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Public Hearing Meeting
Saturday, October 14, 1995 - - 9:30 am

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Sanderson, Director of Real Estate Assessments; Mr. Gitajn, Director of Financial and Information Services; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Wilcox, Urban Planner, Planning and Zoning; Mr. Skrabak, Manager, Environmental Quality; Mr. David, Housing Program Coordinator; Fire Chief Hawkins; and Lieutenant Kaluta, Police Department.

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



OPENING



(a) Donald F. Mela, 1301 Kingston Avenue, representing ALIVE, expressed concern about the impending loss of space for its furniture operation.

Vice Mayor Donley requested the City Manager to link ALIVE up with the staff of Planning and Zoning as they might be aware of some vacant warehouse space, or maybe use some leverage with the Greenvest developers to use Cameron Station until it is razed and redeveloped.

City Manager Lawson spoke to this issue. She indicated that she is willing to meet with the Greenvest representatives and representatives of ALIVE in regard to space at Cameron Station. City Manager Lawson stated that she would be glad to facilitate meeting with the Army to see if ALIVE could use the structures on Jones Point. She will also speak with representatives of the National Capitol Area Food Bank.


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 8)
Planning Commission
Mayor Ticer announced that Docket Item No. 9, Spa Lady special use permit, will be deferred, and Docket Item No. 13, Pita House special use permit, was withdrawn.

WITHOUT OBJECTION, City Council withdrew Docket Item No. 7 from the consent calendar.

3. SUP #95-0125 -- 5406 SEMINARY ROAD -- Public Hearing and Consideration of a review of a special use permit for a child care home; zoned R-20/Residential. Applicant: Bui Thi Son Binh Harrison.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/14/95, and is incorporated herewith as part of this record by reference.)

4. SUP #95-0128 -- 927 NORTH PATRICK STREET -- Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RB/Residential. Applicant: Ruby S. Byrd.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/14/95, and is incorporated herewith as part of this record by reference.)

5. SUP #95-0130-- 4614 KENMORE AVENUE -- ROMA PIZZA; SEMINARY PLAZA CENTER-- Public Hearing and Consideration of a request for a special use permit to expand the hours of operation, add seats and add delivery service to the existing restaurant; zoned CG/Commercial General. Applicant: Mohammed K. Khateeb.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/14/95, and is incorporated herewith as part of this record by reference.)

6. SUP #95-0126 -- 5308 EISENHOWER AVENUE -- SPORTROCK INDOOR CLIMBING -- Public Hearing and Consideration of a request for a special use permit to operate an amusement enterprise for an indoor rock climbing facility and request for off-street parking reduction; zoned OCH/Office Commercial High. Applicant: Sportrock Limited Partnership, by Dan M. Hague.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/14/95, and is incorporated herewith as part of this record by reference.)






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8. SUP #95-0028 -- 2404 MOUNT VERNON AVENUE Public Hearing and Consideration of a review of a special use permit for a child care home; zoned CL/Commercial Low. Applicant: Karen Johnson.

COMMISSION ACTION: Recommend approval 4-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/14/95, and is incorporated herewith as part of this record by reference.)

9. 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. (#20 9/16/95; #8 9/16/95)


COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated October 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 10/14/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Consent Calendar with the exception of Docket Item No. 7 which was considered under a separate motion and noted the deferral of Docket Item No. 9. The Planning Commission recommendations are as follows:

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

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

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

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

9. City Council noted the deferral of this item.

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

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13. SUP #95-0104 -- 407-411 CAMERON STREET -- PITA HOUSE RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for expansion and an extension of hours of operation of a restaurant; zoned CD/Commercial Downtown. Applicant: Tarek Moukalled.

COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of the letter of withdrawal dated October 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 10/14/95, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this item.

7. ENCROACHMENT #95-0013 -- 601 QUEEN STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for planters; zoned RM/Residential. Applicant: Linda M. Fuselier.


COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/14/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

10. SUP #95-0117 -- 1401 1/2 KING STREET -- Public Hearing and Consideration of a request for a special use permit for a health clinic for alcohol and drug rehabilitation treatment; zoned CD/Commercial Downtown. Applicant: Kolmac Clinic, by Harry P. Hart, attorney. (#29 9/16/95)

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/14/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

11. SUP #95-0093 -- 201 CAMBRIDGE ROAD -- BISHOP IRETON SCHOOL -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct an addition for auditorium and classroom use and to construct additional off-street parking for the existing school. The property is zoned R-8 and R-C/Residential. Applicant: The Most Reverend John R. Keating, Bishop, by Harry P. Hart, attorney. (#33 9/16/95)


COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of the conditions for neighbors on Viewpoint and Nob Hill, together with plat, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 11; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of the conditions for neighbors on Cloverway and across the street on Cambridge is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 11; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of a petition opposing this special use permit is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 11; 10/14/95, and is incorporated herewith as part of this record by reference.

Copies of photographs submitted for the record are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 5 of Item No. 11; 10/14/95, and is incorporated herewith as part of this record by reference.)


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(Council Member Rich stated that he will abstain from participating in the discussion of this item because his firm represents Bishop Ireton on unrelated matters, but he feels like he should abstain.)

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

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support of the application;

Roger Bass, architect for the applicant, spoke in support and gave a slide presentation;

Robert L. Oetting, 1100 Quaker Hill Street, #308, spoke in support;

Philip Marston, 612 South Fairfax Street, spoke in support.;

Karen Kinney, 132 Cambridge Road, representing Clover-College Park Civic Association, spoke in support with the additional conditions submitted and agreed to by Mr. Hart;

Father Metzger, principal of Bishop Ireton, spoke in support;

William S. Torrick, 2947 Viewpoint Road, spoke against the special use permit; a copy of Mr. Torrick's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6; 10/14/95, and is incorporated herewith as part of this record by reference;

Wilbur L. Fugate 1805 Dartmouth Road, spoke against the application; a copy of Mr. Fugate's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7; 10/14/95, and is incorporated herewith as part of this record by reference;

James F. Platten, 2945 Nob Hill Court, spoke against the application;

Katy Cannady, 1103 Dartmouth Road, expressed concerns about the severe parking problems, litter, loud music and suggested that there be a supervisor present outside during the morning and afternoon supervising those who drive;

James Donald Strong, 3008 Dartmouth Road, representing the Clover Civic Association, spoke against this special use permit;

Janet Strong, 3008 Dartmouth Road, spoke in support of husband's statement;

Robert B. McIntosh, 309 Vassar Road, spoke to conditions; and

Deborah C. Rile, 2953 Viewpoint Road, spoke against the special use permit.).


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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Donley and Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation, as amended, and approved the request subject to compliance with all applicable codes, ordinances and staff recommendations, and the addition of off-street parking with all of the conditions that we have been discussing that have been submitted to Council by Mr. Hart, i.e. , conditions for neighbors on Viewpoint and Nob Hill, as well as the conditions that were submitted to Council by the Cloverway/College Park Civic Association, copies of which are on file in the office of the City Clerk and Clerk of Council, and in addition to that, that a surety bond be arranged by the applicant to the satisfaction of the City Attorney's Office and the terms of such bond will be reasonable and affordable to the diocese. (With respect to the surety bond, it was left flexible enough so that the City Attorney could prepare the appropriate document since he understands what Council wants.)

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The voting was as follows:

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

12. SUP #95-0107 -- 625 BURNSIDE PLACE -- WASTE MANAGEMENT, INC. -- Public Hearing and Consideration of a request for a special use permit for a recycling facility for construction and demolition materials and for reduction in required off-street parking; zoned I/Industrial. Applicant: Waste Management of Virginia, Inc., by Samuel W. Nolder.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of requested points of clarification for conditions which were submitted by the applicant is on file in the office of the City Clerk and Clerk of Council., marked Exhibit No. 2 of Item No. 12; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of a letter dated October 13, 1995, from the owner of Plaza 500, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 12; 10/14/95, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, a motion was made by Vice Mayor Donley, seconded simultaneously by Councilman Euille and Council Member Walker to deny the special use permit.

THEREUPON, Council returned to the original motion made by Vice Mayor Donley, seconded simultaneously by Councilman Euille and Council Member Walker, to deny the special use permit; which motion FAILED on a vote of 3 "ayes" to 4 "nos". The voting was as follows:

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

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #23, and amended condition #2 to read: "2. Deliveries to the facility shall not exceed 200 tons per day initially, then 300 tons after the six-month review[*], or 50 vehicles per day or whichever comes first on a particular day." [*] [If, at the end of the initial six (6) months of operation, the Director of Planning and Zoning determines (i) that there have been no documented violations of the permit conditions and (ii) that there are no problems with the operation of the use such that new or revised conditions are needed, then the maximum permitted deliveries to the facility as specified in Condition 2 shall be revised to not exceed 300 tons per day or 50 vehicles per day.]; amended condition #22 to read: "22. The applicant must provide a detailed plan showing how the building will be ventilated to the satisfaction of the Director of Code Enforcement."; amended condition #15 to read: "15. The hours of operation shall be Monday - Saturday 6:00 a.m. to 7:30 p.m. or as the City Code may apply."; and amended condition #13 to read: "13. No vehicles waiting to use the facility shall line up on the City's roadways, public right-of-ways, or beyond the subject property." The voting was as follows:

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

Thereupon, at 2:10 p.m., City Council reconvened the meeting and the following transpired:

14. SUP #95-0136 -- 3128 COLVIN STREET -- SUMMS RECOVERY-- Public Hearing and Consideration of a revocation of a special use permit for an automobile towing business in the name of Summs Recovery, by Tony Newton. The property is zoned I/Industrial. Applicant: Department of Planning and Zoning.

COMMISSION ACTION: Recommend revocation 7-0
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(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/14/95, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON upon motion by Council Member Rich, seconded by Vice Mayor Donley and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and revoked the special use permit. The voting was as follows:

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

NOTE: Docket Item Nos. 15 through 20 were considered together; however, separate motions were made on each item.

15. MASTER PLAN AMENDMENT #95-0005 -- POTOMAC YARD -- MAIN -- RAIL LINE RELOCATION -- Public Hearing and Consideration of a request for amendment to the Potomac Yard/Potomac Greens Small Area Plan section of the 1992 Master Plan to change the use permitted on a portion of the property at Potomac Yard without a Coordinated Development District Special Use Permit from I to UT in order to accommodate relocation of the main railroad tracks from the west to the east portion of the site. Applicant: RF&P Corporation, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/14/95, and is incorporated herewith as part of this record by reference.)

16. REZONING #95-0005 -- TEXT AMENDMENT #95-13 -- POTOMAC YARD -- MAIN RAIL LINE RELOCATION -- Public Hearing and Consideration of a request to change the underlying CDD zoning from I to UT for the property at Potomac Yard, for the relocation of the main rail tracks. Applicant: RF&P Corporation, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/14/95, and is incorporated herewith as part of this record by reference.)

17. MASTER PLAN AMENDMENT #95-0004 -- POTOMAC YARD AT SLATER'S LANE -- TOWNES OF SLATER'S VILLAGE Public Hearing and Consideration of a request for amendment to the Potomac Yard/Potomac Greens Small Area Plan section of the 1992 Master Plan to change the development permitted on the Piggyback Yard portion of the Potomac Yard without a Coordinated Development District Special Use Permit from RB/Townhouse to CRMU-L/Commercial Residential Mixed Use Low, with limitations. Applicant: RF&P Corporation, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 6-1

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/14/95, and is incorporated herewith as part of this record by reference.)

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18. REZONING #95--0004 -- TEXT AMENDMENT #95-12 -- POTOMAC YARD AT SLATER'S LANE -- TOWNES OF SLATER'S VILLAGE Public Hearing and Consideration of a request to change the underlying CDD zoning from RB to CRMU-L, with restrictions, for the property at the Piggyback Yard portion of the Potomac Yard. Applicant: RF&P Corporation, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 6-1

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/14/95, and is incorporated herewith as part of this record by reference.)

19. SUP #95-0120 -- POTOMAC YARD AT SLATER'S LANE -- TOWNES OF SLATER'S VILLAGE Public Hearing and Consideration of a request for a special use permit, with site plan, for a residential development of Potomac Yard at Slater's Lane, for the development known as Townes of Slater's Village, including special use permits for outlot development, to allow more than eight townhouses in a row, and to allow non-standard spaces to meet parking requirements; modifications to yards and open space are also requested; zoned CDD-10/Coordinated Development District, Potomac Yard/Greens. Applicant: The Holladay Corporation, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 6-1

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of the substitute condition #43 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 10/14/95, and is incorporated herewith as part of this record by reference.

A copy of the signed agreement between Potowmack Crossing Condominium Unit Owners Association and the Holladay Corporation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 10/14/95, and is incorporated herewith as part of this record by reference.)

20. SUP #95-0121-- POTOMAC YARD AT SLATER'S LANE -- TOWNES OF SLATER'S VILLAGE-- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) approval for the residential development of Potomac Yard at Slater's Lane, for the development known as Townes of Slater's Village; zoned CDD-10/Coordinated Development District, Potomac Yard/Greens. Applicant: The Holladay Corporation, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 6-1

(A copy of the Planning Commission report dated October 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/14/95, and is incorporated herewith as part of this record by reference.)

[Communications received on Docket Item Nos. 15-20, are on file in the office of the City Clerk and Clerk of Council, and incorporated herewith as part of this record by reference.]



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J.Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support of these applications;
Julie Crenshaw, 816 Queen Street, representing Mt. Vernon Group of Sierra Club;

Olivia Hamilton, 113 E. Custis Avenue, representing Del Ray Citizens Association, spoke in support;

Katy Cannady, 1103 Dartmouth Road, representing the Alexandria League of Women Voters; a copy of Ms. Cannady's statement is on file in the office of the City Clerk and Clerk of Council and is incorporated herewith as part of this record by reference;

Pool Hertel, 1217 Michigan Court, representing Northeast Civic Association and Nethergate, spoke against;

Vincent P. Kelso, 1620 West Abingdon Drive, #103, representing Potowmack Crossing Condominium Association;

Frank Van Demark, 1301-5 East Abingdon Drive;

Jean Caldwell, 1117 Powhatan Street, spoke against; and

Ellen Pickering, 103 Roberts Lane, completed her statement.

Prior to any motions, Mayor Ticer directed questions to Mr. Middleton, attorney for applicant.

Mayor Ticer stated that the TMP does not mention the commercial development.

Mr. Middleton responded that the TMP is for the SUP application for the residential community. If we come back in for office space or whatever that requires a TMP for commercial, we have to come back in at that time.

Mayor Ticer indicated that there is a threshold in the requirement for the TMP and you may not meet that threshold and that is accumulative in its effect on the traffic. We at least need to have a ballpark idea.

Mr. Middleton stated that there is no question that they would have to have a traffic study for that commercial development even if the TMP does not technically require one.

Mayor Ticer stated that he would agree that when that commercial component comes in for the special use permit, that there would be a traffic study and some recommendations for remediation that would coordinate with the one that was obviously with the residential development.

Mr. Middleton agreed to this.

Mayor Ticer stated that the issue of the sewers should be put in for sure, that the applicant will be responsible for that connection in the long run.

Mr. Middleton stated that that is certainly accurate.

Mayor Ticer asked that just because there is not a bus line that goes by the property now, would the applicant agree to include a bus shelter?
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Mr. Middleton stated that he did not think that that is part of the plan. He stated that there is no bus line and he thinks that there are so many public improvements that they are doing step by step, that to agree to build a bus shelter when there is no bus line for the residences, he does not know if that really makes sense.

Vice Mayor Donley asked if the applicant would be willing to build a bus shelter contingent upon a bus line being placed there in the future?

Mr. Middleton agreed to this if the location and that sort of thing can be worked out.

Mayor Ticer and Vice Mayor Donley spoke to the need for soccer fields.

Mayor Ticer asked about the bike path being extended.

Mr. Middleton indicated that there will be a bike path along the Slater's Lane development immediately. He indicated that it is not physically possible to extend the path with the Metro station not being in. Without the development and the restructuring of the land, he does not think that that's feasible.

Transportation and Environmental Services Director O'Kane stated that maybe the commitment should be by the owner of the property that once the station is built that they would make the connection from this project up to the station. He indicated that as far as the overpass that is the one that staff has tried to push forward to get at least a time frame. He indicated staff had originally requested five years and the RF&P did not want to do that, and then staff said ten years and they could always come back to show us that there is not a draw on the west side of the tracks at that time and we could consider giving them more time.

Mr. Middleton indicated that many, many meetings and discussions were held on this and their view is that the construction of that connection really should relate to the kind of development. He requested that that item be left the way it is.

Planning and Zoning Director Lynn indicated a point of clarification is that the anticipation of the RF&P is to build a Metro station well in advance of ten years and when the Metro station is built, there will be a crossing at that point.

Mr. Lynn stated that the RF&P tells staff that they are on schedule to produce a Metro station in about five to six years.

There was further discussion on the bike path. Councilwoman Pepper, Mayor Ticer, Mr. Middleton and Mr. O'Kane participated in the discussion.

Mr. Lynn stated that in order for the RF&P to build a Metro station there, they are either going to have a CDD plan or they are going to have to come in for a rezoning. At that time, we can impose the appropriate conditions.)





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15. WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

16. THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

17. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with amendments to the proposed language. The voting was as follows:

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

18. THEREUPON, upon motion by Councilman Cleveland, seconded simultaneously by Council Member Walker and Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with amendments to the proposed language and to conform with the Master Plan Amendment. The voting was as follows:

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



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Potowmack Crossing parking area located to the north of the southernmost Potowmack Crossing building. This second access point shall be governed by four-way stop signs. Building locations and footprints adjacent to the proposed access points may be adjusted to accommodate such access points. The trash dumpster shown on the development plan adjacent to the southernmost Potowmack Crossing building may be relocated near the one-way ingress road." The voting was as follows:

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


20. THEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend city regulations governing the removal of graffiti from private property to conform with Virginia law. (#21 10/10/95) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated October 4, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/14/95, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3823

AN ORDINANCE to amend and reordain Chapter 12 (GRAFFITI ABATEMENT) of Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

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

1. The placement of graffiti on public and private property constitutes a public nuisance, the incidence of which is increasing.

2. The failure of owners, managers and occupants of property promptly to remove graffiti from their property also constitutes a public nuisance.

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3. Graffiti on public and private property is a blighting influence which damages property and depreciates its value and the value of adjacent property.

4. Graffiti on public and private property is inconsistent with the city's aesthetic standards.

5. Unless graffiti is promptly removed from public and private property, the incidence of graffiti tends to proliferate, with other property becoming the object of graffiti.

6. Graffiti on public and private property tends to breed community discontent, contempt for public and private property rights, and criminal activity.

7. While the owners, managers and occupants of the property on which graffiti is placed are the victims of graffiti, it remains the duty of these individuals to remove graffiti from their property as soon as reasonably possible.

8. The expenditure of public funds to remove graffiti on public and private property, as authorized in this ordinance, is a public purpose.

9. Adoption of this ordinance is necessary to assist in preventing and controlling the further spread of graffiti in the City of Alexandria.

10. On May 9, 1995, council adopted Ordinance No. 3794 to provide for the abatement of graffiti on public and private property. On July 1, 1995, Virginia Code 15.1-11.2:2 became effective, and restricted the options available to the city in performing graffiti abatement. This ordinance is necessary to conform Ordinance No. 3794 to state law.

11. For the foregoing reasons, and in light of all other facts and circumstances of which the council may take notice as the legislative body of the City of Alexandria, adoption of this ordinance is necessary and desirable to promote the general welfare of the city, and the safety, health, peace, good order, comfort and convenience of the citizenry; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 12 of Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:
CHAPTER 12

Graffiti Abatement
Sec. 11-12-1 Definitions.
The following terms, as used in this chapter, shall have the meanings set forth below:

(a) City manager" shall mean the Alexandria city manager, or her designee.

(b) "Graffiti" shall mean writings, drawings, inscriptions, figures or marks of paint, ink, chisel, chalk, dye and other similar substance, or flyers, bills and similar materials, which have been placed on public or private property without the permission of the owner, manager or occupant of the property.




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(c) "Placement of graffiti" shall include any form or act of drawing, painting, scrawling, writing, marking, inscribing, scratching, gluing, posting or otherwise affixing graffiti to public or private property.

(d) "Public or private property" shall mean the exterior surface of any building, or any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, or any article of street furniture, utility or public service equipment, or other personal property located outdoors, whether owned by a public entity or by a private person or entity, and visible from any public right-of-way.

Sec. 11-12-2 Graffiti nuisance prohibited.

(a) The placement of graffiti on any public or private property is declared to be a public nuisance and is prohibited.

(b) The failure of any property owner, manager or occupant of public or private property to remove or effectively obscure graffiti which has been placed upon property under such person's ownership or control, within 10 days after the service of notice as provided in this chapter, is declared to be a public nuisance and is prohibited.

Sec. 11-12-3 Abatement of graffiti nuisance.

(a) Notice and opportunity to abate. Whenever the city manager becomes aware of the existence of graffiti on any public or private property, the city manager shall give or cause to be given, written notice to remove or effectively obscure such graffiti to the owner, manager or occupant of the property. Such notice may be served by personal service or certified mail, and shall be complete upon delivery or mailing. Such notice shall direct the recipient to remove or effectively obscure such graffiti within 10 days of the date of the notice, or grant the city written permission to enter upon the property and remove or effectively obscure such graffiti, and shall inform the recipient that, in the event of failure to comply, the city may seek a court order allowing the city to enter upon the property and remove or effectively obscure such graffiti, in the manner provided in this chapter. Prior to the issuance of a notice under this subsection, the city manager shall contact the owner, manager or occupant of the affected property and attempt to obtain the commitment of such person to remove the graffiti within a reasonable period of time. Only in the event no such commitment is made or, if made, the commitment is not honored may the city manager proceed to issue a notice under this subsection.

(b) Abatement by city. If the owner, manager or occupant of the property upon which graffiti has been placed fails to remove or effectively obscure the graffiti, or grant the city written permission to enter upon the property and remove or effectively obscure such graffiti, within 10 days from service of the notice described in subsection (a), the city attorney may file a public nuisance action against the property owner and the manager and/or occupant of the property, to allow the city to enter upon the property and remove or effectively obscure such graffiti.

(c) Waiver of liability. The failure of the recipient of a notice given pursuant to subsection (a) to comply with the notice shall be deemed a waiver of any claim by or on behalf of the recipient or, if different, the owner of the property against the City of Alexandria for damage to the property arising out of the work of removing or obscuring the graffiti.



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Sec. 11-12-4 Materials.

In no case shall the city be required to clean, paint or repair any more extensive area than where the graffiti is located. Nor shall the city be required to restore the area to its original condition (e.q., color, texture).

Sec. 11-12-5 Penalties.

(a) Any person who commits a violation of section 11-12-2(a) shall be punished as provided in section 13-1-19 of this code or in sections 18.2-137 or 18.2-138 of the Code of Virginia, 1950, as amended.

(b) Abatement of the nuisance by the city as provided in section 11-12-3 shall be the sole remedy for the violation of section 11-12-2(b).

Sec. 11-12-6 Restitution by perpetrator.

In addition to any fine or sentence imposed under section 11-12-5(a), the court shall order the person convicted to make restitution to the owner, manager or occupant of the property upon which the graffiti has been placed, for the damage or loss caused directly or indirectly by the violation, in a reasonable amount and manner to be determined by the court.

Sec. 11-12-7 Exemptions.

This chapter shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on streets, sidewalks or other paved surfaces which are used in connection with traditional children's activities, such as drawings or bases for kickball, handball, hopscotch and the like, or to prohibit markings placed on public or private property by the authorized representative of the city or a public utility to indicate the location of service lines and facilities.

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

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95


22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rezone the property located at 2A-16 West Glebe Road to amend a proffer, given in conjunction with the 1985 rezoning of the property, to allow development of residential townhouses. (#22 10/10/95) [ROLL-CALL VOTE]

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille out of room
Ticer "aye" Rich out of room
Walker "aye"
18


The ordinance finally passed reads as follows:
ORDINANCE NO. 3824

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 2A-16 West Glebe Road by repealing existing proffers and adopting a new proffer (RZ No. 95-003), in accordance with the Zoning Map amendment heretofore approved by city council.

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

1. An application has been made to amend the zoning of the property known as 2A-16 West Glebe Road (Zoning Map and Tax Map Parcel Nos. 15.04-03-04, 15.04-03-05, 15.04-03-06, 15.04-03-07, 15.04-03-08 and 15.04-03-09) by repealing the existing proffers applicable to these properties and by adopting a new proffer.

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

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 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:

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







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Section 3. That Sheet No. 15.04 of the "Official Zoning Map, Alexandria, Virginia," as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95







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The subject property and surrounding land uses are shown on the sketch below





2 1


23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend section 4-1203 of the City Alexandria Zoning ordinance to add amusement enterprises as special use to the Industrial zone. (#23 10/10/95) [ROLL-CALL VOTE]

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3825

AN ORDINANCE to amend and reordain Section 4-1203 (SPECIAL USES), under Section 4-1200 (I/INDUSTRIAL ZONE) of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 4-1203 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (A.1) to read as follows:

Section 2. That Section 4-1203 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95







22


24. 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 1996. (#24 10/10/95) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 10/14/95, and is incorporated herewith as part of this record by reference.)

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3826

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 1996, which began on the first day of July 1995 and ends on the thirtieth day of June 1996.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances or otherwise on or before June 30, 1995, but which are payable in fiscal year 1996 and for which amounts were appropriated but not expended in fiscal year 1995, and further that the council does hereby allot the amounts so appropriated to the several municipal departments for fiscal year 1996, as follows:

GENERAL FUND

18th Circuit Court $ 811
Commonwealth's Attorney 19,133
Sheriff 217,219
Clerk of Courts 156,562
Court Services 1,167
Other Correctional Activities 2,147
Financial and Information Services 467,260
City Attorney 1,670
Registrar 25,045
City Council 1,651
Human Relations 19,515
Citizens Assistance 5,393
City Manager 20,700
Personnel 49,879
Planning and Zoning 109,310
General Services 560,520
Transportation and Environmental Services 863,520
Fire 161,096
Police 192,357



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Office of Housing 159,589
Health 12,587
Human Services 244,241
Office of Historic Alexandria 180,695
Recreation and Cultural Activities 179,459
Non-Departmental 2,159,739

Total General Fund $5,811,265

EQUIPMENT REPLACEMENT RESERVE FUND

Sheriff $ 10,969
Financial and Information Services 350,122
General Services 680,000
Transportation and Environmental Services 602,921
Fire 39,438
Police 1,800
Health 12,651
Recreation 76,658

Total Equipment Replacement Reserve Fund $1,774,559

COMPONENT UNIT

Dash $ 1,470

Total Component Unit $ 1,470

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 for fiscal year 1996, the source of such amount being external grant awards, the proceeds of which were received or accepted prior to June 30, 1995, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1996, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 27,935
Court Services 2,322
Planning and Zoning 13,099
General Services 55,833
Transportation and Environmental Services 663,455
Fire 372,406
Housing 8,379,432
Mental Health/MentalRetardation/
SubstanceAbuse 1,514,409
Health 59,882
Human Services 709,458
Historic Alexandria 78,330
Recreation 7,153

Total Estimated Revenue $11,883,714

APPROPRIATION:

Human Relations $ 27,935
Court Services 2,322
Planning and Zoning 13,099
General Services 55,833
Transportation and Environmental Services 663,455


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Fire 372,406
Housing 8,379,432
Mental Health/MentalRetardation/SubstanceAbuse 1,514,409
Health 59,882
Human Services 709,458
Historic Alexandria 78,330
Recreation 7,153

Total Appropriation $11,883,714

Section 3. 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 1996, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1995, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1996, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 31,793
Commonwealth's Attorney 10,000
Sheriff 57,697
Transportation and Environmental Services 170,116
Fire 6,368
Mental Health/MentalRetardation/SubstanceAbuse 1,965,772
Health 84,105
Human Services 64,891
Historic Alexandria 110,938
Recreation 129,840

Total Estimated Revenue $2,631,520

APPROPRIATION:

Human Relations $ 31,793
Commonwealth's Attorney 10,000
Sheriff 57,697
Transportation and Environmental Services $ 170,116
Fire 6,368
MentalHealth/MentalRetardation/SubstanceAbuse 1,965,772
Health 84,105
Human Services 64,891
Historic Alexandria 110,938
Recreation 129,840

Total Appropriation $2,631,520

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 in fiscal year 1996, the source of such amount being the residual balances accumulated as of June 30, 1995, in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1996, as follows:






25


ESTIMATED REVENUE:

Human Relations $ 78,107
Citizens Assistance 20,537
Commonwealth's Attorney 21,812
Clerk of Courts 163,378
Court Services 1,089
Personnel 90,062
Transportation and Environmental Services 47,128
Fire 8,607
Police 772,450
Housing 450
MentalHealth/MentalRetardation/SubstanceAbuse 13,739
Health 4,908
Human Services 76,841
Historic Alexandria 93,715
Recreation 155,520
Non-Departmental 3,714

Total Estimated Revenue $1,552,057

APPROPRIATION:

Human Relations $ 78,107
Citizens Assistance 20,537
Commonwealth's Attorney 21,812
Clerk of Courts 163,378
Court Services 1,089
Personnel $ 90,062
Transportation and Environmental Services 47,128
Fire 8,607
Police 772,450
Housing 450
Mental Health/Mental Retardation/Substance Abuse 13,739
Health 4,908
Human Services 76,841
Historic Alexandria 93,715
Recreation 155,520
Non-Departmental 3,714

Total Appropriation $1,552,057

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the General Fund the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1996, the source of such amount being undesignated General Fund Balance, and further that the Council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

APPROPRIATION:

Police $ 13,000
Historic Alexandria 86,022
Schools (Transfers Out) 43,615
Non-Departmental 54,075

Total Appropriation $ 196,712





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Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the component unit fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amount being Transfers In, and further that the Council does hereby allot the amount so appropriated for fiscal year 1996, as follows:

COMPONENT UNIT

ESTIMATED REVENUE:

Component Unit - Schools
Transfers In (from General Fund) $43,615

Total Estimated Revenue $43,615


APPROPRIATION:

Component Unit - Schools $43,615

Total Appropriation $43,615

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amount being Charges for Services and Transfers In, 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 1996 capital improvement budget: city project nos. 004-033, 011-075 and 011-097.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Charges for Services $ 8,425
Transfers In (from Special Revenue Fund) $125,000

Total Estimated Revenue $133,425

APPROPRIATION:

Capital Projects $133,425

Total Appropriation $133,425

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

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95







27


25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for planter boxes at 311 North Saint Asaph Street. (#25 10/10/95) [ROLL-CALL VOTE]

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3827

AN ORDINANCE authorizing the owners of 311 North Saint Asaph Street, and the owners, successors in title, to establish and maintain an encroachment into the public right-of-way of 311 North Saint Asaph Street, in the City of Alexandria, Virginia.

WHEREAS, John and Joyce Hartnett are the owners of the property located at 311 North Saint Asaph Street in the City of Alexandria, Virginia; and

WHEREAS, John and Joyce Hartnett desire to establish and maintain two wooden planter boxes, one eight feet in length and the other five feet in length, which will project up to approximately two feet into the public right-of-way at 311 North Saint Asaph Street; and

WHEREAS, the public right-of-way at that point on 311 North Saint Asaph Street will not be significantly impaired by this encroachment; and

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

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

Section 1. That John and Joyce Hartnett and their successors in title (hereinafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 311 North Saint Asaph Street in the City of Alexandria, said encroachment consisting of two wooden planter boxes, one eight feet in length and the other five feet in length, which will encroach two feet into the public right-of-way of 311 North Saint Asaph Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.




28


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

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

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

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

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

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.
29
Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95



26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way for planter boxes at 225 North Fairfax Street. (#26 10/10/95) [ROLL-CALL VOTE]

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3828

AN ORDINANCE authorizing the owners of 225 North Fairfax Street, and the owners' successors in title, to establish and maintain an encroachment into the public right-of-way of 225 North Fairfax Street, in the City of Alexandria, Virginia.

WHEREAS, Robert Staples and Barbara Charles are the owners of the property located at 225 North Fairfax Street in the City of Alexandria, Virginia; and

WHEREAS, Robert Staples and Barbara Charles desire to establish and maintain two brick planters, each approximately 17 feet in length, which will project up to approximately two feet into the public right-of-way at 225 North Fairfax Street.

WHEREAS, the public right-of-way at that point on 225 North Fairfax Street will not be significantly impaired by this encroachment; and

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

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

Section 1. That Robert Staples and Barbara Charles and their successors in title (hereinafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 225 North Fairfax Street in the City of Alexandria, said
30
encroachment consisting of two brick planters, each 17 feet in length and projecting two feet into the public right-of-way, until said encroachment is removed or destroyed or the authorization to maintain is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

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

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

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

Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to
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remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95



27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for entrance steps at 123 North Alfred Street. (#27 10/10/95) [ROLL-CALL VOTE]

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3829

AN ORDINANCE authorizing the owner of 123 North Alfred Street and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way of 123 North Alfred Street, in the City of Alexandria, Virginia.

WHEREAS, Lawrence N. Brandt, Inc., is the developer of the Church Square Project which includes the property located at 123 North Alfred Street in the City of Alexandria, Virginia; and

WHEREAS, on November 13, 1993, City Council adopted Ordinance No. 3682 in conjunction with the Church Square Project which authorized encroachments of four to six feet into the public right-of-way of the 100 block of North Alfred Street for steps, stoops and planting areas for an office building and a townhouse; and

WHEREAS, the final review for the certificate of occupancy for the office building at 123 North Alfred Street shows that the building's entry stairs project 0.31 feet, over a length of 14.78 feet, comprising an area of 4.58 square feet, beyond the limits of the encroachment authorized by Ordinance No. 3682, with the result that the sidewalk width in front of the office building measures approximately 3.17 feet instead of the 3.73 feet provided for in Ordinance No. 3682; and




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WHEREAS, Lawrence N. Brandt, Inc., has now applied for permission for an additional 0.31 feet, over a length of 14.78 feet, for the entry steps of the building at 123 North Alfred Street to encroach into the public right-of-way of North Alfred Street, as shown on the July 6, 1995, plat entitled "Plat Showing Encroachment Easement Located in a Portion of North Alfred Street for Lot 17, Church Square" prepared by Holland Engineering (the "Plat") (attached hereto); and

WHEREAS, the public right-of-way of 123 North Alfred Street will not be significantly impaired by the requested encroachment; and

WHEREAS, this encroachment has been, reviewed by the Planning Commission of the City of Alexandria at one of its regular meetings; and

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

Section 1. That the owner of the property at 123 North Alfred Street, and said owner's successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of 123 North Alfred Street in the City of Alexandria, as shown in the Plat, said encroachment consisting of entry steps protruding 0.31 feet, over a length of 14.78 feet, into the public right-of-way of North Alfred Street, as shown on the Plat, until said encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner (a) installing and maintaining handrails at each end of the staircase for the building located at 123 North Alfred Street to the satisfaction of the director of transportation and environmental services, and (b) obtaining and maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

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

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

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

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

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

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed within 60 days of notification by the city, and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

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


Attachment: Plat

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95







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28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for a planter at 312 Queen Street. (#2810/10/95) [ROLL-CALL VOTE]


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 Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3830

AN ORDINANCE authorizing the owner of the property located at 312 Queen Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way at 312 Queen Street, in the City of Alexandria, Virginia.

WHEREAS, Charlotte J. Millar is the owner of the residential property located at 312 Queen Street in the City of Alexandria, Virginia (the "Property"); and

WHEREAS, Charlotte J. Millar desires to establish and maintain, and has applied for, an encroachment into the right-of-way at 312 Queen Street, which encroachment shall consist of a wooden planter box that is approximately 21 inches deep and 48 inches long, is located in front of the brick wall to the east of the house and encroaches approximately two feet into the right-of-way; and

WHEREAS, the public right-of-way in front of 312 Queen Street is 11 feet wide and will not be significantly impaired by the requested encroachment; and

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

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

Section 1. That Charlotte J. Millar and her successors in title (hereafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 312 Queen Street in the City of Alexandria, said encroachment consisting of a planter box approximately 21 inches wide and 48 inches long abutting the brick wall to the east of the property located at 312 Queen Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on her part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.



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Section 2. That the authorization hereby granted to establish and maintain the encroachment described in Section 1 shall be subject to and conditioned upon Owner maintaining at all times and at her own expense liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

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

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

Section 4. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands that Owner remove the encroachment. Said removal shall be completed within sixty days of the date of the notification and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.







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

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95



29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for front entrance steps at 819 Church Street. (#29 10/10/95) [ROLL-CALL VOTE]
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3831

AN ORDINANCE authorizing the owner of the property located at 819 Church Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way at 819 Church Street, in the City of Alexandria, Virginia.

WHEREAS, Gregory M. Nau is the owner of the residential property located at 819 Church Street in the City of Alexandria, Virginia (the "Property"); and

WHEREAS, the public right-of-way at this location on Church Street is 11.2 feet wide, consisting of a 4-foot wide concrete sidewalk and a 7.2-foot wide green strip lying between the sidewalk and the front property line of 819 Church Street; and

WHEREAS, Gregory M. Nau has applied for an encroachment into the public right-of-way at 819 Church Street, which encroachment shall consist of brick and flagstone steps that will provide access from the public sidewalk to the walkway in front of his property and shall encroach approximately 5.2 feet into the green strip of the public right-of-way, leaving approximately two feet between the stairs and the sidewalk; and

WHEREAS, the sidewalk portion of the public right-of-way at this point at 819 Church Street will not be impaired by the requested encroachment; and

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



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

Section 1. That Gregory M. Nau and his successors in title (hereafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 819 Church Street in the City of Alexandria, said encroachment consisting of steps of the standard width that will provide access from the public sidewalk to the walkway in front of the Property's residential dwelling and will encroach approximately 5.2 feet into the green strip portion of the public right-of-way, all as shown on the plat, entitled, "Plat Showing House Location on Lot 28, Block 2, Hunting Creek Homes, Inc.," and dated August 31, 1993, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on his part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that the proposed steps shall be constructed so as not to damage the existing tree located in the public right-of-way adjacent to the site where the steps will be constructed.

Section 3. That the authorization hereby granted to establish and maintain the encroachment described in Section 1 shall at all times be subject to and conditioned upon owner maintaining, at all times and at his own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

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






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Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and maintaining the encroachment, Owner shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria from any and all liability (including attorney fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands that Owner remove the encroachment. Said removal shall be completed within 60 days of the date of the notice and shall be accomplished by Owner without cost to the city. if Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

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

Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95



30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the sale of the real property owned by the city and located at 3807 Edison Street in the City of Alexandria. (#30 (b) 10/10/95)


(A copy of the City Manager's memorandum dated October 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 10/14/95, and is incorporated herewith as part of this record by reference.)

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

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

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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The ordinance finally passed reads as follows:
ORDINANCE NO. 3832

AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located at 3807 Edison Street in the City of Alexandria, Virginia, to Gloria J. Trammell.

WHEREAS, the City of Alexandria owns the real property located at 3807 Edison Street in Alexandria, Virginia; and

WHEREAS, the sale of this property by the city has been submitted to and approved by the planning commission on September 5, 1989; and

WHEREAS, the city manager has recommended the sale of this property for $88,000 to Gloria J. Trammell; and

WHEREAS, the city council is of the opinion that the city no longer needs this property, that its disposition, according to the terms and conditions of the Real Estate Purchase Agreement between the City of Alexandria and Gloria J. Trammell (hereinafter, the "Agreement, " a copy of which is attached) will further the city's policy to remove blight and increase homeownership opportunities, and that its sale is in the public interest; and

WHEREAS, Gloria J. Trammell wishes to buy this property at the price and under the terms and conditions set forth below; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sale of the real property described below to Gloria J. Trammell, for $88,000, and under the terms and conditions contained in the Agreement, which Agreement is hereby incorporated in this ordinance as if fully set forth herein, be, and the same hereby is, approved and authorized:

Section 2. That the city manager be and hereby is authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the sale of the real property described in Section 1 in accordance with the terms and conditions of the Agreement, including, but not limited to, the execution and delivery of a deed and other appropriate documents.



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Section 3. That the city clerk be and hereby is authorized to attest the execution of the deed and other necessary documents executed by the city manager pursuant to Section 2, and to affix thereon the official seal of the City of Alexandria.

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

Attachment: Agreement for Sale and Rehabilitation of 3807 Edison
Introduction: 10/10/95
First Reading: 10/10/95
Publication: 10/12/95
Public Hearing: 10/14/95
Second Reading: 10/14/95
Final Passage: 10/14/95







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REAL ESTATE PURCHASE AGREEMENT
1. This Purchase Agreement made this____ day of _________, 1995 by and between Gloria J. TRAMMELL, hereinafter called PURCHASER, and the CITY OF ALEXANDRIA, a Municipal corporation of Virginia, hereinafter called SELLER.
2. Received of PURCHASER a deposit of One Thousand Dollars ($1,000.00) in the form of CASH to be applied as part payment in the purchase of:
Lot 2, Block 3, Section 3, Subdivision HUME SPRINGS, City of Alexandria, Virginia

Also known as 3807 Edison Street, City of Alexandria, Virginia, 22305, together with all improvements thereon (including built-in heating plant, central air conditioning, all plumbing, and existing lighting fixtures, stove, refrigerator, all wall to wall carpeting, screens, trees, shrubs).
3. Price of Property: Eighty Eight Thousand Dollars ($88,000.00).

4. The PURCHASER agrees to pay no less than Two Thousand Dollars ($2,000.00) cash at settlement of which sum this deposit shall be a part. This amount will be applied first to closing costs, and then to the purchase price, if closing costs exclusive of pre-paid items are less than Two Thousand Dollars.
5 5. The Purchaser has applied for a mortgage secured by a first Deed of Trust on said premises in the approximate amount of Seventy Thousand Four Hundred Dollars ($70,400.00) at 6.875% interest for 30 years, or the prevailing rate or term of years at the time of settlement. When FRA or VA financing applies, the interest rate for the herein described first Trust shall be at the maximum effective legal rate at time of settlement. When applicable, PURCHASER agrees to pay loan origination fee and mortgage guarantee insurance premiums as is reasonably required by the lender.


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6. The PURCHASER has applied for a second Deed of Trust and note in the approximate amount of Seventeen Thousand Six Hundred Dollars ($17,600.00) at 0% interest due and payable in full within ninety-nine (99) years. The total amount of the loan will be secured by a second Deed of Trust lien against the property. The second Deed of Trust Note will not be due and payable until the property ceases to be the principal place of residence, or is sold or transferred, or if the borrower fails, or neglects to pay a sum sufficient for taxes, assessments, or premiums for hazard, flood or mortgage insurance, or such insurance is cancelled, or 99 years, whichever occurs first.
An anti-speculation surcharge will be imposed on the amount secured by the second Deed of Trust if within five (5) years from the date of the Note, the property ceases to be the principal place of residence, or is sold or transferred or if the borrower fails or neglects to pay a sum sufficient for taxes, assessments or premiums for hazard, flood (if required), or mortgage insurance, or such insurance is cancelled. The surcharge will amount to twenty-five percent (25%) of the amount secured by the second Deed of Trust during the first year, twenty percent (20%) during the second year, fifteen percent (15%) during the third year, ten percent (10%) during the fourth year and five percent (5%) during the fifth year. Beyond five (5) years from the date of the Note, the surcharge will not apply and only the principal amount will be due if the property ceases to be the principal place of residence, or is sold or transferred, or if the borrower fails, or neglects to pay a sum sufficient for taxes, assessments, or premiums for hazard, flood or mortgage insurance, or such insurance is cancelled, or 99 years, whichever occurs first.
In the event the property is inherited by a relative, the loan secured by the second Deed of Trust can be assumed; otherwise, it becomes due and payable.
-2-


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7. The PURCHASER agrees to pay loan discount fees (in excess of loan origination fees). The loan discount fee is based on the present mortgage money market and it is further agreed that PURCHASER agrees to comply immediately with any mandatory requirements imposed by the lender at PURCHASER'S expense. At settlement, PURCHASER agrees to pay ALL closing costs, origination fees, discount Points and any fees or charges arising from the preparation of the deed or title search. The PURCHASER further agrees to pay for the cost of the appraisal of value.
9. By October 31, 1995, or sooner, if possible, and by mutual agreement between PURCHASER and SELLER, the parties hereto agree to make full settlement in accordance with the terms hereof. It is expressly understood and agreed that if a longer time is necessary to obtain a report on the title, or if additional time is necessary to secure a survey on the property, if required, or to finance or process this loan, then the date of settlement shall be extended for a reasonable amount of time to effect these conditions. If the PURCHASER shall fail to make full settlement, the deposit herein provided for will be forfeited at the option of the SELLER.
In the event of forfeiture, the SELLER may proceed at its option under law to require specific performance in addition to forfeiture or to proceed at whatever remedy is available at law to collect damages. PURCHASER agrees to present evidence of Hazard and Flood Insurance, together with a paid receipt for same, at the time of settlement.
10. PURCHASER has been advised that PURCHASER has the right to select an attorney licensed to practice in Virginia or a Title Company (subject to SELLER'S approval) to examine the title and hold settlement in the City of Alexandria and after having been so advised, PURCHASER selects: To be determined at a later date


-3-





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11. The SELLER agrees to execute and deliver a good and sufficient GENERAL WARRANTY DEED. The PURCHASER agrees to have the deed of conveyance recorded promptly. The property, including the aforesaid chattels, is sold free of encumbrance except as stated herein. Title is to be good of record and merchantable, subject however, to covenants, rights of way, easements, conditions and restrictions of record, if any, otherwise the deposit is to be returned and sale declared off at the option of the PURCHASER, unless the defects are of such character that they may be remedied by legal action within a reasonable time. In case legal steps are necessary to perfect the title, such action must be taken promptly by SELLER at SELLER'S expense whereupon the time herein specified for full settlement by the PURCHASER will thereby be extended for the period necessary for such prompt action. In the event, that upon examination, the title should be found defective and unremedial, the SELLER hereby agrees to pay the costs of title examination.
12. The SELLER will leave premises free and clear of trash and debris and broom CLEAN. PURCHASER has the privilege of a pre-settlement inspection of the premises and appliances. PURCHASER has the right to hire an expert to assist in this inspection. THE PROPERTY IS SOLD WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.
13. Rents, taxes, water, sewer charges, oil, electricity, gas, escrow, insurance and interest on existing encumbrances, if any, and other operating charges are to be adjusted to date of settlement. Taxes, general and special, are to be adjusted according to the certificate of taxes issued by the appropriate tax collection authority in the State of Virginia, except that assessments for
-4-



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improvements completed prior to the date hereof, whether assessment therefore has been levied or not, shall be paid by SELLER or allowance made therefore at the time of settlement.
14. Settlement is to be held in the City of Alexandria and may be made at the Office of the Attorney or the Title Company examining the title or at such other place as may be agreed to by both parties. Delivery to the Attorney or to the Title Company of the cash payment and settlement costs as herein stated, the executed deed of conveyance and such other papers as are required of either party by the terms of this agreement shall be considered good and sufficient tender of performance in accordance with the terms hereof. It is agreed that funds arising out of this transaction at settlement may be used to pay off any existing encumbrances, including interest as required by the lender.
15. SELLER agrees to give possession at time of settlement, and in the event SELLER shall fail to do so, SELLER shall become and be thereafter a tenant by sufferance of the PURCHASER and hereby waives all notice to quit as provided by law.
16. The risk of loss or damage to said property by fire or other casualty is assumed by the SELLER until possession by the PURCHASER, or recordation of the Deed, whichever occurs first.
17. This agreement is contingent upon the above-described first and second deed of trust financing and if said financing cannot be arranged, all monies paid on account shall be refunded. However, the amounts collected for the appraisal report and credit check paid by the PURCHASER are non-refundable. PURCHASER and SELLER agree that they will promptly and diligently perform those acts necessary to obtain the above described financing and such other acts as are required to fulfill the terms and conditions of this agreement. If PURCHASER, for any reason, other than those
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stated above or elsewhere herein, does not proceed to purchase said property all monies paid on account by PURCHASER are non-refundable and forfeited to SELLER.
18. Where Trustees are to be named in a Deed(s) of Trust, the said Trustees shall be named by the parties respectively secured thereby.
19. The principals to this agreement mutually agree that this contract may not be assigned nor is it binding upon their respective heirs, executors, administrators, successors and assigns; that the Provisions hereof shall survive the execution and delivery of the deed aforesaid and shall not be merged therein; that this agreement, unless subsequently amended in writing, contains the final and entire agreement between the principals hereto, and that they shall not be bound by any terms, conditions, oral statements, warranties or representations, not herein contained. The words "SELLER" and "PURCHASER" as used in this agreement shall include the plural as well as the singular.
20. This agreement is contingent upon the adoption by the City Council of Alexandria, Virginia of an Ordinance authorizing the sale of the property. In the event that City Council fails to adopt such an Ordinance, the SELLER shall refund to the PURCHASER any and all money received by the SELLER as a deposit under this Contract and the PURCHASER shall be relieved of any further obligation under this contract.
21. The PURCHASER and SELLER hereby acknowledge receipt of a signed copy of this agreement.







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48
WITNESS the following signatures.
SELLER:

CITY OF ALEXANDRIA, A
MUNICIPAL CORPORATION OF
VIRGINIA

By:_________________________
Title:_________________________
Date:_________________________







_________________(SEAL)
Purchaser
Date:_____________


_________________(SEAL)
Purchaser
Date:_____________








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49

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

31. SUP #95-0127 -- 1701 NORTH QUAKER LANE -- SAINT CLEMENT EPISCOPAL SCHOOL -- Public Hearing and Consideration of a request for a special use permit to increase the hours of operation and the number of students for a day nursery; zoned R-8/Residential. Applicant: St. Clement Episcopal School, by Deniza I. Sluss.

COMMISSION ACTION: Deferred 7-0
32 . SUP #95-0129 -- 301 LAVERNE AVENUE -- Public Hearing and Consideration of a request for a special use permit to construct a residence on a substandard lot, for a modification of the front setback requirement and for an off-street parking reduction; zoned R-2-5/Residential. Applicant: Philip F. Herrick, Jr.

COMMISSION ACTION: Deferred

33. SUP #95-0101 -- 2700 JEFFERSON DAVIS HIGHWAY -- KABUL CAFE -- Public Hearing and Consideration of a review of a special use permit and request to add seating and a storage building, and request for off-street parking reduction for the existing restaurant; zoned I/Industrial. Applicant: Qasim Abbasi, t/a Kabul Cafe.

34. SUP #95-0124 -- 1108 JEFFERSON STREET -- LEE CENTER Public Hearing and Consideration of a request for a special use permit, with site plan, to construct additions to a public building and to construct other site improvements, including additional parking; a reduction in required off-street parking is also requested; zoned POS/Public Open Space and Community Recreation Zone. Applicant: City of Alexandria, Department of General Services.

35. SUP #95-0105 -- 547 EAST DUNCAN AVENUE Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RB/Residential. Applicant: Eunice Thomas.
WITHOUT OBJECTION, City Council noted the deferrals.


New Business Item No. 1: Councilwoman Pepper spoke to the letters that have been received from people from Founder's Park who are very concerned about the jetty that is about to be constructed there. They are concerned that there will be a recreational fishing facility.

City Manager Lawson explained that there was never a fishing pier that was planned. The plan that was approved by the Park and Recreation Commission and by the Waterfront Commission had a jetty. The purpose of which is to buy us perhaps 7 or 8 years after we do the dredging. She stated that the City plans to put a "No Fishing" sign and maybe a chain across it if it goes forward, but Mr. O'Kane is going to talk with the Founder's Park Civic Association and the residents..


50

New Business Item No. 2: Mayor Ticer stated that the District Taxicab Commission is
recommending that Virginia and Maryland taxicabs not be able to return people from the District. They can drive them to the District from their jurisdiction, but they can't bring them back. She stated that the City is writing a letter in opposition and expressing a very deep concern for this issue. The Transportation Planning Board and NVTC are also writing letters in opposition.

Vice Mayor Donley stated that it just abrogates mutual agreements that have been in place regarding the return trips when a taxicab takes somebody into D.C., they should be able to return someone back to Virginia. In addition, we would have some severe impacts on some handicapped children who go to school in D.C. The cabs who take them there wouldn't necessarily be able to return to get them in the afternoon, but a D.C. cab would have to bring them back.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, at 4:35 p.m., the Public Hearing Meeting of Saturday, October 14, 1995, was adjourned. The voting was as follows:

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


APPROVED BY:


___________________________________ PATRICIA S. TICER MAYOR





ATTEST:



_______________________________
Beverly I. Jett, CMC City Clerk







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This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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Original Author: Anonymous
Date Entered: 12/27/1996 02:00:46 PM


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