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Public Hearing Meeting
Saturday, December 17, 1994 - - 9:30 am

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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, and Lois L. Walker.

Absent: Council Member Lonnie C. Rich.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Davis, Director of Housing; Mr. Brannan, Assistant City Manager; Mr. Gitajn, Director of Financial and Information Services; Senator Calhoun; Delegate VanLandingham; Mr. Smith, Urban Planner, Planning and Zoning; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Fire Chief Hawkins; and Lieutenant Robbins, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.


OPENING

The Meeting was called to order by Mayor Ticer and the City Clerk called the Roll; all Members of City Council were present except for Council Member Rich.

(a) Sarah Becker, 105-107 South Fairfax Street, Director, Stabler Leadbeater Apothecary Museum, shared another national story on behalf of the Apothecary. She pointed out that in the upcoming February 1995 issue of "Colonial Homes Magazine", there is an article feature about the archival material that has yet to be fully explored. She thanked those who made it all possible. She shared some of the products that are available at the Apothecary with the City's ambassadors.

(A copy of the article is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (a); 12/17/94, and is incorporated herewith as part of this record by reference.)

(b) Randy Stephens, P. O. Box 19029, representing the Alexandria African-American Festival, spoke in regard to the Special Events Task Force Committee which canceled a concert that he had scheduled at George Washington Junior High School. He was given approval at one time and then was canceled. He stated that the Police Department


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requested them to have between 15 and 20 Police Officers to have the concert, scheduled for November 18, from 7:00 p.m. to 11:00 p.m. He indicated that he has a receipt for $1500 from the City for booth spaces at last year's African-American Festival which means that they do have a viable well-working program. He stated that the group would like to be identified with the Cultural-Arts Plan for the City. He indicated that they would like to have the rights and privileges of any other organization participating in the community.

(A copy of material from Mr. Stephens is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2 (b); 12/17/94, and is incorporated herewith as part of this record by reference.)

Councilman Euille stated that there will be a meeting with staff and Mr. Stephens as a result of an earlier letter Councilman Euille had received from Mr. Stephens with respect to concerns and issues. Councilman Euille indicated that staff would not be able to address the issues that Mr. Stephens raised this morning. Councilman Euille stated the intent of the meeting which is to be scheduled is to get answers for Mr. Stephens so that perhaps this will not happen again in the future.

The City Manager stated that the issues here, as it is with the Red Cross Festival or the Chili Festival or anything else, is given the anticipated crowd and other considerations, what is the appropriate level of City staffing and Police presence. She indicated the City has had experiences in the past, not with this group, but had a near riot. She feels very strongly while we want to encourage all kinds of events in the City throughout the year, it is important that we listen to Public Safety and follow their suggestions as to what the appropriate staffing levels will be.

The City Manager stated that she will have everybody at the meeting with Mr. Stephens and will report back to the Council.

Councilman Cleveland stated that he will volunteer his time for free when Mr. Stephens has the Festival.

(c) Kieva Lewis, 67 Yale Drive, student at Minnie Howard School, spoke in support of more functions for bands for the City. She indicated that if you have more functions for bands in the City that we could get more young people and young adults off of the streets because they will have a place to look forward to go to for entertainment.

(d) Willie Slade, 67 Yale Drive, spoke on behalf and in support of the Ovations Band. They are willing to work with the city.

(e) Michael Willingham, 3800 King Street, representing several organizations that have supported the Committee, the Festival and Randy Stephens over several years. It is looked at as an opportunity to give back to the community and to celebrate the rich and unique contributions of the City of Alexandria and African-Americans in this City. He urged the City to give favorable consideration to Mr. Stephens' request this morning to help maintain a diversity.

(f) Billy Sub, 402 Laverne Avenue, leader of the Ovation Band, spoke in support of a resolution to the problem so that it will be a lot easier to work together than working against each other.





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Mayor Ticer stated that this has been the policy that has been followed and that this will all be discussed and resolved in the upcoming meeting.

(g) Steve Thurman, 1003 Colonial Avenue, representing the group, Step 4, would like to have a place to perform in the City. The group travels the east coast and are well accepted.

Councilman Euille stated that Council and the public have gotten the message from the speakers this morning. The situation that happened was unfortunate, but we will be meeting and hoping to resolve any differences that have evolved.

(i) Councilwoman Pepper announced that Alexandria has been singled out as one of five cities that is one of the areas that will be on the Super Information Highway and are being used as examples for the rest of the world if you want to know what it is going to be like. There was an article in the January issue of the "Reader's Digest", but it is a condensed article which appeared in "Popular Science".

(A copy of the article is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (i); 12/17/94, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

WITHOUT OBJECTION, City Council removed Docket Item Nos. 3, 9, 13 and 14 from the Consent Calendar, and added Docket Item No. 26 to the Consent Calendar.

Planning Commission

4. SUP #94-0338 -- 512 SOUTH VAN DORN STREET, UNIT C - Public Hearing and Consideration of a review of a special use permit and request to amend a condition concerning parking automobiles; zoned CG/Commercial General. Applicant: Enterprise Rent-A-Car, by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/17/94, and is incorporated herewith as part of this record by reference.)

5. SUP #94-0348 -- 5001 EISENHOWER AVENUE - Public Hearing and Consideration of a request for an 18-month extension to a special use permit, with site plan, for a 12-story (136 feet), 575,246-square-foot office building, pursuant to Section 11-506(C) of the Zoning ordinance. The special use permit was to increase height over 100 feet and for a Transportation Management Plan. The property contains 16.0 acres; zoned OCM (100)/Office Commercial Medium. Applicant: LNT Associates, by Barbara P. Beach, attorney.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/17/94, and is incorporated herewith as part of this record by reference.)




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6 SUP #94-0349 -- 1019 MADISON STREET - Public Hearing and Consideration of a review of a special use permit for a child care home; zoned RB/Residential. Applicant: Donna Michele Jones.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/17/94, and is incorporated herewith as part of this record by reference.)

7. SUP #94-0350 -- 6017 LOWELL AVENUE - Public Hearing and Consideration of a review of a special use permit for a child care home; zoned R-12/Residential. Applicant: Myra S. Guerra.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/17/94, and is incorporated herewith as part of this record by reference.)

8. SUP #94-0351 -- 0 PRINCE STREET - Public Hearing and Consideration of a review of a special use permit for a docking facility for cruise ships; zoned W-1/Waterfront Mixed Use. Applicant: Potomac Party Cruises and Port of Alexandria, by Nina Wilson.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/17/94, and is incorporated herewith as part of this record by reference.)

10. SUP #94-0353 -- 109 CLERMONT AVENUE - Public Hearing and Consideration of a request for a special use permit for a catering business; zoned OCM-100/Office Commercial Medium. Applicant: Reinhardt and Singer Associates, Inc., by Warren L. Almquist, architect.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/17/94, and is incorporated herewith as part of this record by reference.)

11. SUP #94-0354 -- 1017 PRINCESS STREET - Public Hearing and Consideration of a request for a special use permit for a reduction of the required residential off-street parking; zoned CL/Commercial Low. Applicant: Michael and Carolyn Landi.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/17/94, and is incorporated herewith as part of this record by reference.)







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12. ENCROACHMENT #94-0010 -- 305 CHARLES ALEXANDER COURT Public Hearing and Consideration of a request for encroachment into the public right-of-way for the construction of stone walls; zoned R-12/Residential. Applicant: Paul and Diane Mahefky.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 12/17/94, and is incorporated herewith as part of this record by reference.)

26. SUP #94-0317 -- 1319 POWHATAN STREET - Public Hearing and Consideration of a request for a special use permit to operate a funeral home with valet parking and stacked parking; zoned CSL/Commercial Low. Applicant: BJN Corporation, t/a Lewis Funeral Home, by Barbara P. Beach, attorney.
COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Ms. Beach's letter dated December 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Ms. Beach's letter dated December 13, 1994, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 3 of Item No. 26; 12/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously by all those present, City Council approved the Action Consent Calendar as presented with the exception of Docket Item Nos. 3, 9, 13 and 14, and noted the withdrawal of Docket Item No. 26 and referred the letter received to staff to report back. 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.

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

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.

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

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.

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.

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

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

26. Noted the withdrawal and referred the letter Council received to staff outlining four particular points about the withdrawal and requested a response back. [Letter referred to is from Barbara P. Beach, attorney for applicant, and is dated December 16, 1994.]

END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich absent
Walker "aye"

3. TA #94-014 - Public Hearing and Consideration of a text amendment to amend Section 11-300 (Required Notice for Public Hearings) of the Zoning Ordinance to require that written notice be given by registered or certified mail and to otherwise make the notice rules consistent with state law. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of a memorandum dated December 16, 1994, from the Chairman of the Board of Architectural Review, Old and Historic Alexandria District, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 12/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, 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 referred to the City Attorney for the preparation of an ordinance with the instructions that an exemption for the Board of Architectural Review somehow be incorporated, if possible. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"




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9. SUP #94-0352 -- 317 EVANS LANE - Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RB/Residential. Applicant: Bernadette L. Johnson-Green.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 12/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, 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:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

13. SUP #94-0355 -- 1400 NORTH ROYAL STREET - Public Hearing and Consideration of a request for a special use permit for a portable recycling facility; zoned UT/Utilities and Transportation. Applicant: Potomac Electric Power Company, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Ms. Van Houten's letter dated December 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 12/17/94, and is incorporated herewith as part of this record by reference.)

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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council deferred this and requested a little more discussion with the neighbors, Pepco, and City staff so that we can come to some kind of a negotiated agreement and closed the public hearing. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

14. STREET NAME #94-0001 - Public Hearing and Consideration of changing the name of Clermont Avenue south of Eisenhower Avenue to "Eisenhower Avenue Connector."
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/17/94, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, 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:

Donley "aye" Cleveland "aye"
Pepper aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

15. Public Hearing and Consideration of the 1995 Gypsy Moth Suppression Program.

(A copy of the City Manager's memorandum dated December 13, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/17/94, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously by all those present, City Council held a Public Hearing and approved a 1995 gypsy moth suppression program as recommended by staff, with the following components: (1) Aerial spraying of the 44 acres shown in Attachment 1 of the memorandum with Bacillus thuringiensis (B.t.), in cooperation with the Virginia Department of Agriculture and consumer Services (VDACS). (The area shown is the Beverly Hills 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 distribution of burlap for banding trees and educational materials in cooperation with the Virginia Department of Agriculture and Consumer Services. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

16. Receipt of Report on Issues Raised at Council Work Session and Results of Meeting with Regard to the Proposal to Create a Regional Convention Center Authority. (WS 11/22/94) [THIS IS NOT A PUBLIC HEARING ITEM.]

(A copy of the City Manager's memorandum dated December 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/17/94, and is incorporated herewith as part of this record by reference.)





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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the recommendation of the City Manager and supported a study, by either the State Secretary of Commerce and Trade or the Joint Legislative Audit Review Commission (JLARC), to be undertaken in cooperation with the business community and affected local governments: (1) to analyze the financial costs and benefits--both to the State and to local governments in Northern Virginia--of a first-tier convention center (with 700,000 square feet of exhibit space) on Potomac Yard, and, (2) if the aggregate benefits to the State and local governments in Virginia exceed the costs, to recommend a financing mechanism that would rationally allocate the costs to the State and local governments in proportion to the benefits each would derive. The voting was as follows:

Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich absent

17. Verbal Report from City Attorney on Discussions Regarding Item in Proposed 1995 Legislative Package Proposing Amendment to Heart/Lung Presumption in Virginia Code 65.2-402. (WS; #8 11/22/94) [THIS IS NOT A PUBLIC HEARING ITEM.]

WHEREUPON, a motion was made by Vice Mayor Cleveland, seconded by Councilwoman Pepper that City Council reject the inclusion of the Heart/Lung Presumption Bill in the proposed 1995 Legislative Package, and put up for discussion later what Assistant City Manager Evans discussed and sit down with the Police Department to try to work something out [with respect to smoking, nutrition education, health-oriented programs and exercise].

THEREUPON, an amendment to the original motion was offered by Councilwoman Pepper, seconded by Councilman Euille and carried on a vote of 5-to-1, to include as things come up from discussions and from the progress of the legislative assembly on this topic that they be brought before Council for its consideration. The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "no"
Ticer "aye" Rich absent
Walker "aye"







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WHEREUPON, Council returned to the original motion which now includes the amendment, which original motion was made by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 5-to-1, City Council rejected the inclusion of the Heart/Lung Presumption Bill in the proposed 1995 Legislative Package, put up for discussion later what Assistant City Manager Evans discussed and sit down with the Police Department to try to work something out [with respect to smoking, nutrition education, health-oriented programs and exercise], and included as things come up from discussions and from the progress of the legislative assembly on this topic that they be brought before Council for its consideration. The voting was as follows:

Cleveland "no" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

18. Public Hearing on and Consideration of Proposed Bill to Amend the Alexandria Charter.

(A copy of the City Attorney's memorandum dated December 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Councilman Cleveland and carried unanimously by all those present, City Council adopted the proposed Bill to amend the City Charter and incorporated it in our General Assembly Package for 1995. The voting was as follows:

Donley "aye" Ticer "aye"
Pepper "aye" Euille "aye"
Cleveland "aye" Rich absent
Walker "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 40 at this time.

40. Consideration of a Report Concerning Confidentiality of Juvenile Records and Verbal Report from the City Attorney regarding possible amendments to Virginia Code 16.1-309.1 which addresses the disclosure, to the public, of certain information pertaining to juveniles who have been adjudicated delinquents. (#17 12/13/94) (Council Member Rich)
[THIS IS NOT A PUBLIC HEARING ITEM.]

(A copy of Council Member Rich's memorandum dated December 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Council Member Rich's paper dated December 13, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 40; 12/17/94, and is incorporated herewith as part of this record by reference.)

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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council supported the expansion of the current classifications to all felonies, forcible rape and robbery/burglary which are currently in the code, look at building another provision regarding repeated offenses, so that if there are numerous repeat offenses of even a misdemeanor classification the Judges at least have the option of waiving the confidentiality exemption for repeat offenders which we might want to classify as 3 or 4 repeat offenses, at least to build that flexibility in, which would include misdemeanors. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 30 at this time.

30. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate the public street cul-de-sac of Valley Forge Drive in the 200 block of South Pickett Street. (#24 12/13/94) [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading, as amended, as suggested by the City Attorney. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3763
AN ORDINANCE to vacate a portion of the public street right-of-way of Valley Forge Drive, consisting of a cul-de-sac totalling 8,051 square feet and located at the end of Valley Forge Drive, in the City of Alexandria, Virginia.

WHEREAS, the Unit Owners Association of Hillwood, A Condominium ("Applicant"), which owns property in the 200 and 300 blocks of South Pickett Street in the City of Alexandria has
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applied for the vacation of a portion of the public street right-of-way of Valley Forge Drive, consisting of a cul-de-sac totalling 8,051 square feet and located at the end of Valley Forge Drive which abuts the Applicant's property; and

WHEREAS, the portion of the Valley Forge Drive public street right-of-way to be vacated by this ordinance was dedicated to the City of Alexandria in 1988, by a Deed of Dedication and Subdivision which is recorded in deed book 1246, at page 1424, among the land records of the City of Alexandria, and is shown on the plat attached hereto as Exhibit A ("Plat"); and

WHEREAS, approval of the vacation of this public street right-of-way was not recommended by the Planning Commission of the City of Alexandria, but such recommendation was overridden by supermajority vote of the Council of the City of Alexandria; and

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

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

WHEREAS, 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 Valley Forge Drive public street right-of-way to be vacated by this ordinance is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereinafter described public street right-of-way, dedicated to the City of Alexandria in 1988, by a Deed of Dedication and Subdivision which is recorded in deed book 1246, at page 1424, among the land records of the City of Alexandria, and as shown on the Plat, be, and the same hereby is, vacated:

Section 2. That the vacation of the public street right-of-way described in Section 1 is subject to compliance with the conditions set forth below, each of which shall be satisfied in order for this vacation to become effective:

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1. Applicant shall consolidate the property being vacated by this ordinance with the property now owned by it, and shall provide a deed of such consolidation to the director of planning and zoning for his approval.

2. Applicant shall provide to the City of Alexandria a sanitary sewer easement for that part of the existing sanitary sewer that lies within the public street right-of-way being vacated by this ordinance, to the satisfaction of director of transportation and environmental services.

3. Applicant shall provide to the City of Alexandria a 24-foot wide emergency vehicle easement and a refuse collection easement connecting the existing easements of record located on the property now owned by Applicant with the Valley Forge Drive public street right-of-way, both to the satisfaction of the director of transportation and environmental services and the city fire marshal.

4. Applicant shall reserve appropriate easements for all public and private utilities located within the portion of the public street right-of-way being vacated by this ordinance.

5. All storm sewers located within the portion of the public street right-of-way being vacated by this ordinance shall, by appropriate conveyance, become the property of Applicant, and thereafter Applicant shall bear full responsibility for the maintenance and functioning of said sewers.

6. The entrance to the portion of the public street right-of-way being vacated by this ordinance shall be clearly delineated by Applicant to indicate that it is a private street, to the satisfaction of the director of transportation and environmental services.

Section 3. That the vacation of the public street right-of-way described in Section 1, once effective, shall remain subject to the following conditions:

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 conditions set forth above in section 2 have 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 conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of UNIT OWNERS ASSOCIATION OF HILLWOOD, A CONDOMINIUM, and such recordation shall be done by the Applicant at its own expense.



Attachment: Vacation Plat

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94







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19. Public Hearing and Consideration of the Cultural Plan for the City of Alexandria and a Strategic Plan for the Alexandria Commission for the Arts. (#10 11/22/94)

(A copy of the City Manager's memorandum dated December 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated November 11, 1994, together with a copy of the Plans, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Councilman Euille's memorandum dated December 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of the verbatim transcript with respect to the discussion on the King Street Gardens is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 19; 12/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried unanimously by all those present, City Council (1) adopted the principles outlined in "The Alexandria Cultural Plan" and the accompanying "Strategic Plan for the Alexandria Commission for the Arts". The Commission has stated that no commitment of City funds is associated with the adoption or implementation of this plan, and that the Commission will be required to secure alternative funding sources for any future project that results from adopting this plan; (2) requested the Mayor to work with the Commission for the Arts to create a Cultural Plan Implementation Steering Committee from members of the following organizations and areas, as recommended by the Commission for the Arts: one representative with expertise in marketing; one representative with expertise in the regional arts; one representative with
17


expertise in arts at the state level; one representative with expertise in the media; one representative with expertise in resource development; one representative from a social service agency; one representative with expertise in city planning; one representative from the Alexandria Library Board with expertise in information technology; one representative from the Alexandria School Board; one representative from the Alexandria Convention and Visitors Bureau; one representative from the Alexandria Park and Recreation Commission; one representative from the Alexandria Commission for the Arts; one representative from an Alexandria performing arts organization; one representative from an Alexandria visual arts organization; one representative from the Northern Virginia Community College; and two representatives at-large; (3) requested the City Manager to appoint the appropriate staff to serve as liaison to the Committee; and (4) requested the City Attorney to prepare an ordinance incorporating the recommendations of the Alexandria Commission for the Arts for the revision of Resolution 1209, including increasing the number of representatives on the Commission from 9 to 15, and an ordinance to establish a Cultural Plan Implementation Steering Committee. The voting was as follows:

Euille "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Rich absent

THEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried unanimously by all those present, City Council reallocated $200,000 [from the $400,000 that is already budgeted for the King Street Metro Station Area Capital Program] to the King Street Garden Park Committee, for the completion of the construction of the Park, with a memo of understanding that when the developers pick up with developing around the King Street Station that the money that was always envisioned would come from them for their portion of the Park, would come back into the General Fund to help pay what we are, in effect, giving them now. The voting was as follows:

Euille "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Rich absent

20. Consideration of Proposed Vision Setting Process for City Council. (#14 11/9/94) [THIS IS NOT A PUBLIC HEARING ITEM.]

(A copy of the City Manager's memorandum dated December 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried on a vote of 4-to-0, City Council approved the City Manager's recommendation regarding the visioning statement as follows: (1) conduct a vision-setting process for the purpose of developing a Vision Statement along with a set of Goals, Objectives, and Strategies in three issue areas that bear most directly on realizing that vision and that are within the City's ability to influence the future; (2) established a subcommittee of Council consisting of Mayor Ticer and Councilwoman Pepper to work with staff to develop a scope of work based on the general concept for a vision-setting process as discussed in Attachment 1 to the City Manager's recommendation and to report back to Council in January; (3) authorized the City
18



Manager to retain the services of a consultant experienced in assisting communities with visioning projects; and (4) authorized the expenditure of up to $15,000 for the project;

If City Council approves this recommendation, City staff would immediately begin an expanded search for consultants with experience in assisting communities with vision-setting projects. Working with staff, the Council subcommittee would develop a scope of work for the project; review the credentials of consultants, interview candidates, and retain a consultant; and report back to Council with its recommendations in January. The voting was as follows:

Donley "aye" Cleveland out of room
Walker "aye" Euille out of room
Ticer "aye" Pepper "aye"
Rich absent

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
21. CASE BAR-94-147 - Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic District, on September 21, 1994, denying a request for a Certificate of Appropriateness for approval of alterations to the house at 210 Thompson's Alley. Applicant: Eugene and June Trone. (#11 11/12/94)

BOARD ACTION: Denied 5-1

(A copy of the Board of Architectural Review's report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated September 28, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of a petition in support of the appeal and which is signed by neighbors of the property at 210 Thompson's Alley is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 21; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Mr. May's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 21; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Mr. Butler's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 21; 12/17/94, and is incorporated herewith as part of this record by reference.)


19


WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council deferred this item to the end of the meeting or until such time that Mr. Lewis returns. The voting was as follows:

Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich absent

Please see page 48 of these proceedings for the continuation of this item.

Planning Commission (continued)

22. SUP #94-0358 -- 1314 KING STREET - Public Hearing and Consideration of a request for a special use permit for an amusement enterprise (palm reader business); zoned CD/Commercial Downtown. Applicant: Michelle R. Megel, by John T. Donelan, attorney.
COMMISSION ACTION: Recommend Denial 5-1-1

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/17/94, and is incorporated herewith as part of this record by reference.

A copy of Mr. Donelan's letter dated December 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 12/17/94, and is incorporated herewith as part of this record by reference.)






20


WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 4-to-2, City Council reversed the decision of the Planning Commission and approved the application, subject to compliance with all applicable codes, ordinances and staff recommendations, with a one-year review. The voting was as follows:

Donley "aye" Cleveland "no"
Euille "aye" Pepper "no"
Ticer "aye" Rich absent
Walker "aye"

NOTE: CITY COUNCIL CONSIDERED DOCKET ITEM NOS. 23, 24 AND 25 TOGETHER AND MADE ONE MOTION FOR THE THREE ITEMS.

23. REZONING #94-005 -- 91 SOUTH EARLY STREET; 3681 WHEELER AVENUE - Public Hearing and Consideration of a request to remove proffers from the properties to permit development and use in accordance with the CSL/Commercial Service Low zone. Applicant: Early Street Properties, LLC, by Simpson Development Company, Donald F. Simpson, Sr.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/17/94, and is incorporated herewith as part of this record by reference.)

24. SUP #94-0308 -- 91 SOUTH EARLY STREET; 3681 WHEELER AVENUE - Public Hearing and Consideration of a request for a special use permit, with development plan, to construct a residential townhouse cluster with tandem parking; zoned CSL/Commercial Service Low. Applicant: Early Street Properties, LLC, by Simpson Development Company, Donald F. Simpson, Sr.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 12/17/94, and is incorporated herewith as part of this record by reference.)

25. VACATION #94-0010 -- 3681 WHEELER AVENUE - Public Hearing and Consideration of a request for a vacation of a portion of the public right-of-way; zoned CSL/Commercial Service Low. Applicant: Early Street Properties, LLC, by Simpson Development Company, Donald F. Simpson, Sr., and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/17/94, and is incorporated herewith as part of this record by reference.)


21


WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City council approved the following actions:

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

24. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the amendment to condition #24 and the addition of condition(s) #33, #34 and #35, and City Council added a condition #36 as follows: "The developer shall disclose in his sales documents that it is clear that people have the right to take their trucks from Wheeler Avenue as far as the existing industrial development on South Early Street."

25. City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Susan Kilpatrick, Chair, Norman Briere and Adam Ebbin as Viewers. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

27. SUP #94-0359 -- 1320 DUKE STREET - Public Hearing and Consideration of a request for a special use permit for an automobile sales business; zoned OC/Office Commercial. Applicant: Star Motors, Inc., Mohammed Sohrabian.
COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 12/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, 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" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"







22


ORDINANCES AND RESOLUTIONS

28. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend section 10-1-19 of the city code to make violations of title 10 of the code, which regulates the operation and parking of motor vehicles, a traffic infraction rather than a misdemeanor, except in those instances where the city code or a provision of the state motor vehicle law that has been incorporated into the city code expressly provides another classification or penalty for the offense. (#22 12/13/94) [ROLL-CALL VOTE]

(A copy of the joint City Attorneys' memorandum dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 12/17/94, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper 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:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3761

AN ORDINANCE to amend and reordain Section 10-1-19 (PENALTIES) of Chapter 1 (GENERAL PROVISIONS), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 10-1-19 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 10-1-19 Penalties.

Notwithstanding any other provision of this code to the contrary, the violation of any provision of this title for which no misdemeanor classification or civil penalty is expressly provided in this title shall be classified as a traffic infraction punishable by a fine of not more than $200.

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

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94



23


29. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way between the properties of 4001 and 4007 Mt. Vernon Avenue. (#23 12/13/94) [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman 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" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3762

AN ORDINANCE to vacate a portion of the public alley right-of-way adjacent to 4001 and 4007 Mount Vernon Avenue, in the City of Alexandria, Virginia.

WHEREAS, United Action Corporation, t/a 24 Hour Express ("Applicant"), which owns the property at 4007 Mount Vernon Avenue, in the City of Alexandria, has applied for the vacation of the public alley right-of-way which abuts its property at 4007 Mount Vernon Avenue and the neighboring property at 4001 Mount Vernon Avenue, which is owned by the Exxon Corporation; and

WHEREAS, the public alley right-of-way to be vacated by this ordinance is shown on the plat prepared by Alexandria Surveys, Inc., and dated May 13, 1994 ("Plat") (attached hereto), as "Outlot B" and "Outlot C"; and

WHEREAS, the vacation of this public alley right-of-way has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

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

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

WHEREAS, the city's real estate assessor has determined that the fair market values of the Outlot B and Outlot C portions of the public alley right-of-way to be vacated by this ordinance are $8,875 and $9,286, respectively; and

WHEREAS, the Exxon Corporation, the owner of the property at 4001 Mount Vernon Avenue, has expressed its support for the proposed vacation and has agreed to purchase Outlot C for $9,286; and

WHEREAS, pursuant to 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the Outlot B portion of the public alley right-of-way to be vacated by this ordinance be purchased by the Applicant for
24


$8,875 and the Outlot C portion of said public alley right-of-way be purchased by Exxon Corporation for $9,286; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto, and of the agreement of the Applicant and Exxon Corporation to comply with the conditions set forth below and the condition that they purchase the Outlot B and Outlot C portions of the public alley right-of-way to be vacated by this ordinance for $8,875 and $9,286, respectively, the Council of the City of Alexandria has concluded that said public alley right-of-way as shown on the Plat is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereinafter described public alley right-of-way, as shown on the Plat, be, and the same hereby is, vacated:
Outlot B
Outlot C


25


Section 2. That this vacation is subject to the Applicant and Exxon Corporation complying with the condition that they (and possibly others pursuant to paragraphs 3 and 4 of this section) purchase Outlot B and Outlot C, the above-described portions public alley right-of-way, for $8,875 and $9,286, respectively, and with each of the conditions set forth below:

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received payments totaling $8,875 and $9,286 for the vacation of Outlot B and Outlot C, respectively, and such receipt is noted on the face of the ordinance prior to its recordation.

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.

Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payments of $8,875 and $9,286 have been made to the city, as provided for in section 3, and the conditions set forth above in Section 2 have 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 payment noted above has been made to the city and the conditions set forth in Section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in the names of the CITY OF ALEXANDRIA and of UNITED ACTION CORPORATION, T/A 24 EXPRESS or of EXXON CORPORATION, or as otherwise may be appropriate, and such recordation shall be done by the Applicant at its own expense.

Attachment: Vacation Plat

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94







27



28
NOTE: Please see pages 12-16 of these proceedings for Ordinance No. 3763. Docket Item No. 30 was taken out of order.

31. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to incorporate into the city code recently enacted sections of title 18.2 and title 46.2 of the Virginia Code dealing with the operation of motor vehicles on public rights-of-way. (#25 12/13/94) [ROLL-CALL VOTE]

(A copy of the joint City Attorneys' memorandum dated December 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 12/17/94, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley 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" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3764

AN ORDINANCE to add new Section 10-3-266.1 (PERSONS UNDER AGE TWENTY-ONE DRIVING AFTER ILLEGALLY CONSUMING ALCOHOL; PENALTY), Section 10-3-267 (PRELIMINARY ANALYSIS OF BREATH TO DETERMINE ALCOHOLIC CONTENT OF BLOOD), Section 10-3-268.1 (CHEMICAL TESTING TO DETERMINE ALCOHOL OR DRUG CONTENT OF BLOOD; DEFINITIONS), Section 10-3-268.2 (IMPLIED CONSENT TO POST-ARREST CHEMICAL TEST TO DETERMINE DRUG OR ALCOHOL CONTENT OF BLOOD), Section 10-3-268.3 (REFUSAL OF TESTS; PROCEDURES), Section 10-3-268.4 (APPEAL AND TRIAL; SANCTIONS FOR REFUSAL), Section 10-3-271 (FORFEITURE OF DRIVER'S LICENSE FOR DRIVING WHILE INTOXICATED), and Section 10-3-301.1 (ADMINISTRATIVE IMPOUNDMENT OF MOTOR VEHICLE FOR CERTAIN DRIVING WHILE LICENSE SUSPENDED OR REVOKED OFFENSES; JUDICIAL IMPOUNDMENT UPON CONVICTION; PENALTY FOR PERMITTING VIOLATION WITH ONE'S VEHICLE), to Article B, (RECKLESS DRIVING, SPEEDING, ETC.), Chapter 3 (OPERATION OF VEHICLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-266.1 to read as follows:

Sec. 10-3-266.1 Persons under age twenty-one driving after illegally consuming alcohol; penalty.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-266.1 of the Virginia Code, as amended, which relates to persons under the age of twenty-one driving after illegally consuming alcohol, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

29


Section 2. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-267 to read as follows:

Sec. 10-3-267 Preliminary analysis of breath to determine alcoholic content of blood.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-267 of the Virginia Code, as amended, which relates to the ability of a person who is suspected of a violation of section 18.2-266 or section 18.2-266.1, to have his breath analyzed to determine the probable alcoholic content of his blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 3. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-268.1 to read as follows:

Sec. 10-3-268.1 Chemical testing to determine alcohol or drug content of blood; definitions.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.1 of the Virginia Code, as amended, which sets out the definitions to be used in conjunction with chemical testing of motor vehicle operators to determine the alcohol or drug content of their blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 4. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-268.2 to read as follows:

Sec. 10-3-268.2 Implied consent to post-arrest chemical test to determine drug or
alcohol content of blood.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.2 of the Virginia Code, as amended, which relates to the implied consent of motor vehicle operators to submit to post-arrest chemical testing to determine the drug or alcohol content of their blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 5. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Section 10-3-268.3 to read as follows:

Sec. 10-3-268.3 Refusal of tests; procedures.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.3 of the Virginia Code, as amended, which relates to the refusal of motor vehicle operators to submit to post-arrest chemical tests to determine the drug or alcohol content of their blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 6. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is amended by adding a new Section 10-3-268.4 to read as follows:

Sec. 10-3-268.4 Appeal and trial; sanctions for refusal.


30


Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.4 of the Virginia Code, as amended, which relates to the procedure for appeal and trial of the warrant or summons issued for a refusal to submit to post-arrest chemical tests and the sanctions for such refusal, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 7. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-271 to read as follows:

Sec. 10-3-271 Forfeiture of driver's license for driving while intoxicated.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-271 of the Virginia Code, as amended, which relates to the forfeiture of a driver's license for driving while intoxicated, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 8. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-301.1 to read as follows:

Sec. 10-3-301.1 Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-301.1 of the Virginia Code, as amended, which relates to the administrative and judicial impoundment of motor vehicles for certain offenses, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 9. That this ordinance shall become effective January 1, 1995.

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94







31


32. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend section 10-4-13 of the city code to clarify that the non-emergency repair or maintenance of motor vehicles parked on a public street or public parking lot or in a public park is prohibited. (#26 12/13/94) [ROLL-CALL VOTE]

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

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3765

AN ORDINANCE to amend and reordain Section 10-4-13 (STOPPING FOR PURPOSE OF SALE, REPAIRS, ETC.) of Chapter 4 (STOPPING, STANDING AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 10-4-13 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 10-4-13 Stopping for purpose of sale, repairs, etc.

(a) No person shall park a vehicle upon any street for the purpose of displaying the vehicle for sale. Any vehicle parked in violation of this subsection shall be illegally parked, and shall be subject to towing pursuant to section 5-8-22 of this code.

(b) Except as necessitated by an emergency, no person shall perform any repair or maintenance work, including the removal or addition of any fluids, upon a motor vehicle that is stopped or parked on any street, whether public or private, or within any public park, wildlife sanctuary or city-owned parking lot.

(c) A person violating any provision of this section shall be guilty of a traffic infraction and shall be punished by a fine of not more than $100.

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

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94






32


33. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to change name of Ft. Worth Avenue to Fort Worth Place. (#27 12/13/94) [ROLL-CALL VOTE]

(A copy of the joint City Attorneys' memorandum dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 12/17/94, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper 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:

Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich absent

The ordinance finally passed reads as follows:
ORDINANCE NO. 3766

AN ORDINANCE to amend Section 5-2-62 (CHANGES OF NAMES) of Article C (STREET NAMES), Chapter 2 (STREETS AND SIDEWALKS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-2-62 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new subsection (10) to read as follows:

Fort Worth Place Forth Worth Avenue Fort Worth Avenue and St. Stephens Road
(4100 block, east of
St. Stephens Road)

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

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94







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34. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Potomac West Small Area Plan Chapter of the Master Plan to change the land use designation of the property at 3110 Mt. Vernon Avenue from RH/Residential High to CRMU-M/Commercial Residential Mixed Use, Medium, and to change the land use designation of the portion of the properties at 3699 Russell Road and 3200 Mt. Vernon Avenue that are currently zoned POS/Parks and Open Space from that designation to RM/Residential Medium. (#29 12/13/94) [ROLL-CALL VOTE]

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried on a ROLL-CALL vote of 5-to-1, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Cleveland "aye" Donley "aye"
Euille "aye" Pepper "no"
Ticer "aye" Rich absent
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3767

AN ORDINANCE to amend and reordain the Potomac West Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by City Council to such small area plan chapter as Master Plan Amendments Nos. 94-009 and 94-010, to repeal all provisions of the said small area plan chapter as may be inconsistent with such amendments.

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

1. In Master Plan Amendment No. 94-009, an application has been made to amend the Potomac West Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property at 3110 Mount Vernon Avenue from RH/Residential High to Commercial Residential Mixed Use Medium.

2. In Master Plan Amendment No. 94-010, the planning commission on its own motion initiated an amendment of the Potomac West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of a portion of the properties at 3699 Russell Road and 3200 Mount Vernon Avenue, formerly used as railroad right-of-way, from P/Parks and Open Space to RM/Residential Medium.

3. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

4. 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 Land Use Plan Map of the Potomac West 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 3110 Mount Vernon Avenue, as shown on Exhibit A, attached hereto and incorporated herein fully by reference, from RH/Residential High to Commercial Residential Mixed Use Medium.


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Section 2. That the Land Use Plan Map of the Potomac West 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 3699 Russell Road and 3200 Mount Vernon Avenue, formerly used as railroad right-of-way, as shown on Exhibit B, attached hereto and incorporated herein fully by reference, from P/Parks and Open Space to RM/Residential Medium.

Section 3. That the director of planning and zoning be, and he hereby is, directed to record the said Master Plan map amendments as part of the Potomac West Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 4. That the Potomac West Small Area Plan Chapter of the 1992 Master Plan of The City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria.

Section 5. 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 said Clerk of the Circuit Court shall file same among the court records.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

Attachments: Master Plan Amendment Sketch Plans

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 11/21/94; 11/23/94; 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94







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36


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35. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone the property at 3110 Mt. Vernon Avenue from RC/Residential to CRMU-M/Commercial Residential Mixed Use, Medium, and to. rezone the portion of properties at 3699 Russell Road and 3200 Mt. Vernon Avenpe that are currently zoned POS/Public Open Space and Community Recreation from that zone to the RA/Multifamily Residential zone. (#30 12/13/94) [ROLL-CALL VOTE]

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

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a ROLL-CALL vote of 5-to-1, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "no"
ORDINANCE NO. 3768

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 rezoning the property at 3110 Mount Vernon Avenue from the RC/Residential High zone to the CRMU-M/Commercial Residential Mixed Use-Medium zone, with proffer (RZ No. 94-009), and by rezoning the properties at 3699 Russell Road and 3200 Mount Vernon Avenue from the POS/Public Open Space and Community Recreation zone to the RA/Multi-Family zone (RZ No. 94-011), in accordance with the said zoning map amendments heretofore approved by city council.

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

1. In Rezoning No. 94-009, an application has been made to rezone the Calvert Apartments at 3110 Mount Vernon Avenue (Zoning Map and Tax Map Parcel No. 15.04-07-08) from the RC/Residential High zone to the CRUM-M/Commercial Residential Mixed Use-Medium zone, with proffer.

2. In Rezoning No. 94-011, the planning commission on its own motion has initiated the rezoning of a portion of the properties at 3699 Russell Road and 3200 Mount Vernon Avenue, formerly used as railroad right-of-way, from the POS/Public Open Space and Community Recreation zone to the RA/Multi-Family zone in order to make a technical correction to the Zoning Map.

3. The said rezonings are consistent with the 1992 Master Plan for the City of Alexandria, Virginia, as amended.

4. 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. 15.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:


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Section 2. That Sheet No. 15.01 and Sheet No. 15.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by changing, in the manner set forth below, the zoning classification of the properties hereinafter described:

Section 3. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendments on the said maps.

Section 4. That Sheet No. 15.01 and Sheet No. 15.04 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.


Attachments: Rezoning Sketch Plans

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94




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40


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36. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone the properties at 5319, 5333 and 5350 Fillmore Avenue from R-20/Residential Single-Family to R-8 Residential Single-Family, to rezone the property at 2345 and 2347 Mill Road from UT/Utilities and Transportation to CDD/Coordinated Development District, and to rezone the railway track portion of the properties at 2365-2415 Mill Road and 108 Telegraph Road from OCM(100)/Office Commercial Medium and OCH/Office Commercial High to UT/Utilities and Transportation. (#31 12/13/94) [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading, as amended, as stated by the Assistant City Attorney. The voting was as follows:

The ordinance finally passed, as amended, reads as follows:







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ORDINANCE NO. 3769

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 rezoning the properties at 5350 Dawes Avenue, and 5319 and 5333 Fillmore Avenue from the R-20 Zone to the R-8 Zone with proffers (RZ No. 94-008), by rezoning the properties at 2345 and 2347 Mill Road from the UT/Utilities and Transportation Zone to the CDD/Coordinated Development District No. 1 (Duke Street) Zone (RZ No. 94-012), by rezoning the railway track portion of the properties at 2365-2415 Mill Road from the OCM (100)/Office Commercial Medium Zone to the UT/Utilities and Transportation Zone (RZ No. 94-012), and by rezoning the railway track portion of the property at 108 Telegraph Road from the OCH/Office Commercial High Zone to the UT/Utilities and Transportation Zone (RZ No. 94-012), all in accordance with the said Zoning Map amendments heretofore approved by City Council.

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

1. An application has been made to amend the zoning of the properties known as 5350 Dawes Avenue, and 5319 and 5333 Fillmore Avenue (Zoning map and Tax Map Parcel Nos. 10.00-01-13, 10.00-01-36 and 10.01-01-35) from the R-20 Zone to the R-8 Zone with proffers.

2. A technical correction to the Zoning Map is necessary changing the zone classification of the properties at 2345 and 2347 Mill Road (Zoning Map and Tax Map Nos. 72.00-02-16, -17 and -18) from the UT/Utilities and Transportation Zone to the CDD/Coordinated Development District No. I (Duke Street) Zone, at 2365-2415 Mill Road (railway track portion only) (Zoning Map and Tax Map Parcel Nos. 72.00-02-05, -06, -07, -08, -11, -13 and -15) from the OCM (100)/Office Commercial Medium Zone to the UT/Utilities and Transportation Zone, and at 108 Telegraph Road (railway track portion only) (Zoning Map and Tax Map Parcel No. 72.00-02-01) from the OCH/Office Commercial High Zone to the UT/Utilities and Transportation Zone, in order to conform with the King Street/Eisenhower Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, as amended.

3. 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. 10.00 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 hereafter described:






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Section 2. That Sheet No. 72.00 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:

Section 3. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendments on the said maps.







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Section 4. That Sheet No. 10.00 and Sheet No. 72.00 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.

Attachment: Rezoning Sketch Plans

Introduction: 12/13/94
First Reading: 12/13/94
Publication: 12/14/94; 12/15/94
Public Hearing: 12/17/94
Second Reading: 12/17/94
Final Passage: 12/17/94







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At This Point, City Council returned to Docket Item No. 21. Please see pages 19-20 of these proceedings for previous discussion of this item.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
21. CASE BAR-94-147 - Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic District, on September 21, 1994, denying a request for a Certificate of Appropriateness for approval of alterations to the house at 210 Thompson's Alley. Applicant: Eugene and June Trone. (#11 11/12/94)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously by all those present, City Council overturned the decision of the Board of Architectural Review and approved this request. The voting was as follows:

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (37 - 39)
38. SUP #94-0345 -- 605-607 KING STREET 39. SUP #94-0357 -- 1217 FIRST STREET





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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council noted the deferrals. The voting was as follows:

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously by all those present, at 1:55 p.m., the Public Hearing Meeting of Saturday, December 17, 1994, was adjourned. The voting was as follows:




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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