Meeting Minutes for Public Hearing Meeting (06/17/1995)

Public Hearing Meeting
Saturday, June 17, 1995 - - 9:30 am

* * * * *

Present: Mayor Patricia S. Ticer, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.

Absent: Vice Mayor Kerry J. Donley.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Police Chief Samarra; Deputy Police Chief Baker; Assistant Police Chiefs George and Cook; and Lieutenant Kaluta, Police Department.

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

City Council attended the opening ceremony of the African American Heritage Park at 8:30 a.m.

OPENING

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

2. Public Discussion Period.

(a) Laurie LaGoe, 5352 Conle Court, #140, spoke to the need for a new drug enforcement policy and in support of a Civilian Review Board.

(b) Mike Myers, 209 Madison Street, representing Old Town Athletic Club, spoke to the City's $25,000 contribution to the YMCA, which he states is unfair competition; a copy of Mr. Myers' statement is on file in the office of the City Clerk and Clerk of Council; marked Exhibit No. 1 of Item No. 2 (b); 6/17/95, and is incorporated herewith as part of this record by reference.)

Mayor Ticer stated that staff will respond at a future time.

(c) Jack Sullivan, 4300 Ivanhoe Place, representing No Gridlock!, spoke to the matter of rescinding the action of City Council of November/December 1992 in which Council waived 33 per cent increase in density to the RF&P for the Potomac Yards if they would drop the lawsuits that they had filed against the City. The lawsuits had been suspended for a period and have now been taken up again by the RF&P and it seems to him that it is a travesty that this City has been allowed to hang on that contingency for the last two and one-half years. He stated that he is here to open a dialogue with Council about the need to put a terminus date on the offer that the City made two and one-half years ago.

(d) Kirk Fedder, 113 West Maple Street, spoke to the Woodrow Wilson Bridge alternatives. He indicated that there are only four alternatives remaining and the one that impacts the City of Alexandria the very least is the southern alignment bridge. He indicated that alternative is in jeopardy of being eliminated or not seriously pursued because the staff recommendation to the coordinating committee is suggesting that it should attain a non-preferred status. He stated that the southern alignment bridge is the only alternative that he thinks would improve the quality of life in Alexandria and the only alternative that would relieve us of the tremendous burden that we have already endured for over thirty years. He urged City Council to insist that the coordination committee continue to pursue this southern alignment alternative as vigorously as all of the other proposals since it has the least impact on the City of Alexandria residents and businesses.

(e) John Chapman Gager spoke during this period.

WITHOUT OBJECTION, City Council considered Docket Item Nos. 36, 37 and 39 together and under one motion.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
36. SUP #95-0057 -- 815 NORTH ROYAL STREET; 800-824 NORTH FAIRFAX STREET; 301 MADISON STREET; 300-320 MONTGOMERY STREET --THE MONTGOMERY CENTER -- Public Hearing and Consideration of a request to amend the existing special use permit to allow a social service use, with a reduction in the required off-street parking, and a review of the existing special use permit for a range of special uses and reduction of the required off-street parking; zoned CRMU-X/Commercial Residential Mixed Use, Old Town North. Applicant: Montgomery Real Estate Corporation.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/17/95, and is incorporated herewith as part of this record by reference.)

37. SUP #95-0070 -- 809-811 NORTH ROYAL STREET -- THE MONTGOMERY CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a social service use; zoned CRMU-X/Commercial Residential Mixed Use, Old Town North. Applicant: Alexandria Community Services Board, by Jean Kelleher Niebauer.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/17/95, and is incorporated herewith as part of this record by reference.

Copies of communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item Nos. 36 and 37; 6/17/95, and is incorporated herewith as part of this record by reference.)

39. TEXT AMENDMENT #95-07 -- CONVENIENCE STORES AT NONCOMPLYING SERVICE STATIONS -- Public Hearing and Consideration of a text amendment to section 12-302(B) of the zoning ordinance (Noncomplying Uses; Continuation or Change in Use) to allow convenience stores at noncomplying automobile service stations with a special use permit. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Denial 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated June 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 39; 6/17/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council referred Docket Item Nos. 36, 37 and 39 back to the Planning Commission. The voting was as follows:

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

WITHOUT OBJECTION, City Council spoke to deferring Docket Item Nos. 27, 28, 29, 30, and 31 to the June 27, 1995 meeting so that the Applicant can meet with the citizens and neighborhood groups.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

27. MASTER PLAN AMENDMENT #95-0002 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for amendment to the Taylor Run/Duke Street Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the Office Of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/17/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

28. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Taylor Run/Duke Street Small Area Plan of the 1992 Master Plan of the City of Alexandria by changing the land use designation of the property at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 6/17/95, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

29. REZONING #95-0001 -- 18 AND 20 SOUTH ROTH STREET --ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for rezoning of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/17/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS (continued)

30. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to rezone the property located at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 6/17/95, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

31. SUP #95-0050 -- 2500-3200 BUSINESS CENTER DRIVE -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for a special use permit to remove a lot from the area covered by previously approved special use permits (SUP #2288-A and SUP #2289-C); zoned CG/Commercial General. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/17/95, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 31; 6/17/95, and is incorporated herewith as part of this record by reference.)

(Jonathan Rak, 510 King Street, Suite 200, attorney representing the applicant, requested that these items be deferred until the June 27 legislative meeting in order for him to meet with representatives of the concerned neighborhoods and civic associations to explain the proposals. He indicated that Councilman Euille had inquired from a zoning perspective whether the proposed use will require the industrial zoning. Mr. Rak stated that he would like to sit down and review it with the Planning Director to confirm that it does, in fact, require the industrial zoning.

Bruce E. McCarthy, 3912 Colonel Ellis Avenue, representing the Seminary Hill Association, agreed to this and invited those who have expressed an interest in this item to come to its meeting with Mr. Rak.)

WHEREUPON upon motion by Council Member Walker, seconded by Councilman Euille and carried unanimously by all those present, City Council deferred these items until the June 27, 1995 legislative meeting. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 33; 41)
Planning Commission
3. TA #95-08 -- RETAIL SPACE IN KING STREET HEIGHT DISTRICT -- Public Hearing and Consideration of a text amendment to section 6-405(B) of the zoning ordinance (Height Districts; Additional Regulations for the King Street Metro Station Height District) to add a definition of "retail", for the purpose of permitting additional height in the King Street Metro Station Height District. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/17/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

ACTION CONSENT CALENDAR (continued)

4. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend section 6-405(B) of the Zoning Ordinance to add a definition of "retail" for the purpose of permitting additional height in the King Street Metro Station height district.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 6/17/95, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
5. TA #95-09 -- HISTORIC DISTRICT YARD REQUIREMENTS AND FENCES -- Public Hearing and Consideration of text amendments to the zoning regulations within the historic districts: to section 3-706 (A) of the zoning ordinance (RB/Townhouse Zone) to reduce front and side yard requirements within the historic districts; to section 3 -1106 (A) (4) (RM/Townhouse Zone) to provide regulations for yards on corner lots; and to section 7-202 (Permitted Obstructions in Required Yards) to allow the boards of architectural review to waive the height limitations on fences in front yards in the historic districts. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk Of council, marked Exhibit No. 1 of Item No. 5; 6/17/95, and is incorporated herewith as part of this record by reference.)

6. SUP #95-0036 -- 4539 SEMINARY ROAD -- THIS WAY HOUSE -- Public Hearing and Consideration of a request for a special use permit for expansion of a children's home; zoned R-8/Residential. Applicant: The Campagna Center, Inc., by Katherine L. Morrison.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/17/95, and is incorporated herewith as part of this record by reference.)

7. SUP #95-0038 -- 701 NORTH HENRY STREET -- ALEXANDRIA LIGHTING & SUPPLY -- Public Hearing and Consideration of a request for a special use permit for two storage trailers; zoned CSL/Commercial Service Low. Applicant: Alexandria Lighting and Supply, by Ellen Rydell.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/17/95, and is incorporated herewith as part of this record by reference.)

8. SUP #95-0047 -- 621 SOUTH FAYETTE STREET -- Public Hearing and Consideration of a review of a special use permit for a child care home; zoned RB/Residential. Applicant: Isabella Tate.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/17/95, and is incorporated herewith as part of this record by reference.)

9. SUP #95-0053 -- 4345 DUKE STREET -- DUKE STREET SQUARE -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a residential townhouse development; zoned RA/Residential. Applicant: Potomac-Duke Limited Partnership, by William C. Thomas, Jr., attorney (R.C. Fields, Jr., Associates, engineers).

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/17/95, and is incorporated herewith as part of this record by reference.)

10. SUP #95-0055 -- 451 CALVERT AVENUE -- OAKVILLE INDUSTRIAL PARK -- Public Hearing and Consideration of a request for a special use permit to expand the existing automobile repair garage; zoned I/Industrial. Applicant: CATL, Inc., d/b/a Dr. Motorworx, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk Of Council, marked Exhibit No. 1 of Item No. 10; 6/17/95, and is incorporated herewith as part of this record by reference.)

11. SUP #95-0056 -- 3105 DUKE STREET -- HECHINGER COMMONS SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service; zoned CG/Commercial General. Applicant: Hanbur Enterprises, Inc., t/a Bagel Place, by Neil Burka.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/17/95, and is incorporated herewith as part of this record by reference.)

13. SUP #95-0059 -- 1225 POWHATAN STREET -- DIXIE PIG RESTAURANT --Public Hearing and Consideration of a review of a special use permit for the existing restaurant; zoned RB/Residential. Applicant: Eduardo and Aurora Archilla.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/17/95, and is incorporated herewith as part of this record by reference.)

14. SUP #95-0061 -- 1310 BRADDOCK PLACE -- LE BON CAFE -- Public Hearing and Consideration of a review of a special use permit for the existing restaurant; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Le Bon Cafe, Inc. of Virginia.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/17/95, and is incorporated herewith as part of this record by reference.)

15. SUP #95-0065 -- 1320 DUKE STREET -- STAR MOTORS -- Public Hearing and Consideration of a review of a special use permit for the existing automobile sales business; zoned OC/Office Commercial. Applicant: Star Motors, Inc.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/17/95, and is incorporated herewith as part of this record by reference.)

16. SUP #95-0066 -- 4600 WEST BRADDOCK ROAD -- STONEGATE -- Public Hearing and Consideration of a request for a special use permit to construct decks for the townhouse units; zoned CDD-5/Coordinated Development District, Stone Tract. Applicant: Stonegate Associates Limited Partnership; Eakin/Youngentob Associates, by Frank W. Connoley.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/17/95, and is incorporated herewith as part of this record by reference.)

17. SUP #95-0067 -- 711-713 NORTH FAYETTE STREET -- Public Hearing and Consideration of a request for a special use permit to continue the use of mobile satellite communications equipment for the existing office use; zoned CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: Allied Signal Technical Service Corporation, by Robert A. Hayman.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/17/95, and is incorporated herewith as part of this record by reference.)

18. SUP #95-0068 -- 700 KING STREET -- CALIFORNIA PIZZA KITCHEN -- Public Hearing and Consideration of a request for a special use permit to extend the hours of operation of the existing restaurant; zoned CD/Commercial Downtown. Applicant: California Pizza Kitchen Restaurant, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/17/95, and is incorporated herewith as part of this record by reference.)

19. SUP #95-0071 -- 310 NORTH FAIRFAX STREET -- CHINA GATE RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to expand part of the existing restaurant into new floor space; zoned CD/Commercial Downtown. Applicant: S.T. Chang.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/17/95, and is incorporated herewith as part of this record by reference.)

20. SUP #95-0074 -- 1775 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school, with associated parking reduction, for George Washington University; zoned OCH/Office Commercial High. Applicant: King Street IV Associates Limited Partnership, by Robert H. Shorb, Jr.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/17/95, and is incorporated herewith as part of this record by reference.)

21. SUP #95-0079 -- 5800-A EDSALL ROAD -- NTW -- Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage; zoned CG/Commercial General. Applicant: NTW, Inc., by Nan E. Terpak, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/17/95, and is incorporated herewith as part of this record by reference.)

22. SUP #95-0082 -- 2762 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school and to allow a reduction in required off-street parking; zoned CG/Commercial General. Applicant: Center for Employment Training, by Joe Stevens.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated June 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 6/17/95, and is incorporated herewith as part of this record by reference.)

23. ENCROACHMENT #95-0003 -- 609 KING STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an awning; zoned CD/Commercial Downtown. Applicant: B.&L. Partnership; N.K. Bradford, Inc., by Norman K. Bradford.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/17/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS (continued)

24. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public right-of-way for an awning at 609 King Street.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 6/17/95, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
25. ENCROACHMENT #95-0004 -- 735 SOUTH FAIRFAX STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way to construct a brick planter; zoned RM/Residential. Applicant: Kenneth L. Wainstein.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/17/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS (continued)
ACTION CONSENT CALENDAR (continued)
26. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public right-of-way at 735 South Fairfax Street for a brick planter.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 6/17/95, and is incorporated herewith as part of this record by reference.)

33. SUP #95-0054 -- 500 SOUTH WASHINGTON STREET -- CHEVY CHASE BANK -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a banking facility, with drive-through teller service; zoned CD/Commercial Downtown. Applicant: Chevy Chase Bank, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/17/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS (continued)
CONSENT CALENDAR (continued) (41)
41. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize the sale of the City's interest in the real property, known as the District Nursing Home, located in Warrenton, Virginia.

(A copy of the City Manager's memorandum dated June 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 41; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 41; 6/17/95, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDARS

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Consent Calendar with the exception of Docket Item Nos. 12 and 32 which were considered under separate motions. The Planning Commission recommendations are as follows:

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

4. City Council Introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 27, 1995.

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

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 and to amend Condition #4.

9. (General Discussion. Councilwoman Pepper and City Manager Lawson made comments regarding the West End Children's Center.)

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

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

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

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.

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.

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

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

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

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

21. 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 to add Condition #15.

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

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 introduced the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 27, 1995.

25. 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. City Council introduced the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 27, 1995.

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

41. City Council introduced the ordinance upon its First Reading; and set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 27, 1995.

END OF CONSENT CALENDARS

The voting was as follows:

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

12. SUP #95-0058 -- 110 SOUTH PITT STREET -- SANTA FE EAST RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for the existing restaurant; zoned CD/Commercial Downtown. Applicant: Farthings Limited, Inc.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated June 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 6/17/95, and is incorporated herewith as part of this record by reference.)

(The following person spoke during the public hearing on this item:

Duncan W. Blair, P.O. Box 820, Alexandria, attorney representing the applicant, requested that Condition #11 be changed to read: "Live music shall be limited to performances by solo musicians providing background music for diners."; and requested that Condition #17 be deleted.)

WHEREUPON, upon motion by Councilman Euille, seconded simultaneously by Councilwoman Pepper and Council Member Walker and carried unanimously by all those present, 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, amended Condition #11 to read as follows: "11. "Live music shall be limited to performances by solo musicians providing background music for diners."; and deleted Condition #17. The voting was as follows:

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

32. STREET NAME #95-01 -- Public Hearing and Consideration of a change of the street name of the segment of North Pickett Street immediately south of Braddock Road to "Ivor Lane."

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/17/95, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 32; 6/17/95, and is incorporated herewith as part of this record by reference.)

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

Neil Greenberg, 4647 Seminary Road, representing the owner of Seminary Forest Apartments, spoke in opposition to the change within the Seminary Forest complex.

General Discussion. Council Member Walker explained this item. Councilwoman Pepper and Planning and Zoning Director Lynn participated in the discussion of this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the name change for the area just off of Braddock Road, currently 2205 and 2207 North Pickett Street, to indicate it would not be North Pickett Street but it would be Ivor Lane. Those people who have the North Pickett Street address within Seminary Forest will remain as North Pickett Street. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item No. 42 at this time.

ORDINANCES AND RESOLUTIONS (continued)

42. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to establish a regulatory system for the licensing and keeping of cats in the city, including a limitation on the number of cats that may be maintained in any one household. (#30 6/13/95) [ROLL-CALL VOTE]

(Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 42; 6/17/95, and is incorporated herewith as part of this record by reference.)

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

Judge Michael T. Paul, 1111 Prince Street, spoke in support;

Owen Wormser, 406 North Pitt Street, spoke in support;

Elizabeth Poel, 809 Devon Place, read a letter in support from Dr. Glen Cockerham of 811 Devon Place, and she, herself, spoke in support;

Frank Branchini, 9 West Mount Ida Avenue, Executive Director, SPCA, spoke in support;

Ann Plamondon, 5332 Taney Avenue, spoke in support;
Mary Zoeter, 523 North Paxton Street, spoke in support;
Ruth Bauer, 13573 Princedale Drive, Dale City, VA, representing the Animal Welfare League of Alexandria, spoke in support;

Bonnie Manfredi, 728 South Lee Street, representing The Albert Foundation, spoke in support of the ordinance; however, expressed it is not a cure all, but a positive step in the right direction; and

Kate Pullen, 16A Auburn Court, representing the Animal Welfare League of Alexandria, spoke in support and answered questions asked by the Members of City Council.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker 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 absent
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"

The ordinance reads as follows:

ORDINANCE NO. 3803

AN ORDINANCE to amend and reordain Sections 5-7-31 (DEFINITIONS), 5-7-46 (PENALTIES), 5-7-47 (LICENSE--REQUIRED; DISPOSITION OF REVENUE), 5-7-48 (SAME--TAX IMPOSED; TAX RATES; WHEN TAX PAYABLE), 5-7-49 (SAME--APPLICATION; ISSUANCE; RECORDS TO BE KEPT), 5-7-50 (SAME--COMPONENTS; INFORMATION TO BE ON TAGS), 5-7-51 (SAME--PRESERVING AND DISPLAYING RECEIPTS; DOGS TO WEAR TAGS), 5-7-52 (SAME--DUPLICATE TAGS), 5-7-53 (SAME--EFFECT OF DOG NOT WEARING COLLAR BEARING A TAG), 5-7-54 (SAME--ACCOUNTING OF RECORDS BY DIRECTOR FINANCE), 5-7-55 (SAME--CITY MANAGER MAY APPOINT OTHER PERSONS TO ISSUE) , 5-7-56 (PENALTY FOR MAKING FALSE STATEMENT TO SECURE LICENSE), and subsection (5) of Section 5-7-42 (FEMALE DOGS IN SEASON; ALLOWING DOG TO URINATE, ETC.; NOISY DOGS; OFFENSIVE ODORS FROM DOGS; DOGS PROHIBITED ON POSTED PLAYGROUND AREAS AND ON SCHOOLGROUNDS), and to add a new Section 5-7-57 (LIMITATION ON NUMBER OF DOGS AND CATS KEPT PER DWELLING UNIT), all of Article C (DOGS AND OTHER ANIMALS), Chapter 7 (ANIMALS AND FOWL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES), of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the Code of Virginia and the city charter authorize the City of Alexandria to provide for the licensing of cats and to limit the number of cats that may be kept in any residence; and

WHEREAS, numerous Virginia jurisdictions, including the cities of Roanoke, Norfolk and Virginia Beach, have enacted ordinances providing for the licensing of cats and for limiting the number of cats per residence; and

WHEREAS, the City of Alexandria is the most densely populated jurisdiction in the Commonwealth of Virginia and one of the most densely populated jurisdictions in the United States; and

WHEREAS, the occurrence of citizens living in close proximity to one another while keeping multiple cats has raised public health and safety concerns, and has interfered with the ability of city residents to enjoy their property; and

WHEREAS, there is a high incidence of feral cat colonies within the city which poses serious risks to the health and safety of the public; and

WHEREAS, some individuals, in an effort to aid feral cats, unwittingly provide support to burgeoning feral cat colonies which, in turn, adversely affects the health and safety of the public; and

WHEREAS, feral cat colonies are generally populated by small and undernourished cats that rapidly reproduce and suffer from disease and pestilence; and

WHEREAS, the Alexandria Animal Shelter reports that the number of cats entering the shelter outnumbers dogs by almost two-to-one, and that, because cats are not identifiable by license (since the city currently imposes no license requirement on cats), only four percent of cats are returned to their owners, as compared to 74 percent of dogs; and

WHEREAS, the Zoning Ordinance of the City of Alexandria already limits to three the number of dogs that may be kept in any one dwelling unit; and

WHEREAS, the persons now keeping more than four cats in their residences will be able, under this ordinance, to continue to keep those cats, so long as such cats are properly licensed and inoculated; and

WHEREAS, animal control experts report that cat licensing and limitations on numbers of cats that may be maintained in any dwelling unit help to encourage cat spaying and neutering, promote responsible cat ownership, and help to ensure that cats have proper inoculations, notably the rabies vaccine; and

WHEREAS, the city council is of the opinion that this ordinance will aid in the identification and management of stray and feral cats, and will work to ameliorate many of the nuisance conditions that are the result of the keeping of multiple cats in single residences; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-7-31 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. 5-7-31 Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purposes of this article, have the following meanings:

(a) Animal shelter. The facility designated by the city manager for the detention of animals.

(b) Dangerous dog. Any dog which is capable of inflicting death or serious injury on a person or another animal and which:

(1) has, without provocation, attacked or bitten a person engaged in a lawful activity;

(2) has, while off the property of its owner and without provocation, killed or seriously injured another animal;

(3) has, without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack;

(4) has exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of persons or other animals without provocation; or

(5) has acted in a manner that causes or should cause its owner to know that it is potentially vicious.

(c) Dog. The word "dog" shall include both the male and female sex of the species.

(d) Dog warden or deputy dog warden. Any person appointed, as provided in section 5-7-44 of this code.

(e) Dwelling unit. A group of one or more rooms designed or intended for use as a residence, including a single-family home, a townhouse, a duplex, a condominium and an apartment.

(f) Hearing dog. Any dog specially trained to alert its owner by touch to sounds of danger or other sounds to which the owner should respond.

(g) Owner. A person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has it in his care or control, or who acts as its custodian, and any person who permits a dog or cat to remain on or about any premises occupied by him.

(h) Run or running at large. Roaming or running off the property of its owner and not under its owner's immediate control.

(i) Seeing-eye dog. Any dog that is specially trained to serve as a guide for a blind person.

(j) Service dog. Any dog that is specially trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or performing other activities of service or support.

(k) Vicious dog. Any dog which:

(1) has caused death or serious injury to a person engaged in a lawful activity;

(2) has, on two or more occasions within a twelve-month period, attacked or bitten without provocation a person engaged in a lawful activity;

(3) has, on two or more occasions within a twelve-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; or

(4) has been trained for dog fighting or is owned or kept for the purpose of dog fighting.

Section 2. That subsection (5) of Section 5-7-42 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:

(5) Permit his dog, except a seeing-eye, service or hearing dog, to go upon any public property posted by the city manager as a playground area, or upon the grounds of any public school.

Section 3. That Section 5-7-46 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. 5-7-46 Penalties.

(a) A person shall be assessed a civil penalty of $50 for violating any provision of this article, except that, for each subsequent violation of any provision of this article occurring within twelve months of an earlier violation, the person shall be assessed a civil penalty of $100.

(b) If a dog warden, deputy dog warden or police officer appointed pursuant to title 4 of this code determines that a violation of this article has occurred, he shall issue and serve, or cause to be served, a notice of violation on any and all persons committing the violation. The notice shall provide that the person served may elect to make an appearance, either in person or in writing by mail, before the treasurer of the city, and admit liability for or plead no contest to the violation and pay the civil penalty established for the violation, all within the time period set forth in the notice. If a person so notified does not elect to admit liability or to plead no contest, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or motion for judgment, with the same right of appeal as provided in civil actions at law. A finding or admission of liability or a plea of no contest shall not be deemed a criminal conviction for any purpose.

Section 4. That Section 5-7-47 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. 5-7-47 License--required; disposition of revenue.

(a) It shall be unlawful for any person to be the owner of a dog or cat four months old or older within the city unless such dog or cat is licensed, as required by the provisions of this article.

(b) All dog and cat license taxes collected pursuant to this article shall be paid into the general fund from which sufficient funds for the operation and maintenance of the animal shelter may be provided, as authorized by council.

Section 5. That Section 5-7-48 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. 5-7-48 Same--tax imposed; tax rates; when tax payable.

There is hereby imposed an annual license tax on dogs and cats, except seeing-eye, service and hearing dogs that are trained and serve as a guide or hearing dog for the persons and in the manner described in section 3.1-796.87 of the Virginia Code, for each calendar year at the following rates, and due and payable as follows:

(1) For any male or female dog or cat which shall be four months old or older on or before January 31 of the year, the license tax for that year shall be $10 and shall be paid by the owner on or before January 31 of said year;

(2) If any male or female dog or cat shall become four months of age, or if a dog or cat of that age or older shall come into the possession of an owner, between January 31 and November 1 of any year, the license tax for that year shall be $10 and shall be paid by the owner within 10 days of the dog or cat attaining the age of four months or coming into the possession of the owner;

(3) If any male or female dog or cat shall become four months of age, or if a dog or cat of that age or older shall come into the possession of an owner, after October 31 of any year, the license tax of $10 for the succeeding calendar year shall be paid by the owner within 10 days of the dog or cat attaining the age of four months or coming into the possession of the owner;

(4) For any spayed or neutered dog or cat, the provisions of this section shall apply but the annual license tax shall be $2; and

(5) If any dog or cat coming into the possession of an owner on or before October 31 of any year has a current license in another jurisdiction, a full credit shall be allowed on the cost of obtaining the first city license.

Section 6. That Section 5-7-49 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. 5-7-49 Same--application; issuance; records to be kept.

Any owner may obtain a dog or cat license by making a signed written application to the city manager or her designee. The application shall contain the name, sex, age, breed and description of the dog or cat and the name and address of the owner, and shall be accompanied by the amount of the license tax and a certificate of vaccination from a licensed veterinarian showing that the dog or cat is inoculated against rabies, or a certification from the owner containing the vaccination number showing that the dog or cat is inoculated against rabies. Upon receipt of a proper application, accompanied by the amount of the license tax and a proper certificate of vaccination, or a proper certification from the owner, the city manager or her designee shall issue a license receipt and an appropriate tag to the owner, and shall record upon the receipt and upon records maintained by the city the name and address of the owner, the date of issuance, the year for which issued, the serial number of the license and the sex, age, breed and description of the dog or cat.

Section 7. That Section 5-7-50 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. 5-7-50 Same--components; information to be on tags.

A dog or cat license shall consist of the receipt referenced in section 5-7-49 and a tag of a style adopted by the city. A tag shall be stamped or otherwise permanently marked to show the sex of the dog or cat, the serial number, the calendar year for which issued and the name of the city.

Section 8. That Section 5-7-51 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. 5-7-51 Same--preserving and displaying receipts; dogs to wear tags.

Dog and cat licenses shall be carefully preserved and exhibited promptly upon request of any police officer of the city, and authorized agent of the director of public health, the dog warden or any deputy dog warden. Dog license tags shall be securely fastened by the owner to a substantial collar which shall be worn by such dog.

Section 9. That Section 5-7-52 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. 5-7-52 Same--duplicate tags.

If a dog or cat license tag is lost, destroyed or stolen, the owner shall at once apply to the city manager or her designee for a duplicate license tag, presenting the original license receipt, if available. Upon affidavit of the owner that the original license tag has been lost, destroyed or stolen, the city manager or her designee shall issue a duplicate license tag which the owner shall immediately affix to the collar of the dog. The city manager or her designee shall endorse the number of the duplicate and the date issued on records of her office and on the face of the original license receipt, if available. The fee for a duplicate tag shall be $1.

Section 10. That Section 5-7-53 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-53 Same--effect of dog or cat not wearing collar bearing a tag.

Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall be presumed to be unlicensed, and in any proceedings under this article the owner of such dog or cat shall have the burden of proving that the dog or cat is in fact licensed.

Section 11. That Section 5-7-54 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. 5-7-54 Same--maintenance of records.

The city manager or her designee shall keep orderly lists and accounts with respect to receipts, disbursements, licenses issued, and how unsold tags are disposed of, and annually shall provide an accounting of her activities with respect to dogs and cats and dog and cat licenses for use by the director of finance.

Section 12. That Section 5-7-55 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. 5-7-55 Same--transmittal of funds to director of finance.

All persons responsible for the issuance of dog and cat licenses and the collection of license taxes shall keep accurate records and shall transmit all funds collected to the director of finance at least every 30 days.

Section 13. That Section 5-7-56 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. 5-7-56 Making false statement to secure license.

It shall be unlawful for any person to make a false statement in order to secure a dog or cat license.

Section 14. That Article C of Chapter 7 of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to add thereto a new section 5-7-57, to read as follows:

Sec. 5-7-57 Limitation on number of dogs and cats kept per dwelling unit.

(a) It shall be unlawful for any person to keep more than three dogs over four months of age or four cats over four months of age in any dwelling unit in the city.

(b) Any person who, on October 1, 1995, is lawfully keeping more than the number of dogs and cats permitted by this section shall be entitled to continue to keep all such dogs and cats, so long as they are duly licensed and inoculated in accordance with this article. However, it shall be unlawful for any such person to keep any dog or cat acquired after October 1, 1995, unless the total number of dogs and cats kept by the person does not exceed the number of dogs and cats permitted by subsection (a) of this section.

(c) This section shall not apply to any person authorized to operate a "kennel," as that term is defined in the City of Alexandria Zoning Ordinance.

Section 15. That this ordinance shall become effective October 1, 1995.

PATRICIA S. TICER
Mayor

Introduction: 6/13/95
First Reading: 6/13/95
Publication: 6/14/95; 6/15/95
Public Hearing: 6/17/95
Second Reading: 6/17/95
Final Passage: 6/17/95

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

34. Public Hearing on the Establishment of a Permanent Public Safety Review Commission. (Councilman Euille)

(A copy of Mr. Euille's draft proposal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/17/95, 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. 34; 6/17/95, and is incorporated herewith as part of this record by reference.)

(Councilman Euille spoke to his proposal. He stated that the timing is right and it is healthy for our community to spend some time to, at least, air opinions with regard to the concept of a Citizen Public Safety Review Commission. At this point, he personally wants to hear all of the pros and cons. He stated that he has no hidden agenda with regard to this particular matter. He indicated that what he would like to evolve from this discussion and input today is perhaps an opportunity to massage a lot of the comments and conclude with some type of alternative to some of the processes that the City already has in place, i.e., the Human Rights Office. He indicated that it has some responsibility presently where the Police Department reports to them on an annual basis for the reviewing of complaints and other matters. He stated that perhaps by having its powers broadened or expanded by the Council, it may very well be the body that should ultimately play a major and active role in reviewing some of the complaints against our public safety officials, if warranted.

Councilman Euille suggested that we create an effective Civilian Complaint Review Board which is independent and worthy of public trust with authority to review complaints and make recommendations for appropriate discipline to the City Manager while maintaining procedural safeguards to protect the rights of civilians and safety officials. He stated that the creation of this Commission, as he envisions it, would handle only those severest complaints which will only be handled by this proposed Commission after the recommendation of the City Manager and/or City Council.

Councilman Euille concluded by saying that he does not know what is going to happen with this idea, but the purpose and intent for this hearing is to hear from our citizens and our police officers, pro or con, relative to this concept and at this point, it is only a concept. His paper at this point is just a draft. He indicated that he has talked with many of his colleagues and the City Manager. There are differences of opinion and he stated that he is too astute to know if there is not support for an issue, he is not going to bring this item before Council and have it defeated. He indicated that what we would like to see happen is some input so that the powers and duties and responsibilities of the Police Chief and others in authority can be broadened so that our citizens will feel comfortable that we have a process that works. Whatever the issues or complaints are, they will be investigated to their fullest extent, and they will be done in public and above board. He stated that he will not support a Review Commission where there is any intent other than to try to rationalize and ensure the entire community that decisions that have been made with regard to disciplinary actions involving our police and other public safety officials are proper. He indicated that he is not suggesting that we create a commission or panel of people that is going to have any inkling of a vigilante against our Police Department. Councilman Euille stated that our Police Department is the best, he

he has always supported it, and will continue to support the Police Department in many endeavors.

Mayor Ticer indicated that she has been willing to discuss this issue because she thinks everything is better through discussion. She stated that she does not expect any action on this issue today no matter what the tenor of the testimony is. The tenor of the discussion at this table will be considered and studied further. If there were any discussions about an additional Review Panel, you would certainly have to have a lot more detail than what you have now. Mayor Ticer stated that she believes that we have a very good investigative process right now. She pointed out that if there were a case that anyone in the community felt had not been exhaustively investigated and appropriately investigated that there is always the avenue of an appeal to the City Council which would virtually be an appeal to the City Manager. She expressed her support for the Police.)

It was noted that Mayor Ticer left the meeting at 11:30 a.m.

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

Emmitt Carlton, P. O. Pox 1694, president, Alexandria Branch of the NAACP, spoke in support;

Jean Caldwell, 1117 Powhatan Street, vice president, Northeast Citizens Association, spoke against;

Gregory Kelley, 3424 Buckman Road, spoke in support;

Cameron Barron, 219 Burgess Avenue, representing People Against Police Brutality, spoke in support;

Jesse Jennings, 1019 Oronoco Street, spoke against;

George Lambert, 908 King Street, representing the Northern Virginia Urban League and himself, spoke in support;

Israel Zuniga, 1701 North Quaker Lane, president, Bienvenidos, Inc., spoke against;

Kevin Davis, 2003 Mill Road, representing the Alexandria Police Association, spoke against;

Richard Bowen, 10405 Buena Vista Avenue, Lanham, MD, representing People Against Police Brutality, spoke in support;

Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke against;

Tracy Davis, 25 Century Place, #2108, spoke against;

Lillie Finklea, 1210 Franklin Street, president, Southwest Quadrant Citizens Association, spoke in support;

Dick Kite, 41 South French Street, representing Alexandria Support Your Local Police Committee, spoke against;

Tim Dickinson, 2003 Mill Road, representing Alexandria Police Association, spoke against;

Edgar Rivera, 813 West Glebe Road, #302, representing Tenants and Workers Support Committee, spoke in support;

Duane Shields, 324 East Clifford Street, president, Mount Jefferson Civic Association, spoke against;

Joseph Seskey, 5405 Duke Street, representing the Police Department, spoke against;

Jon Liss, 3805 Mount Vernon Avenue, #5, Director, Tenants and Workers Committee, spoke in support;

Virginia Obranovich, 7573 Cloud Court, Springfield, VA, spoke against;

Kenneth Howard, 2003 Mill Road, spoke against;

Catherine I. Eaton, 139 Wesmond Drive, spoke against;

Thomas P. Harrison, 1007 Saint Stephen's Road, vice president, Seminary Ridge Civic Association, spoke against;

Blaine Corle, 2003 Mill Road, vice president, Alexandria Police Commanders' Association, spoke against;

Jerry Murray, 1125 Queen Street, his statement in opposition was read by Guy Bishop;

Linda Kendrix, 918 Second Street, representing residents of Second Street, spoke in support;

Rich Estes, 2003 Mill Road, president, Alexandria Police Union, spoke against; a copy of Mr. Estes' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Guy Bishop, 2003 Mill Road, representing Alexandria Police Association, spoke against;

Shirley Harris, 111 North Payne Street, spoke in support;

Elliott Branch, 3830 Brighton Court, spoke against;

Anthony D. DeJerolme, 3810 Russell Road, C-11, representing Alexandria Police Department, spoke against;

Otis H. Carter, Sr., 4271 Duke Street, C-5, representing People Against Police Brutality, spoke in support;

Dan Stull, 2003 Mill Road, Alexandria Police Department, spoke against;

Jonas Neihardt, 725 South Pitt Street, representing the Old Town Civic Association, spoke against;

Carolyn Hairston, 2137 South Nelson Street, Arlington, VA, representing People Against Police Brutality;

Earl Walts, 2003 Mill Road, treasurer, Alexandria Police Association, spoke against;

Judy Bliss, 725 Four Mile Road, representing the Arlandria Civic Association, spoke against;

Earl Cook, 2003 Mill Road, representing Alexandria Police Department, spoke against;

Elsie Taylor Jordan, 3513 Wilson Avenue, spoke against;

Cleveland L. Spruill, 2003 Mill Road, spoke against;

Judy Birney, 2003 Mill Road, representing Alexandria Police Department, spoke against;

Scott Ogden, 2003 Mill Road, representing Alexandria Police Department, spoke against;

Jack Stevens, 3834 Charles Avenue, representing Lenox Place at Sunnyside and himself, spoke against;

Bill Lyle, 2003 Mill Road, representing Alexandria Police Department, spoke against;

Donald Hayes, 5317 Taney Avenue, spoke against, and submitted a letter in opposition from Lee Ann Elliott; a copy of Ms. Elliott's letter dated June 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item; and

John Chapman Gager, spoke.

At this point, Police Chief Samarra addressed the Council; a copy of Chief Samarrals report on citizen review of police conduct, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item.

Councilman Euille thanked all the citizens, the Police Department and others for coming out for this long public hearing. He stated what will result from this is a process or method to improve communications. He indicated that the Police Chief has offered himself and his Department to be available to any organization and citizen group at any time to talk about issues of concern. He stated that he also feels that there are some areas that we need to improve. He indicated that we will take another look at our present system. To conclude the closing of this since this issue was his, Councilman Euille stated that after hearing the testimony today, and this is not against any group or any individuals, he feels that he has heard enough, his mind is clear and he needs to let the public know where he stands on this issue so that we can move forward. He would like to conclude by saying that at this point he would not be making a motion to Council for the creation of a Citizens Review Commission; however, he will work with the City Manager, the Police Chief and others to help do the things that need to be done to make sure that we have better and improved communication with our citizens.

Councilman Cleveland, Council Member Rich and Councilwoman Pepper made comments.)

The public hearing was concluded on this item.

Whereupon, at 2:15 p.m., the City Council recessed for lunch and a Work Session with the Park and Recreation Commission to discuss the Alexandria Park Master Plan.

The Work Session was held in the Council Workroom. The City Manager made introductions. Anne Haynes and Mark Eaton participated in the Work Session with Members of the City Council, Director of Parks, Recreation and Cultural Activities Kauffman, and City Manager Lawson.

The Work Session concluded at approximately 3:05 p.m.

(A copy of the agenda for the Work Session is on file in the office of the City Clerk and Clerk of Council, and is incorporated as part of the record by reference.)

Whereupon, at 3:10 p.m., the meeting was reconvened and the following transpired:

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

35. Public Hearing and Consideration of the 1994 Parks and Recreation Master Plan. (This was heard after the work session which was held during the lunch break.)

(A copy of the City Manager's memorandum dated June 13, 1995, together with the 1994 Parks and Recreation Master Plan, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 35; 6/17/95, and is incorporated herewith as part of this record by reference.)

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

Anne Haynes, 310 North Royal Street, chair, Alexandria Park and Recreation Commission, spoke to the plan;

Katy Cannady, 1103 Dartmouth Road, spoke on behalf of the League of Women Voters and herself, endorsed the adoption of the plan;

Marlin G. Lord, 2724 Hickory Street, former chair, Alexandria Park and Recreation Commission, urged adoption of the plan and moving on to the next cycle of planning; and

Julie Crenshaw, 816 Queen Street, representing Mt. Vernon Group of Sierra Club, spoke to certain portions of the plan.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously by all those present, City Council (1) received the 1994 Parks and Recreation Master Plan; (2) expressed its gratitude to members of the Park and Recreation Commission for its diligence and hard work; and (3) referred the Plan back to the Park and Recreation Commission and staff, seek further comment from the development community and the civic associations in the City, and that staff report back to City Council in the fall with any modifications or additions to the Plan that arise from this input. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review, Old and Historic Alexandria District

38. CASE BAR-95-51 -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on May 4, 1995, denying a permit to demolish a portion of the rear of the front gable roof to the house at 426 South Fairfax Street, zoned, RM Residential. Applicant: Marlin Lord, AIA Architect.

COMMISSION ACTION: Denied demolition of roof, 3-2

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/17/95, and is incorporated herewith as part of this record by reference.

A copy of an appeal dated May 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 38; 6/17/95, and is incorporated herewith as part of this record by reference.)

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

Marlin G. Lord, 2218 Mount Vernon Avenue, architect, representing the applicant, spoke in support of the appeal; and

Edward Luckett, 420 North Alfred Street, representing the Board of Architectural Review -- Old and Historic District, spoke against the appeal.

Mr. Smith, Board of Architectural Review staff person, answered questions.)

WHEREUPON, upon motion by Councilman Cleveland, seconded simultaneously by Councilman Euille and Council Member Walker and carried unanimously by all those present, City Council approved the appeal and reversed the decision of the Board of Architectural Review. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

40. SUP #95-0060 -- 3606 MOUNT VERNON AVENUE -- OMEGA GRILL -- Public Hearing and Consideration of a review of a special use permit for the existing restaurant; zoned CG/Commercial General. Applicant: Omega Grill Restaurant.

COMMISSION ACTION: Recommend Revocation 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/17/95, and is incorporated herewith as part of this record by reference.)

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

It was noted that Council Member Rich left the meeting at 3:45 p.m.

Rebecca S. Jefferson, 3606 Mount Vernon Avenue, applicant, spoke and answered questions.

Members of City Council, Deputy Director of Planning and Zoning Ross, Sergeant Harman and City Manager Lawson participated in the discussion.)

WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried unanimously by all those present, City Council closed the public hearing on this item and deferred consideration until Tuesday, June 27, 1995. The voting was as follows:

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

43. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to increase the tax levied on cigarettes sold in the city from $0.20 to $0.25 per pack. (#31 6/13/95) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 6/17/95, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Euille and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3804

AN ORDINANCE to amend and reordain Section 3-2-102 (LEVY AND RATE) of Article I (TAX ON SALE OF CIGARETTES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-102 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. 3-2-102 Levy and rate.

In addition to all other taxes of every kind now or hereinafter imposed by law, there is hereby levied and imposed by the city, upon every person who sells or uses cigarettes within the city, an excise tax equivalent to $0.25 for each package containing 20 cigarettes and 12 and one-half mills for each cigarette contained in packages of fewer or more than 20 cigarettes sold or used within the city. The tax shall be paid and collected in the manner and at the time hereinafter prescribed; provided, that the tax payable for each cigarette or cigarette package sold or used within the city shall be paid but once. The tax hereby levied shall not apply to free distribution of sample cigarettes in packages containing five or fewer cigarettes.

Section 2. That this ordinance shall become effective on July 1, 1995.

PATRICIA S. TICER
Mayor

Introduction: 6/13/95
First Reading: 6/13/95
Publication: 6/14/95; 6/15/95
Public Hearing: 6/17/95
Second Reading: 6/17/95
Final Passage: 6/17/95

44. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend (1) the Potomac West Small Area Plan section of the 1992 Master Plan to change the land use designation of the property at 3200-3306 Mount Vernon Avenue from CSL/Commercial Service Low and CG/Commercial General and RH/Residential High to RM/Residential Medium and (2) the Old Town North Small Area Plan section of the 1992 Master Plan to change the land use designation of the property at 1200 North Pitt Street from OC/Office Commercial to CDX/Commercial Downtown-Old Town North. (#32 6/13/95) [ROLL-CALL VOTE)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3805

AN ORDINANCE to amend and reordain the Old Town North and Potomac West Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments to such small area plan chapters heretofore approved by city council as Master Plan Amendment Nos. 94-003 and 94-004, and to repeal all provisions of such small area plan chapters as may be inconsistent with the said amendments.

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

1. In Master Plan Amendment No. 94-003, an application has been made to amend the Old Town North Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the property at 1200 North Pitt Street from OC/Office Commercial to CD-X/Commercial Downtown (Old Town North);

2. In Master Plan Amendment No. 94-004, 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 3200-3306 Mount Vernon Avenue from CSL/Commercial Service Low, CG/Commercial General and RH/Residential High 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 Old Town North Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the land use designation of the parcels at 1200 North Pitt Street, as shown on Exhibit A (MPA No. 94-003), attached hereto and incorporated herein fully by reference, from OC/Office Commercial to CD-X/Commercial Downtown (Old Town North).

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, Virginia, be, and the same hereby is, amended to change the land use designation of the parcels at 3200-3306 Mount Vernon Avenue, as shown on Exhibit B (MPA No. 94-004), from CSL/Commercial Service Low, CG/Commercial General and RH/Residential High 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 Old Town North and Potomac West Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 4. That the Old Town North and Potomac West 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, Virginia, and all provisions inconsistent herewith are repealed.

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 the 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.

PATRICIA S. TICER
Mayor

Attachment: Master Plan amendment sketch plans

Introduction: 6/13/95
First Reading: 6/13/95
Publication: 6/14/95; 6/15/95
Public Hearing: 6/17/95
Second Reading: 6/17/95
Final Passage: 6/17/95

45. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rezone (1) the property at 3200-3306 Mount Vernon Avenue from CSL/Commercial Service Low and CG/Commercial General, with proffers, and RC/Residential to RA/Residential and (2) the property at 1200 North Pitt Street from OC/Office Commercial to CDX/Commercial Downtown-Old Town North, and to remove all existing proffers. (#33 6/13/95) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Euille and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3806

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 1200 North Pitt Street from CO/Commercial Office, with proffers, to CDX/Commercial Downtown (Old Town North), with proffer (RZ No. 94-007, and +by rezoning the property at 3200-3306 Mount Vernon Avenue from CSL/Commercial Service Low, CG/Commercial General and RC/Residential High, with proffers, to RA/Residential Multi-Family, with proffer (RZ No. 94-008), all in accordance with the said zoning map amendments heretofore approved by city council.

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

1. In RZ No. 94-007, an application has been made to amend the zoning of the property at 1200 North Pitt Street (Zoning Map and Tax Map Parcel Nos. 45.03-01-8, 45.03-01-9 and 45.03-01-05 (partial)) from CO/Commercial Office with proffers, to CDX/Commercial Downtown (Old Town North) with proffer;

2. In RZ No. 94-008, an application has been made to amend the zoning of the property at 3200-3306 Mount Vernon Avenue (Zoning Map and Tax Map Parcel Nos. 15.04-01-05, 15.04-01-06, 15.04-01-07 and 15.04-01-13 (partial)) from CSL/Commercial Service Low, CG/Commercial General and RC/Residential High subject to proffers, to RA/Residential Multi-Family with proffer;

3. The said rezonings are in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended; and

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. 45.03 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:

1200 North Pitt Street (Zoning Map and Tax Map Parcel Nos. 45.03-01-8, 45.03-01-9 and 45.03-01-05 (partial), containing approximately .092 acre of land area, as shown on the sketch plan entitled "RZ No. 94-007," dated May 2, 1995, attached hereto and incorporated herein by reference.

FROM: CO/Commercial Office subject to the proffers adopted by Ordinance No. 2956 on June 27, 1984, which proffers are hereby repealed as to the hereinabove described property.

TO: CDX/Commercial Downtown (Old Town North) Zone.

Subject, however, to the following proffer:

Development of the property shall be in accordance with the development plan for a 20 unit townhouse development submitted as Special Use Permit No. 94-383, as approved by the Alexandria City Council, and as may be modified pursuant to the City of Alexandria Zoning Ordinance.

Section 2. 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:

3200-3306 Mount Vernon Avenue (Zoning Map and Tax Map Parcel Nos. 15.04-01-O5, 15.04-01-06, 15.04-01-07 and 15.04-01-13 (partial)), containing approximately 1.9739 acre of land area, as shown on the sketch plan entitled "RZ No. 94-008," dated May 2, 1995, attached hereto and incorporated herein by reference.

TO: RA/Residential Multi-Family Zone.

Subject, however, to the following proffer:

Section 3. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendments on the "Official Zoning Map of Alexandria, Virginia."

Section 4. That Sheet Nos. 45.03 and 15.04 of the "Official Zoning Map of Alexandria, Virginia," as amended by this ordinance, 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

Attachment: Rezoning Sketch Plans

Introduction: 6/13/95
First Reading: 6/13/95
Publication: 6/14/95; 6/15/95
Public Hearing: 6/17/95
Second Reading: 6/17/95
Final Passage: 6/17/95

36
37

46. Public Hearing, Second Reading and Final Passage of AN ORDINANCE (1) to amend section 4-508 of the Zoning Ordinance to allow more accessory apartments over commercial ground floor uses in the CD zone, and to allow fewer parking spaces, tandem parking and off-site parking for such accessory apartments, (2) to amend section 4-1105(C) of the Zoning Ordinance to provide for maximum floor area ratio of 3.0, without regard to lot lines, for land in the OCH zone within the boundaries of a project approved by a TranSUP within 1,000 feet of a metrorail station, and (3) to amend section 11-100 of the Zoning Ordinance to add a new provision allowing the director of planning and zoning to reduce minimum yard requirements based on an error in building location, within certain limits. (#34 6/13/95) [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.

(The City Attorney stated that the date of November 1, 1994, should be inserted in new paragraph 3 of Section 2.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 4-to-O, City Council finally passed the Ordinance upon its Second Reading, as amended. The voting was as follows:

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

The ordinance finally passed as amended reads as follows:

ORDINANCE NO. 3807

AN ORDINANCE to amend and reordain Section 4-508 (ACCESSORY APARTMENTS) under Section 4-500 (CD/COMMERCIAL DOWNTOWN ZONE) (TA NO. 95-002) and Section 4-1105 (AREA AND BULK REGULATIONS) (TA NO. 95-005) under Section 4-1100 (OCH/OFFICE COMMERCIAL HIGH ZONE), of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES) of the City of Alexandria Zoning Ordinance, and to add to Section 11-100 (ADMINISTRATION OF ORDINANCE) of Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of said Zoning Ordinance a new Section 11-105 (REDUCTION OF MINIMUM YARD REQUIREMENTS BASED ON ERROR IN BUILDING LOCATION) (TA NO. 95-006).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 4-508 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Section 4-508 Accessory apartments.

A maximum of four apartment dwelling units, located on a floor or floors above retail or commercial uses, shall be permitted as an accessory use. Such apartments shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, although open space, in the form of balconies, courtyards and rooftop terraces, is strongly encouraged where feasible. Each such apartment shall provide the parking required for a multifamily dwelling unit of equivalent size with the following exceptions: parking spaces may be compact size or tandem; parking shall be located either on the site or within 500 feet of it; and each one bedroom apartment unit shall provide at least one parking space.

3 8

Section 2. That subsection (C) of Section 4-1105 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) Transition special use permits. For land within the boundaries of a project approved by a transition special use permit which was valid as of November 1, 1994 and is located within 1,000 feet of a metrorail station, the maximum permitted floor area ratio is 3.0, without regard to lot lines, with a special use permit.

Section 3. That Section 11-100 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 11-105, to read as follows:

Section 11-105 Reduction of minimum yard requirements based on error in building
location.

Notwithstanding any other provisions of this ordinance, the director shall have the authority, as qualified below, to approve a reduction in the minimum yard or setback requirements established by the applicable zone or other regulations in this ordinance in the case of any building existing or partially constructed which does not comply with such requirements applicable at the time such building was erected. Such a reduction may be approved by the director in accordance with the following provisions:

(A) The director determines that:

(1) The error does not exceed ten percent of the measurement that is involved, or six inches, whichever is smaller;

(2) The error was made in good faith, or through no fault of the property owner, or was the result of an error in the location of the building subsequent to the issuance of a building permit, if such was required;

(3) The reduction will not impair the purpose and intent of this ordinance;

(4) The reduction will not be detrimental to the use and enjoyment of other property in the immediate vicinity;

(5) The reduction will not create an unsafe condition with respect to other property or public streets;

(6) To force compliance with the minimum yard and setback requirements would cause unreasonable hardship on the owner; and

(B) In approving a reduction under this section 11-105, the director shall allow only that reduction necessary to provide reasonable relief and, as deemed advisable, may prescribe such conditions, to include landscaping and screening measures, to assure compliance with the purpose and intent of this ordinance.

(C) On the approval of a reduction for a particular building in accordance with the provisions of this section 11-105, the building shall be deemed to be lawful.

Section 4. That Sections 4-508, 4-1105, and 11-100 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, 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, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which are on such date 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 provision of the City of Alexandria Zoning ordinance, except as may be provided in Article XII of said ordinance.

PATRICIA S. TICER
Mayor

Introduction: 6/13/95
First Reading: 6/13/95
Publication: 6/14/95; 6/15/95
Public Hearing: 6/17/95
Second Reading: 6/17/95
Final Passage: 6/17/95

47. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1995. (#35 6/13/95) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 26, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 6/17/95, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3808

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1995, which began on the first day of July 1994 and ends on the thirtieth day of June 1995.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1994, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $-3,000
Commonwealth Attorney 4,950
Sheriff -72,000
General Services 45,500
Transportation and Environmental
Services 451,984
Fire 1,609
Human Services 762,737
Historic Alexandria 5,000
Recreation 4,782
Schools 665,746

Total Estimated Revenue $ 1,867,308

APPROPRIATION:

Human Relations $-3,000
Commonwealth Attorney 4,950
Sheriff -72,000
General Services 45,500
Transportation and Environmental
Services 451,984
Fire 1,609
Human Services 762,737
Historic Alexandria 5,000
Recreation 4,782
Schools 665,746

Total Appropriation $ 1,867,308

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1995, the source of such amounts being donations to the city which have been accepted and adjusted but not appropriated for fiscal year 1995, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Financial and Information Services $8,500
Housing 670,086
Human Services 9,000
Historic Alexandria 3,350

Total Estimated Revenue $ 690,936

APPROPRIATION:

Financial and Information Services $8,500
Housing 670,086
Human Services 9,000
Historic Alexandria 3,350

Total Appropriation $ 690,_936

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amount being seized assets whose revenues have been accepted and adjusted but not appropriated in fiscal year 1995, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Commonwealth Attorney $1,326
Police 298,986

Total Estimated Revenue $300,_312

APPROPRIATION:

Commonwealth Attorney $1,326
Police 298,986

Total Appropriation $300,_312

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amount being contributions, and further that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the fiscal year 1995 capital improvement budget -- city project nos. 004-034, 009-039, 010-006:

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Contributions $ 14,200

Total Estimated Revenue $ 14,200

APPROPRIATION:

Capital Projects $14,200

Total Appropriation $ 14,200

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for the transfer of the amount hereafter stated between the funds hereafter named, the source of such amount being Designated General Fund Balance, and further that the council does hereby allot the amount so transferred to the following capital projects which are included in the fiscal year 1995-2000 capital improvement program adopted by city council on April 28, 1994: city project nos. 002-003 (New Central Community Library), 003-004 (Municipal Waterfront Improvement Program), 003-014 (Mt. Vernon Avenue Improvements), 003-019 (Streams and Waterfront Dredging), 004-001

(Chinquapin Park and Recreation Center) , 004-012 (Park Improvements), 004-013 (Cameron Station), 004-015 (Northern Virginia Regional Park), 004-033 Landscaping of Public Sites), 004-179 (Recreation Facilities Improvements), 005-003 (Acquisition and Preservation of Historic Buildings), 005-016 (Market Square Renovations), 005-020 (Renovation and Maintenance of Existing City Facilities), 005-033 (Energy Conservation Program), 009-039 (Traffic Control Facilities), 010-001 (Rail RapidTransit), 010-002 (Bus and Rail Capital Replacement/ Improvement), 010-006 (Alexandria Transit Corporation (ATC) Buses), 011-075 (Undergrounding of Utilities/Street Lighting), 011-083 (Braddock Road Metro Station Area Improvements), 011-096 (Bridge Repairs and Maintenance), 011-097 (King Street Metro Station Area Improvement), 011-104 (King and Beauregard Intersection Improvements), 012-003 (Storm Sewer Reconstruction and Extensions), 013-005 (Sanitary Sewer Reconstruction and Extensions), 013-010 (Sewer Separation and Pollution Abatement), 015-001 (Management Information Systems and Applications), 016-001 (Northern Virginia Community College) and the capital projects identified in the Alexandria City Public Schools' capital budget approved by the school board on November 4, 1993.

GENERAL FUND

FINANCING USE:

Transfer Out to Capital Projects Fund $13,450,733

Total Transfer Out $13,450,733

CAPITAL PROJECTS FUND

FINANCING SOURCE:

Transfer In from General Fund $13,450,733

Total Transfer In $13,450,733

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amounts being Equipment Replacement Retained Earnings, and further, that the council does hereby allot the amount so appropriated, as follows:

EOUIPMENT REPLACEMENT FUND

APPROPRIATION:

Sheriff $13,000
Financial and Information Services 79,000
General Services 680,000
Transportation and Environmental Services 90,000
Police 120,000
Mental Health/Mental Retardation/
Substance Abuse 21,000
Health 13,000

Total Appropriation $1,016,000

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1995, the source of such amount being Designated General Fund Balance, and further that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

APPROPRIATION:

Non-Departmental (self-insurance) $500,000

Total Appropriation $500,000

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

PATRICIA S. TICER
Mayor

Introduction: 6/13/95
First Reading: 6/13/95
Publication: 6/14/95; 6/15/95
Public Hearing: 6/17/95
Second Reading: 6/17/95
Final Passage: 6/17/95

48. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the government of the City of Alexandria for fiscal year 1996. (#36 6/13/95) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 6/17/95, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3809

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

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Section 1. That, pursuant to section 6.07 of the city charter, the sum of $319,275,424 be and it hereby is appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $319,275,424 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996 be and it hereby is further appropriated to the following city departments, major operating units and major categories of expenditures in the amounts set forth below:

Department/Unit/Category of Expenditure Appropriation

City Council $406,063
City Manager 726,115
Citizens Assistance 485,049
Human Relations 1,200,426
18th Circuit Court 593,994
18th General District Court 92,831
18th Juvenile Court 36,645
Commonwealth Attorney 1,632,576
Sheriff 13,649,935
Clerk of Courts 1,149,410
Law Library 117,835
Other Correctional Activities 2,434,528
Court Services Unit 435,741
Financial and Information Services 9,082,567
City Clerk and Clerk of Council 221,493
Personnel 1,343,832
Planning & Zoning 1,982,476
City Attorney 997,839
Registrar of Voters 484,407
General Services 7,080,985
Transportation and Environmental Services 16,841,783
Transit Subsidies 10,212,797
Fire 19,473,640
Police 26,762,162
Office of Housing 3,127,746
Mental Health/Mental Retardation/
Substance Abuse 19,192,989
Health 5,081,107
Human Services 25,689,348
Human Services Contributions 1,235,947
Office of Historic Alexandria 2,651,873
Recreation, Parks and Cultural Activities 10,360,961
Library 3,560,093
Schools 96,184,169
Other Educational Activities 13,701
Internal Service 1,804,160
Contingent Reserves 577,775
General Debt Service 10,112,096
Non-Departmental 5,989,802
Capital Projects 16,248,528

TOTAL APPROPRIATIONS $319,275,424

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $319,275,424 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996 be and it hereby is further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $117,007,694
Non-Personnel Services 77,794,278
Capital Outlay 773,651
Library 3, 560,093
Schools 96,184,169
Alexandria Transit Company 5,029,500
Pilot Recycling Program 873,351
Equipment Replacement 1,804,160
Capital Projects 16,248,528

TOTAL APPROPRIATIONS $319,275,424

Section 4. That the sum of $319,275,424 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $146,044,000
Other Local Taxes 53,890,000
Permits, Fees and Licenses 1,544,000
Fines and Forfeitures 3,205,000
Intergovernmental Revenue 58,936,166
Charges for Services 17,777,330
Revenue from Use of Money and Property 7,396,000
Miscellaneous Revenue 3,420,088
Sale of Land 135,000
Unreserved Fund Balance - General Fund 9,103,502
Unreserved Fund Balance - Capital
Projects Fund 13,465,733
Retained Earnings - Internal Service Fund 1,575,810
General Obligation Bond Proceeds
Fiscal Year 1994 Issue 2,782,795

TOTAL ESTIMATED REVENUE $319,275,424

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $16,248,528 be and it hereby is appropriated for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996. This sum, which consists of the $16,248,528 appropriated as Capital Projects in section 2 of this ordinance, is appropriated to and for the following capital projects which are included in the fiscal year 1996 capital improvement budget adopted by city council on May 3, 1995: city capital improvement project nos. 002-003 (New Central Community Library), 003-004 (Municipal Waterfront Improvement Program), 003-014 (Mt. Vernon Avenue Improvements) , 003-019 (Streams & Waterfront Dredging), 004-001 (Chinquapin Park & Recreation Center), 004-012 (Park Improvements), 004-013 (Cameron Station), 004-015 (Northern Virginia Regional Park), 004-033 (Landscaping of Public Sites), 004-179 (Recreation Facilities Improvements), 005-003 (Acquisition &: Preservation of Historic Buildings), 005-016 (Market Square Renovations), 005-020 (Renovation & Maintenance of Existing City Facilities), 005-033 (Energy Conservation Program), 009 - 039 (Traffic Control Facilities), 010-001 (Rapid Rail Transit), 010-002 (Bus & Rail Capital Replacement/Improvement), 010-006 (Alexandria Transit Corporation (ATC) Buses), 011-075 (Undergrounding of Utilities & Street Lighting), 011-083 (Braddock Road Metro Improvements) 011-096 (Bridge Repairs & Maintenance), 011-097 (King Street Metro Station Area Improvements), 011-104 (King & Beauregard Intersection Improvements), 012-003 (Storm Sewer Reconstruction & Extensions), 013-005 (Sanitary Sewer

Reconstruction & Extensions) , 013-010 (Sewer Separation & Pollution Abatement), 015-001 (Management Information Systems & Applications), 016-001 (Northern Virginia Community College), and the capital projects identified in the Alexandria City Public Schools' capital budget approved by the school board on March 2, 1995.

Section 6. That the sum of $16,248,528 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Unreserved Fund Balance -
Capital Projects Fund $13,465,733
General Obligation Bond Proceeds -
Fiscal Year 1994 Issue 2,782,795

TOTAL ESTIMATED REVENUE $16,248,528

Section 7. That the sum of $93,204,434 is authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $16,662,402 Special Revenue Fund- $16,662,402
General

General Fund 74,167,532 Component Unit-Schools 74,167,532

General Fund 2,374,500 Component Unit-Alexandria 2,374,500
Transit Company

TOTALS $93,204,434 $93,204,434

Section 8. That the sum of $319,275,424 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit and major category of expenditure, to the funds maintained by the city which are set forth in Table I on page 5 of this ordinance.

Section 9. That the sum of $319,275,424 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1995 and ending on the thirtieth day of June 1996 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the funds maintained by the city which are set forth in Table II on page 6 of this ordinance.

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

PATRICIA S. TICER
Mayor

Introduction: 6/13/95
First Reading: 6/13/95
Publication: 6/14/95; 6/15/95
Public Hearing: 6/17/95
Second Reading: 6/17/95
Final Passage: 6/17/95

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (49-

59)

49. SUP #95-0016 -- 1320 BRADDOCK PLACE -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the business and add the sale of alcoholic beverages to the convenience store; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Un Suk Goodwin.

COMMISSION ACTION: Deferred 6-0.

50. SUP #95-0062 -- 3128 COLVIN STREET -- SUMMS RECOVERY -- Public Hearing and Consideration of a review of a special use permit for the existing automobile towing and storage facility; zoned I/Industrial. Applicant: Summs Recovery and Collections.

COMMISSION ACTION: Deferred 6-0.

51. SUP #95-0073 -- 1016-1020 NORTH HENRY STREET -- DAVE'S CAR WASH -- Public Hearing and Consideration of a request for a special use permit to extend the operation of a car wash and to change the ownership of the business; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: James Hottle.

COMMISSION ACTION: Deferred 6-0.

52. SUP #95-0077-- 506 SOUTH VAN DORN STREET, #B -- PAPA JOHN'S PIZZA RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant; zoned CG/Commercial General. Applicant: Papa John's Pizza, by John Rose.

COMMISSION ACTION: Deferred 6-0.

53. SUP #95-0078 -- 5800 EDSALL ROAD -- KLINE INFINITI -- Public Hearing and Consideration of a request for a special use permit to install an additional freestanding sign for the existing automobile sales business; zoned CG/Commercial General. Applicant: James M. Kline; Kline Chevrolet, by Jim Sturniow, Sign Masters, Inc.

54. SUP #95-0080 -- 255-257 SOUTH VAN DORN STREET -- SPA LADY HEALTH CLUB -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing health club facility; zoned CG/Commercial General. Applicant: Kasmas Management of Landmark, Inc., by John Masters.

COMMISSION ACTION: Deferred 6-0.

55. CHARTER SECTION 9.06 -- CASE #95-02 -- 314 SOUTH COLUMBUS STREET -- Public Hearing and Consideration of a proposal by the City of Alexandria to acquire property located at 314 South Columbus Street for the construction of an alley and parking spaces within the DIP urban renewal area pursuant to the provisions of Section 9.06 of the City Charter. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Deferred 6-0.

56. SUP #95-0009 -- 4001 MOUNT VERNON AVENUE -- EXXON SERVICE STATION -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a convenience store at the noncomplying automobile service station, with modification of zone transition setback, and a reduction in required parking, and to change the ownership of the business; zoned CL/Commercial Low. Applicant: Exxon Corporation, by Jay du Von.

COMMISSION ACTION: Deferred 6-0.

57. SUP #95-0018 -- 834 NORTH WASHINGTON STREET -- EXXON SERVICE STATION -- Public Hearing and Consideration of a request for a special use permit for alterations to the noncomplying automobile service station, including the addition of a convenience store, and a reduction in required parking; zoned CD-X/Commercial Downtown, Old Town North. Applicant: Exxon Company, U.S.A., by Nan E. Terpak, attorney.

COMMISSION ACTION: Deferred 6-0.

58. SUP #95-0076 -- 1600 MOUNT VERNON AVENUE -- TEXACO SERVICE STATION -- Public Hearing and Consideration of a request for a special use permit to operate a convenience store, and for a reduction in required parking, in conjunction with the existing noncomplying automobile service station; zoned CL/Commercial Low. Applicant: Mohammad Siddique Sheikh; Alexandria Texaco, by Cyril D.Calley, attorney.

COMMISSION ACTION: Deferred 6-0.

59. SUP #95-0075 -- 428-A HUME AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant with a reduction in the required off-street parking; zoned CSL/Commercial Service Low. Applicant: Agha Raza Ali.

COMMISSION ACTION: Deferred 6-0.

WITHOUT OBJECTION, City Council noted the deferrals.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried unanimously by all those present, at 4:00 p.m., the Public Hearing Meeting of Saturday, June 17, 1995, was adjourned. The voting was as follows:

Cleveland "aye" Donley absent
Euille "aye" Pepper "aye"
Ticer left meeting Rich eft meeting
Walker "aye"

APPROVED BY:

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PATRICIA S. TICER MAYOR

ATTEST:

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Beverly I. Jett, CMC City Clerk

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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