the "Bonds"). The Bonds are issued for the purpose of refunding some or all of the maturities of Public Improvement and School Bonds of 1986, dated February 1, 1986, originally issued in the aggregate principal amount of $22,000,000; (the "Refunded Bonds") and to finance the cost of a portion of the capital improvement projects described in Section 1 (the "Projects").
The proceeds of the Bonds may be used in (a) refunding the Refunded Bonds as (i) the payment of matured or redeemable indebtedness, including any redemption premium, (ii) the payment of unmatured indebtedness, the evidence of which are on deposit with a bank or trust company designated by the City for surrender to the City upon receipt of payment in an amount not exceeding the amount of the indebtedness, and (iii) the establishment of an escrow or sinking fund consisting of cash and noncallable obligations of the United States of America or noncallable obligations of the Commonwealth of Virginia in an amount which together with interest to be earned on such obligations shall be sufficient to pay all indebtedness to be refunded either at maturity or upon redemption as provided for upon the creation of the escrow or sinking fund; (b) to pay all any part of the cost of acquiring, constructing, reconstructing, improving, extending, enlarging and equipping any of the Projects; and (c) to pay any and all other costs permitted to be paid from the proceeds of such bonds under the Public Finance Act of 1991, including (without limitation) the costs of issuance of the Bonds.
SECTION 3. Any escrow or sinking fund established, in whole or in part, from a portion of the proceeds of the sale of the Bonds shall be irrevocably pledged to the payment of the indebtedness at maturity or upon redemption or for the purchase of not less than all of the Refunded Bonds. It is the intent that any escrow or sinking fund established pursuant to this Section shall constitute a special fund for the payment of the Refunded Bonds.
The owners of any Refunded Bonds shall be divested of all rights and security to the Refunded Bonds except the right of payment when due of principal, premium, if any, and interest, which shall be paid solely from the escrow or sinking fund.
SECTION 4. The Bonds hereby authorized shall be sold at public sale and for a price at, above, or below par, plus accrued interest to the date of delivery as shall be determined in a resolution of the City Council.
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SECTION 5. The Bonds shall be issuable as registered bonds without coupons in the denomination of five thousand dollars ($5,000) or any multiple thereof within the limits of specified maturities. The Bonds allocated to refunding the Refunded Bonds shall be dated, shall mature at such time or times not exceeding the final maturity year of the Refunded Bonds. The Bonds allocated to the Costs of the Projects shall be dated and shall mature at such times as determined in a resolution of the City Council. The Bonds shall be subject to redemption or repurchase, shall be in the denomination or denominations, shall be numbered, shall be sold at such price or prices and under such terms and conditions, and shall contain such other provisions, all as determined in a resolution of the City Council or by the City Manager if authorized by the City Council before their issuance. The Bonds may bear interest payable at such time or times and at such rate or rates as determined by a resolution of the City Council, or the City Manager if authorized by the City Council, including the determination by reference to indices or formulas or by agents designated in a resolution of the City Council or by the City Manager if authorized by the City Council. Interest on the Bonds shall be payable by checks mailed by the Paying Agent therein named to the registered holder or holders of such bonds or by other means as determined in a resolution of the City Council or by the City Manager if authorized by the City Council. The principal of the Bonds shall be payable at the principal office of the Paying Agent or some other place as agreed by the City Manager and the holder or holders of such bonds named in the Bonds.
Pursuant to Section 8 of this Ordinance, the City Council in a resolution or the City Manager if authorized by the City Council, shall determine the portions of each Refunded Series to be refunded with the proceeds of the Bonds.
SECTION 6. For the purpose of paying the principal of and premium, if any, and interest on the Bonds, the City shall levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premiums, if any, and interest on the Bonds and any general obligation bonds of the City issued under the provisions of the Public Finance Act of 1991 to the extent other funds of the City are not lawfully available and appropriated for such purpose. The full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to the levy and collection of the taxes hereinabove prescribed as and when such taxes may become necessary in order to provide sufficient funds to meet the debt service requirements of the Bonds. The City hereby solemnly covenants with each of the holders of any of the Bonds to levy and collect the taxes hereinabove prescribed and to take all action as may be appropriate from time to time during the period that any of such bonds remain outstanding and unpaid to provide the funds necessary to make the principal and interest payments on such bonds.
SECTION 7. The aggregate principal amount of the Bonds authorized to be issued by this Ordinance will be within every debt limitation prescribed by the Constitution and Laws of the Commonwealth of Virginia.
Pursuant to the Public Finance Act of 1991, the Refunded Bonds shall not be included for the purpose of determining any limitation upon the amount of indebtedness of the City which is imposed by law.
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SECTION 8. The City Council in a resolution, or City Manager if authorized by the City Council shall take the following actions and make the following commitments on behalf of the City:
(a) sell any series of the Bonds issued hereunder upon such terms as deemed to be favorable under the existing market conditions to a bank, investment banking firm or other financial institution as, in the judgment of the City Manager, offers to purchase such series of bonds on such terms;
(b) fix and determine subject to the provisions of Section 5 hereof, the date of any such series of Bonds, the schedule of annual maturities or mandatory sinking fund redemptions of any such series, the amount of any such series, the interest payment dates of any such series, the amounts and particular bonds of each Refunded Bonds to be refunded with the proceeds of any such series, the interest rate or rates to be paid by the City with respect to any such series, the date or dates when such refunding shall be effected, whether such series is to be issued in book-entry form and all matters incident to the issuance of such series in book-entry form;
(c) determine whether the principal of the bonds of the Bonds shall be paid at maturity, at the earliest redemption date pertaining thereto, or at some later redemption date;
(d) appoint a bank having trust powers, or a trust company, as Paying Agent for any such series of bonds, notwithstanding the fact that such bank or trust company may have neither its principal office nor any branch office within the City or the Commonwealth of Virginia, if it is deemed to be appropriate, to appoint a similarly qualified bank or trust company as Alternate Paying Agent, such authority to include the power to agree with respect to the compensation of such Paying Agent and Alternate Paying Agent for the services to be rendered by them and to appoint one or more of such banks or trust companies as Bond Registrars and if it is deemed to be appropriate to provide for the City to act as Paying Agent and Registrar;
(e) select a trust company or other banking institution as trustee, to hold the trust fund into which the proceeds of the sale of any bonds issued hereunder may be deposited under the Public Finance Act of 1991, to determine the terms of any such trust fund and to deliver as a binding commitment of the City, a trust or escrow agreement, pursuant to which such trust fund is established;
(f) arrange for the preparation and distribution of an appropriate Official Statement with respect to the sale of any series of the Bonds hereby authorized;
(g) reserve to the City the option to redeem any such series of Bonds in whole or in part, at such times and upon payment of such premiums as may be determined to be in the best interest of the City; and
(h) take any and all actions in the manner and to the extent that the City Council or the City Manager, if authorized by the City Council, may deem necessary or appropriate to accomplish the purposes of this Ordinance.
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SECTION 9. In the event that Bonds are issued hereunder with the expectation that interest on such bonds will be exempt from federal income taxation, the City hereby solemnly covenants with each of the holders of any such bonds that it will not use, or suffer or permit to be used, the proceeds received from sale of the Bonds, or any moneys on deposit to the credit of any account of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"), and applicable regulations thereunder, which use would cause such bonds to be "arbitrage bonds" within the meaning of section 148 of the Internal Revenue Code and the regulations thereunder. The City further solemnly covenants that it will comply with Section 148 of the Internal Revenue Code and the regulations thereunder which are applicable to the bonds on the date of issuance of the bonds, respectively, and which may subsequently lawfully be made applicable to the Bonds. The City Manager and the Director of Finance of the City (the "Director of Finance") are hereby authorized and directed to prepare or cause to be prepared and to execute, respectively, any certification, opinion or other document which may be required to assure that the bonds will not be deemed to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code and the regulations thereunder.
In the event that bonds are issued hereunder with the expectation that interest on such bonds will be exempt from federal income taxation, the City Manager may make such covenants or agreements in connection with the issuance of such bonds as she shall deem advisable in order to assure the holders of such bonds that interest thereon shall be and remain exempt from federal income taxation, and such covenants or agreements shall be binding on the City so long as the observance by the City of any such covenants or agreements is necessary in connection with the maintenance of the exemption from federal income taxation of the interest on such bonds. The foregoing covenants and agreements may include such covenants or agreements on behalf of the City regarding compliance with the Internal Revenue Code as the City Manager shall deem advisable in order to assure the holders of such bonds that the interest thereon shall be and remain exempt from federal income taxation, including (without limitation) covenants or agreements relating to the investment of bond proceeds, the rebate of certain earnings resulting from such investment to the United States (or the payment of penalties in lieu thereof), limitations on the times within which, and the purposes for which, bond proceeds may be expended, or the utilization of specified procedures for accounting for and segregating bond proceeds. Any covenant or agreement made by the City Manager pursuant to this paragraph shall be set forth in or authorized in writing executed by the City Manager.
SECTION 10. The Bonds to be issued pursuant to the authority of this Ordinance shall be executed on behalf of the City by the facsimile signature of the Mayor of the City (the "Mayor") and a facsimile of the seal of the City shall be imprinted thereon, attested by the facsimile signature of the City Clerk. Each such bond shall be authenticated by the signature of an agent of the City. No bonds issued hereunder shall be valid for any purpose or constitute an obligation of the City unless so authenticated.
The Bonds shall be in the form set forth in Attachment A attached to and made a part of this Ordinance, and bonds issued substantially in compliance with such form, with appropriate insertions as therein indicated, when properly executed and authenticated as described above, shall be deemed to constitute unconditional general obligations of the City, to the payment of which, in accordance with the terms thereof, its full faith and credit are pledged, and all the covenants and conditions contained in such bonds shall be deemed to be binding upon the City in accordance therewith.
21
In case any official of the City, whose signature shall appear on any such bonds, shall cease to be such official prior to the delivery of such bonds, or in the case that any such official shall take office subsequent to the date of issue of any such bonds, his signature, in either event, shall nevertheless be valid for the purposes herein intended.
There may be printed on the reverse side of each series of bonds issued hereunder, the text of the applicable approving legal opinion with respect thereto, such text being duly certified by the facsimile signature of the Mayor.
Authority is hereby conferred on the Mayor and City Manager to fill in the blanks in such form with the required information, to insert applicable paragraphs as indicated and to make such additions, deletions, modifications and substitutions in such form, not inconsistent herewith, as may be necessary or desirable in the sale of the Refunding Bonds, including (without limitation) variations deemed appropriate by the Mayor and City Manager in the event such series is issued in book-entry form or with mandatory sinking fund payments.
SECTION 11. The City is hereby authorized to purchase Refunded Bonds in the open market from time to time when there is available in the escrow or sinking fund for the payment of the Refunded Bonds a surplus in an amount greater than $50,000.
SECTION 12. The Director of Finance of the City shall mail or cause to be mailed to the State Treasurer promptly after the issuance of the Bonds (i) a copy of any report concerning the issuance of the Bonds required to be filed with the United States Internal Revenue Service or (ii) such other report as shall be prescribed by the State Treasurer.
SECTION 13. If any one or more of the provisions of this Ordinance, including any covenants or agreements provided herein on the part of the City to be performed, should be contrary to law, then such provision or provisions shall be null and void and shall in no way affect the validity of the other provisions of this Ordinance or of the bonds.
SECTION 14. The City Council may by resolution authorize any actions that may be taken pursuant to the Public Finance Act of 1991 that it may deem appropriate or necessary to carry out the purposes of this Ordinance.
SECTION 15. This Ordinance shall become effective upon the date and at the time of its final passage and shall not be subject to referendum.
PATRICIA S. TICER
Mayor
Introduction: 11/9/93
First Reading: 11/9/93
Publication: 11/10/93; 11/11/93; 11/17/93;
11/18/93; 11/24/93
Public Hearing: 12/11/93
Second Reading: 12/11/93
Final Passage: 12/11/93
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Attachment A to Ordinance
(Form of Bond)
UNITED STATES OF AMERICA
Commonwealth of Virginia
No. ___________ $___________
CITY OF ALEXANDRIA, VIRGINIA
Consolidated Public Improvement
General Obligation Bonds and
Refunding Bonds Series 1994
Dated Date Maturity Date Interest Rate CUSIP
Registered Holder:
Principal Amount Dollars
City of Alexandria, Virginia, (the "City"), hereby acknowledges itself indebted for value received, and promises to pay to the registered holder shown above or his registered assigns or legal representatives, on the date specified above (unless this bond shall be redeemable, shall have been called for prior redemption and payment of the redemption price made or provided for), upon presentation and surrender of this bond at the principal corporate trust office of [Name of Bond Registrar]_____________, ____________ (the "Bond Registrar")__________________, the principal shown above in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts and to pay to the registered owner hereof by check or draft, mailed, to such registered owner at his address as it appears on the bond registration books kept by the Bond Registrar, interest on said principal sum at the rate per annum shown above until payment of such principal amount or until the prior redemption hereof, such interest being payable on _____________and__________in each year, in like coin or currency, accounting from the most recent date to which interest has been paid or, if no interest has been paid, from the Dated Date shown above. All interest due on this bond shall be payable to the registered owner in whose name this bond is registered on such bond registration books as of the close of business on the Regular Record Date for such interest payment, which shall be __________________________. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner on such Regular Record Date, and may be paid to the person in whose name this bond is registered as of the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Bond Registrar, notice whereof being given by letter mailed first class, postage prepaid, to the holders
23
not less than 30 days prior to such Special Record Date, at the addresses of such holders appearing on the registration books kept by the Bond Registrar, or may be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the bonds of this series may be listed and upon such notice as may be required by such exchange.
The full faith and credit and unlimited taxing power of the City are hereby unconditionally pledged to the payment of this bond and of the interest payable hereon according to its terms, and the City does hereby covenant and agree to pay punctually the principal of this bond and the interest hereon on the dates and in the manner mentioned herein, according to the true intent and meaning hereof.
It is hereby certified and recited that each and every act, condition and thing required to exist, to be done, to have happened, and to be performed precedent to and in the issuance of this bond, does exist, has been done, has happened and has been performed in full and strict compliance with the Constitution and laws of the Commonwealth of Virginia, and an ordinance of the City Council adopted on _____________1993, and that the issue of bonds, of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia and that due provision has been made for the levy and collection of an annual ad valorem tax or taxes upon all the legally assessable property within the corporate limits of the City in rate and amount sufficient to provide for the payment, when due, of the principal of and interest on this bond.
This bond shall not become obligatory for any purpose or be entitled to any benefit under the above-mentioned laws, or ordinance until authenticated by an authorized officer of the Bond Registrar.
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IN WITNESS WHEREOF, City Council of the City of Alexandria, Virginia, has caused this bond to be signed in its name by the manual or facsimile signature of its Mayor and by its corporate seal imprinted hereon (or by facsimile of the seal) attested by the manual or facsimile signature of the City Clerk; it has caused this bond to be signed by the manual or facsimile signature of its Director of Finance or authorized deputy, all as of the ___day of____ 1994.
(SEAL) CITY OF ALEXANDRIA, VIRGINIA
ATTEST: By:___________________________
Mayor
____________________
Clerk
Date of
Authentication:______________ _____________________________
Director of Finance or
Authorized Deputy
This bond is one of a duly authorized issue of general obligation bonds of the City, designated CITY OF ALEXANDRIA, VIRGINIA Consolidated Public Improvement General Obligation Bonds and Refunding Bonds, Series 1994, all dated ___________, 1994. Said bonds are issued pursuant to the authority of Chapter 5.1, Title 15.1 of the Code of Virginia (1989 Replacement Volume and 1993 Cumulative Supplement) and an ordinance adopted by the City on ___________________.
The bonds maturing in any one year are issuable in fully registered form in denominations of $5,000 or any integral multiple thereof, not exceeding the aggregate principal amount maturing in such year.
Said bonds mature and are payable on________ and__________ in each of the years ______ to _______ inclusive, in the following amounts, and bear interest at the following rates per annum:
Maturity Principal Interest Maturity Principal Interest
Date Amount Rate Date Amount Rate
_____ $_____ _____% _____ $_____ _____%
_____ _____ _____ _____ _____ _____
_____ _____ _____ _____ _____ _____
_____ _____ _____ _____ _____ _____
_____ _____ _____ _____ _____ _____
_____ _____ _____ _____ _____ _____
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Insert the Following Redemption Provisions, If Applicable:
The bonds of this issue maturing _______,____, and thereafter, are subject to redemption prior to their respective maturities, at the option of the City, either as a whole at any time or in part in any order at the option of the City, on any interest payment date on or after _______, _____, at the following redemption prices expressed as percentages of the principal amount of bonds to be redeemed plus accrued interest thereon to the date fixed for redemption:
Period During Which Redeemed Redemption
(both dates inclusive) Prices
_______ to __________ _________%
_______ to __________ _________%
__________and thereafter _________%
If less than all of the bonds of any one maturity shall be called for redemption, the particular bonds or portions of bonds to be redeemed shall be selected by lot by the Bond Registrar. When less than all of a bond in a denomination in excess of $5,000 shall be so redeemed, then, upon the surrender of such bond, there shall be issued to the registered owner thereof, without charge, for the unredeemed balance of the principal amount of such bond, at the option of such owner, bonds in any of the authorized denominations, the aggregate face amount of such bonds not to exceed the unredeemed balance of the bond so surrendered, and to bear the same interest rate and to mature on the same date as said unredeemed balance.
If, in accordance with the foregoing option, the City elects to redeem all outstanding bonds, or less than all, it will give a redemption notice by letter mailed first class, postage prepaid, to the holders of such bonds at least thirty (30) days prior to the redemption date, at the addresses of such holders appearing on the registration books kept by the Bond Registrar; provided, however, that the failure to mail such notice or any defect in the notice so mailed or in the mailing thereof shall not affect the validity of the redemption proceedings relating to any other bonds. Said notice shall state whether said bonds are redeemed in whole or in part and, if in part, the maturities and numbers of the bonds called, shall state that the interest on the bonds so called shall cease to accrue on the date fixed for redemption, shall state the redemption date and the redemption price, and shall require that the bonds redeemed be then presented for redemption and payment at the principal office of the Bond Registrar. From and after the date fixed for redemption, if notice has been given as herein provided, and the funds sufficient for payment of the redemption price and accrued interest shall be available therefor on such date, the bonds so designated for redemption shall cease to bear interest. Upon presentation and surrender in compliance with said notice, the bonds so called for redemption shall be paid by the Bond Registrar at the redemption price. If not so paid on presentation thereof, said bonds so
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called shall continue to bear interest at the rates expressed therein until paid.
[END OF REDEMPTION PROVISIONS]
The City will act as Bond Registrar to open books for the registration and for the transfer of bonds. This bond will be transferable only upon said registration books kept at the offices of the Director of Finance of the City by the registered owner hereof in person, or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer in the form attached hereto and satisfactory to the Bond Registrar and duly executed by the registered owner or his duly authorized attorney.
This bond may be transferred or exchanged at the office of the Director of Finance of the City. Upon any such transfer or exchange, the City shall issue a new registered bond or bonds of any of the authorized denominations in an aggregate principal amount equal to the principal amount of the bond exchanged or transferred, and maturing on the same date and bearing interest at the same rate. In each case, the Bond Registrar may require payment by the holders of this bond requesting exchange or transfer hereof of any tax, fee, or other governmental charge, shipping charges, and insurance that may be required to be paid with respect to such exchange or transfer, but otherwise no charge shall be made to the holder hereof for such exchange or transfer. The Bond Registrar shall not be required to transfer or exchange this bond after the mailing of notice calling this bond or portion hereof for redemption as hereinabove described; provided, however, that the foregoing limitation shall not apply to that portion of a bond in excess of $5,000 which is not being called for redemption.
27
(Councilman Speck, with the consensus of Council, requested the City Manager to docket at the first legislative meeting in January [January 11, 1994] her recommendation to Council on the scope of a feasibility facilities analysis about what it would cost, what it would entail and what it is expected to tell us. The scope of any study now should be not only the traditional engineering study of a new facility, but also the current facilities analysis.)
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
24. Public Hearing on the Proposed Bill to Amend the Alexandria Charter. (#15 11/13/93; #13 10/26/93)
(A copy of the City Attorney's memorandum dated December 9, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 12/11/93, 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. 24; 12/11/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Margaret Levine, 25 Fendall Avenue, co-president, League of Women Voters, spoke; a copy of Ms. Levine's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;
Virginia Drewry, 118 Prince Street, representing Old Town Civic Association, spoke against § 9.07 and requested clarification of § 9.12;
The City Attorney and Mr. Lynn, Director of Planning and Community Development, spoke to this.
Marilyn Doherty, 12 W. Mt. Ida Avenue, spoke against §9.07; and
Christianne D. Fennell, 309 Duke Street, spoke with respect to notification requirements. She spoke of a problem of the building going on at 217 S. Fairfax Street which she did not receive notice about the Board of Architectural Review. She spoke to damage at her property. She has had problems with her house shaking and vibrating. She has asked the BAR to stop the watering of her property. Mr. Greenberg, the architect, came over and she showed him the problems and he said there would be no further watering in the front or in the back. She was told at the BAR that they were watering down the dust. She does not understand that why they are watering down the dust in her yard, under her concrete and they broke up all the way down the side of her house and her house has to vibrate. She spoke to the fact that her house was not painted. She feels that she was picked on by several individuals because of the fact that her house was not painted. The City said that they would condemn her house if she did not fill in the cracks after some of the damages had happened to her house. She said that her house should not be watered to keep the dust down. They wet late at night. She questioned if the sewer is working and asked who is paying for the sewer. She stated in the back of her house there is an alley. The alley is owned by her neighbors and herself and is bounded by 217 S. Fairfax Street.
28
The Mayor requested that Mr. O'Kane, Director of Transportation and Environmental Services, go by her house to help her with her problems.
Mr. O'Kane stated that staff will get on her problem on Monday, Code Enforcement and Planning.
Councilman Speck suggested that her problem is crossing several lines and suggested that Rose Boyd, the Citizen Assistance officer, be the first point of contact to find out exactly what the issues are and make sure we are getting response. It does not sound that it is just T&ES or Planning.)
The public hearing was concluded.
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the proposed Charter Bill. The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
NOTE: The City Clerk read Docket Item Nos. 25 and 26 together.
25. MPA #93-006 - Public Hearing and Consideration of an amendment to the King Street/Eisenhower Avenue Small Area Plan chapter of the 1992 Master Plan by increasing the heights and density permitted within the Eisenhower Avenue CDD #2 (Tax Map Nos. 72.00 03 01-03, 06-11, 13-15; 72.00 04 01-06, 08, 09; 78.00 01 01,03,04-06). Applicant: Hubert N. Hoffman, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/11/93, and is incorporated herewith as part of this record by reference.)
26. REZONING #93-010 - Public Hearing and Consideration of a request to approve a zoning amendment to allow increased heights and densities within the Eisenhower Avenue CDD by amending section 5-602(A) for CDD #2, Eisenhower Avenue (Tax Map Nos. 72.00 03 01-03, 06-11, 13-15; 72.00 04 01-06, 08, 09; 78.00 01 01,03,04-06). Applicant: Hubert N. Hoffman, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 12/11/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on these items:
Mr. Middleton, 510 King Street, attorney for the applicant, spoke in support with amendments and stated for the record that the concept was that this was a density as a matter of right and that the review was to be on design issues plus the assurance that there is a variety of heights;
29
Members of City Council asked questions of Mr. Lynn, Director of Planning and Community Development, the City Attorney, and Mr.Middleton.
William Canary, 2200 Mill Road, representing the American Trucking Association, spoke in support;
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support with modification of Planning Commission recommendation; and
Marilyn Doherty, 12 W. Mt. Ida Avenue, spoke against.
Members of City Council participated in the discussion of this item. Mr. Lynn, Director of Planning and Community Development, responded to questions.)
25. WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 6-to-1, City Council accepted the Planning Commission's recommendation with the following changes on page 2, lines 2 and 3, that we delete the phrase: "that the average height shall not exceed 100 feet and"; which addresses the height and the F.A.R. question that was discussed earlier, and staff has already indicated that they would agree to accept a further amendment on page 2, line 5, after the word "building" add the phrase "on the area known as the Hoffman Tract and, in addition to any previously approved building in the Mill Race Project,". The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "no"
Ticer "aye" Rich "aye"
Speck "aye"
26. THEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Speck and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the rezoning/text amendment necessary to implement their recommendation for MPA #93-006 with the changes as noted in the previous item [Docket Item No. 25]. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Speck "aye" Pepper "aye"
Rich "aye"
27. SUP 12193-D - Public Hearing and Consideration of a request for a special use permit to construct storage buildings and to amend conditions concerning the Saint Stephen's School property located at 1000 Saint Stephen's Road; zoned R-12, Residential. Applicant: St. Stephen's and St. Agnes Schools, by Patti Woods.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 12/11/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Woods' letter dated October 21, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 12/11/93, and is incorporated herewith as part of this record by reference.
Copies of communications received pertaining to the item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 27; 12/11/93, and is incorporated herewith as part of this record by reference.
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Copies of photographs submitted by Mr. Roome are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 27; 12/11/93, and are incorporated herewith as part of this record by reference.
A copy of the agreement reached between representatives of the adjacent property and school is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 27; 12/11/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Jack Roome, 4018 Ft. Worth Avenue, spoke against this item and submitted photographs for the record with respect to the problem with the tennis courts;
Duncan Blair, P. O. Box 820, attorney representing the applicant, spoke in support and stated that there is agreement that they will work with the Civic Association and Mr. Roome to try to address his concerns with the tennis courts; and
Joe Fischer, 512 N. Quaker Lane, representing the Seminary Hill Association, spoke to resolution of the issue.
Members of Council participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council approved the Planning Commission's recommendations with some changes beginning on page 5, Condition #13, these are the results of the final agreement between the representatives,of the adjacent property and the school. Condition #13 would read as follows: "#13. The storage buildings shall be stained or painted and shall be screened with landscaping to provide a year-round visual barrier from the adjacent properties on the west and northwest. This screening will be achieved within twenty-four months of planting to the satisfaction of the Deputy Director of Planning and Community Development." There is an amendment to Condition #14 as follows: "#14. Any exterior lighting on the storage buildings shall be directed on to the structure on which it is attached. All lights shall be equipped with sensor devices which cause light-activation only in the presence of human beings. All exterior lights shall be approved by the Deputy Director of Planning and Community Development." Finally, there is a new Condition #15 as follows: "#15. Plantings of year-round landscaping to enhance that existing along the portion of the St. Stephens/St. Agnes fence between the athletic field and the Gaillard Street properties as shown in Exhibit B [schematic of the property], shall occur in not more than three annual phases and be maintained in accordance with sound horticultural practices." The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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29. SUP #2530-B - Public Hearing and Consideration of a review of a special use permit for the existing restaurant with live entertainment located at 106 North Lee Street; zoned CD, Commercial Downtown. Applicant: Firehook Bakers, Ltd., by Ronald Vancil.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 12/11/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Virginia Drewry, 118 Prince Street, representing the Old Town Civic Association, spoke to Firehook's one-half hour free parking validation.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" lCleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
ORDINANCES AND RESOLUTIONS (continued)
30. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend and reordain the Alexandria West, Braddock Road Metro Station, Landmark/Van Dorn, and Old Town Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by the City Council to such Small Area Plan Chapters, and no other amendments, and to repeal all provisions of the said Small Area Plan Chapters as may be inconsistent with such amendments. (#15 12/7/93; #13(a), #20, #23, and #25; 11/13/93) (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 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:
32
ORDINANCE NO. 3686
AN ORDINANCE to amend and reordain the Alexandria West, Braddock Road Metro Station, Landmark/Van Dorn and Old Town Small Area Plan Chapters of the 1992 Master Plan of the City Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by city council to such small area plan chapters, and no other amendments, and to repeal all provisions of the said Small Area Plan Chapters as may be inconsistent with such amendments.
WHEREAS, the City Council of Alexandria, finds and determines that:
1. In Master Plan Amendment No. 93-001, the city council on its own motion initiated the amendment of the Old Town Small Area Plan Chapter of the 1992 Master Plan by changing certain policies with respect to restaurants.
2. In Master Plan Amendment No. 93-004, an application has been made to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property at 906 Wythe Street from RM-Residential Medium to INST-Institutional.
3. In Master Plan Amendment No. 93-005, an application has been made to amend the Alexandria West Small Area Plan Chapter of the 1992 Master Plan by increasing the heights permitted without a CDD special use permit within the Winkler Tract CDD.
4. In Master Plan Amendment No. 93-007, an application has been made to amend the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan by changing the land use designations of 430 through 450 South Pickett Street from CG-Commercial General to CSL-Commercial Service Low.
5. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
6. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the text of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, under the heading entitled "Policies for Old Town," subheading "King Street East of Washington Street," and appearing on page 49 of the said Chapter (Ordinance No. 3576, page 0736), be, and the same hereby is, amended to read as shown in Exhibit A, attached hereto and incorporated fully herein by reference.
Section 2. That the Land Use Plan Map of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria be, and the same hereby is, amended to change the land use designation of the Parcel at 906 Wythe Street from RM-Residential Medium to INST-Institutional.
Section 3. That the text of the Alexandria West Small Area Plan Chapter of the 1992 Master Plan, under the heading "CDD Principles for the Winkler Tract," which appears on pages 46 and 49 of the said Chapter (Ordinance No. 3576, pages 0359 and 0362), be, and the same hereby is, amended to read as shown in Exhibit B, attached hereto and incorporated herein fully by reference.
33
Section 4. That the Land Use Plan Map of the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria be, and the same hereby is, amended to change the land use designation of the parcels at 430 through 450 South Pickett Street is changed from CG-Commercial General to CSL-Commercial Service Low.
Section 5. That the director of planning and community development be, and he hereby is, directed to record the foregoing Master Plan Map and Text amendments, as part of the appropriate Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria.
Section 6. That the Old Town, Braddock Road Metro Station, Alexandria West and Landmark/Van Dorn Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby are, reordained as part of the 1992 Master Plan of the City of Alexandria.
Section 7. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.
Section 8. That this ordinance shall become effective upon the date and at the time of its final passage.
PATRICIA S. TICER
Mayor
*Attachments
Introduction: 12/7/93
First Reading: 12/7/93
Publication: 11/22/93; 11/24/93;
12/8/93;12/9/93
Public Hearing: 12/12/93
Second Reading: 12/11/93
Final Passage: 12/11/93
31. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate the public street right-of-way in the 600 and 700 blocks of North Armistead Street. (#16 12/7/93) (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:
*Attachments to Ordinance No. 3686 are pages 34A through 34D.
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EXHIBIT A
ATTACHMENT TO ORDINANCE NO. 3686
A. Delete the Section entitled King Street East of Washington Street from page 49 of the Old Town Small Area Plan Chapter of the Master Plan.
B. Add the following test to the Old Town Small Area Plan Chapter of the Master Plan.
GOALS AND POLICIES AS AMENDED OR ADDED BY CITY COUNCIL
Goals of the Old Town Restaurant Policy
1. To lessen the on-street parking impact of restaurants in Old Town and adjacent areas;
2. To prevent rowdiness and vandalism from patrons leaving restaurants, particularly in the late evening; and
3. To control the spread of litter in Old Town.
Policies to attain the goals of the restaurant policy.
City Council shall not approve a request for special use permit for any new restaurant, carryout or fast food establishment or an expansion of an existing restaurant, carryout or fast food establishment, unless it finds that the request does not significantly impact nearby residential neighborhoods. City Council shall consider the cumulative impact of the proposal and the number of already established restaurants, carryouts, fast food establishments and the number of food service seats, bar seats and standing service areas in the immediate area. In the case of an expansion or other intensification, the entire operation of the establishment may be taken into account in determining its impact upon the nearby residential neighborhoods. In making that determination, City Council shall consider the following factors:
a) The availability of off-street parking.
b) The predicted impact of the restaurant on parking supply in the adjacent neighborhood.
c) The extent to which the restaurant is open in the late night hours.
d) The extent to which alcohol (such as spirits, mixed drinks, wine, and beer) consumption will predominate over food consumption and would consider the number of bar seats, if any, and the standing areas in the vicinity of bars.
e) The predicted extent of litter generated in nearby neighborhoods.
34A
City Council shall separately adopt criteria for determining the extent to which each of the factors is met.
Diversity
The City should do whatever possible to retain a mix of restaurants and shops providing a diversity of goods and services in the King Street area.
ord\3686ins.a
34B
EXHIBIT B
ATTACHMENT TO ORDINANCE NO. 3686
Development without a CDD Special Use Permit
Within the designated CDD area, the OC zone regulation shall apply for the existing office area and the existing vacant area, the CG zone regulation shall apply for the shopping center area, and the RA zone shall apply for the existing residential area, with the following additional provisions:
1. the F.A.R. of development does not increase over the existing F.A.R. for the developed portion of the site
2. provided that the F.A.R. does not exceed 1.0 on the vacant portion of the site, and provided that heights do not exceed 50' on any portion of the site
3. At least 43 acres shall be maintained in or adjacent to the Botanical Preserve as open space and shall not be used in calculating [FAR?] for development without a CDD SUP.
4. In the area bounded generally by Beauregard Street, Seminary Road, I-395, and Roanoke Avenue buildings may rise to a height of 100 feet except:
a. No buildings shall be constructed in the first 50 feet measured from the curb of Beauregard Street. If surface parking is located in this area, it shall be screened by a planting area at least 10 feet deep along Beauregard.
b. Buildings along Beauregard may exceed 50 feet in height by one foot for each foot they are set back beyond 50 feet from the curb of Beauregard, up to the maximum 100 feet in height.
Development With a CDD Special Use Permit
Because a significant portion of this district is already developed for residential, with some retail, a hotel and some office, the following principles are proposed to maintain the entire district as a mixed use development:
1. Existing development in the CDD should shall be maintained at existing densities and uses; the undeveloped areas should be developed in accord with the following principles.
2. Because of the vast size of the undeveloped areas, overall densities of development in that area should shall be limited to a F.A.R. of 1.0. However, in order to encourage the owner to dedicate an additional 20-30 25 acres to the Winkler Botanical Preserve (to which 18 acres have been dedicated to date) open space, greater densities should shall be allowed on the non-dedicated parcels as long as the total density of the currently undeveloped area (approximately 104 acres) does not exceed an F.A.R. of 1.0.
34C
3. An additional 12-22 acres shall be maintained as open space. Consistent with Principle No. 2. the 43 acres shall be maintained as the Winkler Botanical Preserve.
4. The remaining undeveloped areas occur on two plateaus and may be developed for office buildings, although mixed use (office, retail service and residential) is strongly encouraged.
5. The undeveloped plateau at Seminary Road and the Shirley Highway may be developed with office buildings of up to 150 feet in height. Structured parking is encouraged in order to maintain open areas.
6. The undeveloped plateau along Beauregard Street may be developed with office buildings, although mixed use (office, retail, service and residential) is strongly encouraged. Where possible, landscaping should shall be maintained along Beauregard Street. Buildings along Beauregard Street should shall be kept low, preferably 50 feet and not to exceed 77 feet. On the part of the site away from Beauregard Street, taller buildings of up to 150 feet are allowed. Any retailing or service center should shall be located along Beauregard Street, in the vicinity of the existing commercial center. The southernmost part of the plateau needs to provide a buffer between the commercial buildings and the low scale residential buildings to the south. Points of access to Beauregard Street should shall be kept to a minimum; access to the area should shall be provided via Nottingham and a new road through the area. Surface parking should shall be kept to a minimum in order to maintain the greatest possible open landscaped area.
7. The height limit on this tract will be 150 feet, with consideration given to two buildings of not more than 250 feet each.
ord\36B6ins.b
34D
ORDINANCE NO. 3687
AN ORDINANCE to vacate a 62,427 square foot portion of public right-of-way consisting of the 600 and 700 blocks of North Armistead Street located in the City of Alexandria, Virginia.
WHEREAS, the Council of Co-Owners of Beauregard Heights ("Applicant"), which represents the owners of the properties along the 600 and 700 blocks of North Armistead Street in the City of Alexandria, has applied for the vacation of the public right-of-way consisting of the 600 and 700 blocks of North Armistead Street, which right-of-way forms a 66.00 foot wide cul-de-sac off of Beauregard Street and is surrounded by the Beauregard Heights community, as shown on the plat prepared by Holland Engineering, dated July 7, 1993 ("Plat") (attached hereto); and
WHEREAS, the vacation of this public right-of-way, as well as of storm sewers located on Beauregard Heights properties along the 600 and 700 blocks of North Armistead Street, which sewers serve and carry water solely from some or all of said properties, has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, all existing easements, if any, for public utilities (e.g., sewer, electricity, telephone, gas, water), as well as all existing easements for fire hydrants, sanitary sewers and storm sewers, that are located in the public right-of-way to be vacated by this ordinance are not to be affected by this vacation;
WHEREAS, all existing easements, if any, for ingress and egress of public vehicles, including emergency vehicles, that are located in the public right-of-way to be vacated by this ordinance are not to be affected by this vacation;
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, 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 public right-of-way and the storm sewers referenced above are no longer needed for public use and that it is in the public interest that they be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the hereinafter described public right-of-way, as shown on the Plat, be and the same hereby is vacated:
Beginning at a point in the westerly line of North Beauregard Street (variable width), said point marking the northerly corner of Tax Map Parcel 37.00-01-15 of the land of Presidential Realty Corp., et al., thence with the westerly line of said street, North 26o 09' 30" East 96.83 feet to a point marking a corner of the Land of Beauregard Heights Unit Owners Association in common with the southwest corner of North Armistead Street and being the true point of beginning; thence, running with the westerly line of North Armistead Street and contiguous land of Beauregard
35
Heights the following courses and distances: with the arc of curve #C1 to the left whose radius is 38.00 feet for an arc of 6.67 feet to a point, North 42o43' 35" West 31.00 feet to a point, South 47o 16' 25" West 10.00 feet to a point of curvature, with the arc of curve #C2 to the right whose radius is 254.09 feet for an arc of 143.25 feet to a point, North 10o 52' 34" West 107.29 feet to a point of curvature, with the arc of curve #C3 to the left whose radius is 254.00 feet for an arc of 83.55 feet to a point, North 29o 43' 16" West 60.03 feet to a point of curvature, with the arc of curve #C4 to the right whose radius is 134.00 feet for an arc 107.58 feet to a point, North 16o 16' 35" East 14.93 feet to a point of curvature, with the arc of curve #C5 to the right whose radius is 248.00 feet for an arc of 313.50 feet to a point, North 88o 42' 19" East 118.00 feet to a point, South 01o 17' 41" East 110.00 feet to a point, South 88o 42' 19" West 97.00 feet to a point, North 01o 17' 41" West 44.00 feet to a point, South 88o 42' 19" West 21.00 feet to a point of curvature, with the arc of curve #C6 to the left whose radius is 182.00 feet for an arc of 230.08 feet to a point, South 16o 16' 35" West 14.93 feet to a point of curvature, with the arc of curve #C7 to the left whose radius is 68.00 feet for an arc of 54.59 feet to a point, South 29o 43' 16" East 60.03 feet to a point of curvature, with the arc of curve #C8 to the right whose radius is 320.00 feet for an arc of 105.25 feet to a point, South 10o 52' 34" East 107.23 feet to a point of curvature, with the arc of curve #C9 to the left whose radius is 153.72 feet for an arc of 4.68 feet to a point. South 77o 22' 46" West 10-50 feet to a point of curvature, with the arc of curve #C10 to the left whose radius is 164.22 feet for an arc of 100.24 feet to a point of compound curvature, with the arc of curve #C11 to the left whose radius is 33.50 feet for an arc of 22.68 feet to a point in the aforementioned line of North Beauregard Street, and with said street, South 26o 09' 30" West 65.42 feet to the true point of beginning.
Containing a total area of street to be vacated of 62,427 square feet of 1.4342 acres.
Section 2. That all existing easements for storm sewers located on properties along the 600 or 700 blocks of North Armistead Street, which sewers only serve, and only carry water from, said properties, or from a portion thereof, be and the same hereby are vacated.
Section 3. That the vacations set out in Sections 1 and 2 be and the same hereby are subject to the conditions set forth below:
(a) The Applicant shall subdivide the public right-of-way described in Section 1 that is to be vacated by this ordinance in order to create a lot of record (the "Lot"), and shall submit a plat showing the subdivided Lot to, and obtain the approval of, the director of transportation and environmental services prior to the recordation of this ordinance.
36
(b) The Lot shall be maintained solely and continuously as a right-of-way for purposes of serving the Beauregard Heights community along the 600 and 700 blocks of North Armistead Street.
(c) There shall be no construction of any building or other structure, at any time, upon the Lot.
(d) All existing easements, if any, for public utilities (e.g., sewer, electricity, telephone, gas, water) that are located in the public right-of-way described in Section 1 which is to be vacated by this ordinance shall not be, and are not, affected by this vacation.
(e) None of the area of the public right-of-way described in Section 1 which is to be vacated by this ordinance shall be credited toward floor area density or otherwise toward the amount of development that may occur on any land adjacent to the Lot, or any portion thereof, or on any other land.
(f) All existing public easements for ingress-egress of public vehicles, including emergency vehicles, and all existing easements for fire hydrants, which easements are located in the public right-of-way described in Section 1 which is to be vacated by this ordinance, shall not be, and are not, affected by this vacation.
(g) All costs to maintain, repair and replace the public right-of-way described in Section 1 which is to be vacated by this ordinance, as well as the street lights located within such right-of-way, shall, from and after the effective date of this ordinance, be the sole responsibility of the Council of Co-owners of Beauregard Heights.
(h) Conditions (b), (c), (e) and (g) are intended to, and shall, be covenants running with the land of the Lot.
Section 4. That the city manager be and 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 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.
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Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the condition set forth above in section 3(a) has been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the condition set forth in section 3(a) has been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of either the COUNCIL OF CO-OWNERS OF BEAUREGARD HEIGHTS or such other name as is deemed proper by the clerk of the court, and such recordation shall be done by the Applicant at its own expense.
PATRICIA S. TICER
Mayor
Attachment: Vacation Plat
Introduction: 12/7/93
First Reading: 12/7/93
Publication: 12/8/93; 12/9/93
Public Hearing: 12/11/93
Second Reading: 12/11/93
Final Passage: 12/11/93
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32. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to repeal the provisions in the city code regarding the city's investment in certain companies doing business in South Africa. (#17 12/7/93) (ROLL-CALL VOTE)
(A copy of the City Attorney's memorandum dated December 3, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 12/11/93, 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.
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. 3688
AN ORDINANCE to repeal Section 3-1-2 (INVESTMENT OF FUNDS) of Chapter 1 (GENERAL PROVISIONS), 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 3-1-2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
PATRICIA S. TICER
Mayor
Introduction: 12/7/93
First Reading: 12/7/93
Publication: 12/8/93; 12/9/93
Public Hearing: 12/11/93
Second Reading: 12/11/93
Final Passage: 12/11/93
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33. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend Section 6-403(B) of the Zoning Ordinance to allow a waiver of the requirement that rooftop mechanical appurtenances be screened if the Board of Architectural Review finds screening to be architecturally inappropriate. (#18 12/7/93) (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 ROLL-CALL vote of 6-to-0, 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 out of room
The ordinance finally passed reads as follows:
ORDINANCE NO. 3689
AN ORDINANCE to amend and reordain Section 6-403 (GENERAL REGULATIONS AND EXCEPTIONS), under Section 6-400 (HEIGHT DISTRICTS), of Article VI (SPECIAL AND OVERLAY ZONES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (B) of Section 6-403 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new paragraph (3) to read as follows:
(3) For buildings located within the Old and Historic Alexandria District or the Parker Gray District, or for buildings outside such districts designated pursuant to section 10-300, the board of architectural review having jurisdiction of the matter may, after public hearing, waive or modify the screening requirement of section 6-403(B)(1), if the board finds such requirement to be architecturally inappropriate.
Section 2. That Section 6-403 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 and 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 on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.
PATRICIA S. TICER
Mayor
Introduction: 12/7/93
First Reading: 12/7/93
Publication: 12/8/93; 12/9/93
Public Hearing: 12/11/93
Second Reading: 12/11/93
Final Passage: 12/11/93
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34. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend Section 9-105 of the Zoning Ordinance to allow modification of the ordinance's sign regulations for large planned developments pursuant to an approved coordinated sign program approved by special use permit. (#19 12/7/93) (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. 3690
AN ORDINANCE to amend and reordain Section 9-105 (STANDARDS FOR PERMITTED SIGNS, MARQUEES AND AWNINGS), under Section 9-100 (GENERAL PROVISIONS), of Article IX (SIGNS, MARQUEES AND AWNINGS) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 9-105 of the City of Alexandria Zoning ordinance be, and the same hereby is, amended by adding thereto a new subsection (F) to read as follows:
(F) Coordinated sign program. As an alternative to signs, marquees or awnings otherwise permitted under this Article IX, signs, marquees or awnings may be permitted in a coordinated development district in accordance with a coordinated sign program approved by special use permit.
(1) A proposed coordinated sign program shall include a statement of justification for such program, in addition to information which describes the number, location, size, height, color, material, and type of illumination, if applicable, of all proposed signs within the program, as well as the information to be displayed on the signs.
(2) A proposed coordinated sign program may be approved if council finds that it provides the same or greater benefits to the public as the otherwise applicable sign regulations.
Section 2. That Section 9-105 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 ZoningOrdinance.
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Section 3. That this ordinance shall become effective upon the date and 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 on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning ordinance, except as may be provided in Article XII of said ordinance.
PATRICIA S. TICER
Mayor
Introduction: 12/7/93
First Reading: 12/7/93
Publication: 12/8/93; 12/9/93
Public Hearing: 12/11/93
Second Reading: 12/11/93
Final Passage: 12/11/93
35. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone part of 4349 Duke Street from RA multi-family to CG/commercial general, and to rezone 605 Franklin Street from RM/residential townhouse to CL/commercial low. (#20 12/7/93) (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. 3691
AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by amending and reordaining Sheet No. 49.00 to rezone part of the property at 4349 Duke Street (Zoning Map and Tax Map Parcel No. 49.00-05-40) from RA/Multifamily Zone to CG/Commercial General Zone, and by amending and reordaining Sheet No. 80.02 to rezone the property at 605 Franklin Street (Zoning Map and Tax Map Parcel No. 80.02-02-40) from RM/Townhouse Zone to CL/Commercial Low Zone.
WHEREAS, the planning commission, on its own motion, has initiated the rezoning of part of the property known as 4349 Duke Street (Zoning Map and Tax Map Parcel No. 49.04-05-40) from RA/Multifamily Zone to CG/Commercial General Zone, and the rezoning of the property known as 605 Franklin Street (Zoning Map and Tax Map Parcel No. 80.02-02-40) from RM/Townhouse Zone to CL/Commercial Low Zone; and
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WHEREAS, the said rezonings are technical corrections to the zoning map to bring the zoning of said properties into conformity with the 1992 Master Plan of 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
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1.That Sheet No. 49.04-05-40 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 hereafter described:
Part of 4349 Duke Street (Zoning Map and Tax Map
Parcel No. 49.00-05-40), containing approximately 22,140
square feet of land area, as shown on the sketch plan entitled
"RZ #93-6 (4349 Duke Street)," dated October 5, 1993, attached
hereto and incorporated herein by reference.
FROM: RA/Multifamily Zone
TO: CG/Commercial General Zone
Section 2. That Sheet No. 80.02-02-40 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 hereafter described:
605 Franklin Street (Zoning Map and Tax Map Parcel
No. 80.02-02-40), containing approximately 1,200
square feet of land, as shown on the sketch plan
entitled "RZ #93-2 (605 Franklin Street)," dated October 5,
1993, attached hereto and incorporated herein by reference.
FROM: RM/Townhouse Zone
TO: CL/Commercial Low Zone
Section 3. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendments on the said map.
Section 4. That Sheet No. 49.00 and Sheet No. 80.02 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning ordinance.
section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
PATRICIA S. TICER
Mayor
Introduction: 12/7/93
First Reading: 12/7/93
Publication: 12/8/93; 12/9/93
Public Hearing: 12/11/93
Second Reading: 12/11/93
Final Passage: 12/11/93
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36. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone 6102 Lincolnia Road from proffered co/commercial office to CRMU-M/commercial residential mixed use-medium. (#21 12/7/93) (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. 3692
AN ORDINANCE to amend and reordain Sheet No. 47.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the property at 6102 Lincolnia Road (Zoning Map and Tax Map Parcel No. 47.00-02-07) from Proffered CO/Commercial Office Zone to CRMU-M/Commercial Residential Mixed Use-Medium Zone.
WHEREAS, Quantrell Town Homes Ltd. Partnership, c/o Eakin/Youngentob Associates, by Cyril D. Calley, Attorney, has filed an application to change the zoning classification established by the Official Zoning Map for the property known as 6102 Lincolnia Road from Proffered CO/Commercial Office Zone to CRMU-M/Commercial Residential Mixed Use-Medium Zone; and
WHEREAS, the 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,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sheet No. 47.00 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:
6102 Lincolnia Road (Zoning Map and Tax Map Parcel
47.00-02-07), having approximately 3.1293 acres of land area;
as shown on the plat entitled "Boundary Survey of
Land of Presidential Realty Corp., et als.," dated August
24, 1987, attached hereto and incorporated herein by reference.
FROM: Proffered CO/Commercial Office Zone
TO: CRMU-M/Commercial Residential Mixed Use-Medium Zone
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Section 2. That any and all proffered zoning conditions heretofore pertaining to the property be, and the same hereby are, repealed.
Section 3. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.
Section 4. That Sheet No. 47.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
PATRICIA S. TICER
Mayor
Introduction: 12/7/93
First Reading: 12/7/93
Publication: 12/8/93; 12/9/93
Public Hearing: 12/11/93
Second Reading: 12/11/93
Final Passage: 12/11/93
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 37 - 45
37. SUP #2737 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service (coffeehouse) and parking reduction for the use located at 401 East Braddock Road; zoned CSL, Commercial Service Low. Applicant: Michael Elmendorf.
COMMISSION ACTION: Deferred by Staff
Reason: Applicant failed to send legal notices.
38. SUP #2745 - Public Hearing and Consideration of a request for a special use permit for the installation of storage trailers on the property located at 4105 Duke Street; zoned CC, Community Commercial. Applicant: Northern Virginia Law School, by Alfred Avins.
COMMISSION ACTION: Deferred by Staff
Reason: Applicant failed to send legal notices.
39. TA #92-021 - Public Hearing and Consideration of an amendment to section 2-129 (Definition--Congregate Housing Facility); amendments to the RA, RCX, RC and RD zones; and the adoption of a new provision, section 7-1700 (Supplemental Regulations--Single Room Occupancy), all to clarify that single-room occupancy housing is allowed in some zones, subject to certain limitations. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Deferred 6-0
Reason: To allow neighborhood association time to review the text amendment.
40. SUP #1569-E - Public Hearing and Consideration of a request for a special use permit to add an outdoor play area and amend a condition concerning the play area for the existing day nursery located at 6 West Masonic View Avenue; zoned R-5, Residential. Applicant: Baptist Temple Church, by Dr. Michael L. Allen.
COMMISSION ACTION: Deferred 6-0
Reason: Request for deferral by applicant; to resolve issues with adjacent neighbors.
41. SUP #2594-A - Public Hearing and Consideration of a request for a special use permit to extend the validity of the special use permit and site plan for the parking lot located at 4501-4601 Duke Street; zoned RA, Residential. Applicant: First Alexandria Associates, by H. Alan Young, attorney.
COMMISSION ACTION: Deferred by Staff
Reason: To allow Site Plan #92-011-A to be heard with the special use permit.
42. SUP #2605-B - Public Hearing and Consideration of a review of a special use permit for the existing automobile sales and repair facility located at 5800 Edsall Road; zoned CG, Commercial General. Applicant: James M. Kline.
COMMISSION ACTION: Deferred by Staff
Reason: Applicant failed to send proper notice.
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43. SUP #2635-A - Public Hearing and Consideration of a review of a special use permit for the existing child care home located at 5200 Maris Avenue; zoned RA, Residential. Applicant: Melvey Denise Brown.
COMMISSION ACTION: Withdrawn
Reason: Request for withdrawal by applicant.
44. SUP #2736 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service located at 4116 Wheeler Avenue; zoned I, Industrial. Applicant: Logan Food Company, Inc., by Clifford R. Logan, Jr.
COMMISSION ACTION: Deferred 6-0
Reason: Applicant failed to attend public hearing.
45. SUP #2748 - Public Hearing and Consideration of a request for a special use permit to operate a not-for-profit community center located at 3804 Executive Avenue; zoned RA, Residential. Applicant: Alexandria Health Department, by Joshua Lipsman, M.D., M.P.H.
COMMISSION ACTION: Deferred 6-0
Reason: To allow staff time for further study.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council noted the deferrals and withdrawal. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 6:16 p.m., the Special Public Hearing Meeting of December 11, 1993, was adjourned. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich out of room
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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