Meeting Minutes for Special Public Hearing Meeting (06/15/1996)

Special Public Hearing Meeting
Saturday, June 15, 1996 - - 8:30 am
[in lieu of the Regular Public Hearing at 9:30 a.m.]

* * * * *

Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, Lonnie C. Rich, David G. Speck and Lois L. Walker.

Absent: Councilman William D. Euille.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Boyd, Director of Citizen Assistance; 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. Gitajn, Director of Financial and Information Technology Services; Mr. Neckel, Director of Finance; Mr. Brannan, Assistant City Manager; Mrs. Godwin, Director of Management and Budget; Mr. Sanderson; Director of Real Estate Assessments; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Ms. Johnson, Division Chief, Planning and Zoning; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Fire Chief Hawkins; and Lieutenant Kaluta, Police Department.

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

(It was noted that a Notice of this special meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice Certified by each Member of Council being on file in the Office of the City Clerk and Clerk of Council.)

OPENING

The Meeting was called to Order by Mayor Donley and the City Clerk called the Roll; all Members of City Council were present except Councilman Euille.

Public Discussion Period

(a) Donald E. West, 414 South St. Asaph Street, spoke to the current dog ordinance. He suggested that the City should stop writing warning tickets and issue a citation the first time without a leash for a $50 fine; second violation within a twelve-month period issue a $100 fine; the third fine should be $250; and the fourth time they should go to court; have more enforcement people out on the streets; initiate the hours from 6:00 p.m. to Midnight; and institute a leash law which would limit the number of footage on the leash.

Mayor Donley requested that staff examine Mr. West's recommendations over the summer, in consultation with the Animal Welfare League, and that Mr. West be involved in some of those discussions. Mayor Donley asked, as part of their consideration, that they take a look at the number of citations issued before we changed it to a civil penalty, possibly some examinations of what other jurisdictions are doing, particularly in this region, either on length of leash or on the amount of fines. Staff was requested to report back at the First Legislative Meeting in September.

(b) John C. Belshe' , 600 South Royal Street, representing Friends of Jones Point, gave a chronology of events concerning the Woodrow Wilson Bridge and requested a formal hearing opposing the two Woodrow Wilson Bridge alternatives being considered;

(c) Hollis Wickman, 822 Green Street, representing the Old Town/Hunting Creek Civic Association, spoke against the current Woodrow Wilson Bridge replacement options, and requested a public hearing to develop strategies that will remove the current alternatives from further consideration;

(d) Ben Brown, 806 South Lee Street, representing the All Tunnel Alliance, supports the position of City Council and strongly opposes the high bridge;

(e) Jonas Neihardt, 725 South Pitt Street, representing Old Town Civic Association, agreed with most that had already been said and stated that Alexandria should boycott the meeting being held next Tuesday by the coordinating committee;

(f) Sarita Schotta, 104 Prince Street, representing the Waterfront Alliance, spoke against the proposed high bridge and in support of the recent Old Town Civic Association resolution, and suggested that the City use the same resources that it used to defeat the stadium;

(g) Robert Carr, 1200 South Washington Street, spoke against the loss of affordable housing with the proposed Woodrow Wilson Bridge alternatives, to the misconceptions out there, and in support of a public hearing;

(h) John H. Sullivan, 4300 Ivanhoe Place, representing Seminary Hill Association, stated that the Executive Committee voted to support the simple rebuild, plus two lanes position;

(i) Tom Waters, 317 East Windsor Avenue, spoke against a proposed group home at 520-522 East Windsor Avenue;

(j) David M. Fromm, 2307 East Randolph Avenue, spoke against the proposed group home;

(k) David Congar, 513 East Windsor Avenue, spoke against the proposed group home;

(l) Dorrel Edstrand, 515 East Howell Avenue, spoke against the proposed group home;

(m) Amy Slack, 2306 East Randolph Avenue, spoke against the proposed group home;

(n) Olivia Hamilton, 113 East Custis Avenue, representing Del Ray Citizen Association, spoke against the proposed group home;

(o) Michael J. Brown, 18 East Custis Avenue, spoke against the proposed group home;

(p) McNair Bishop, 405 East Windsor Avenue, spoke against the proposed group home;

(q) Susan Hyre, 319 East Windsor Avenue, spoke against the proposed group home;

(r) Larry Campbell, 207 East Windsor Avenue, spoke against the proposed group home;

(s) Kathleen Ancorn, 417 East Custis Avenue, spoke against the proposed group home; and

(t) Leslie J. Lumpkin, 404 East Windsor Avenue, spoke against the proposed group home;

It was the sense of Council that it would prefer that this project not proceed until you are able to work out issues satisfactory to the neighborhood.

Mayor Donley stated that in the coming months we are going to work, at the staff level, with Members of the Board about notification, trying to balance a somewhat slippery slope, talk about funding issues, and fair share, and possibly we would ask the Community Services Board to hold public hearings to discuss some of these issues. He also encouraged Del Ray to put forward an application to serve on the Community Services Board.

(A copy of a partial verbatim of the Council discussion relating to the Community Services Board is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2; 6/15/96, and is incorporated herewith as part of this record by reference.)

(u) Julie Crenshaw, 816 Queen Street, representing the Sierra Club, spoke to land use issues and suggested having a meeting to discuss the erosion of the City;

(v) John Chapman Gager spoke during this period; and

(w) Lillie Finklea, 1210 Franklin Street, representing the Southwest Quadrant Association, spoke against a twelve-lane or ten-lane structure for the Woodrow Wilson crossing, and only supported what can be built within the existing structure. Their biggest concern is the interchanges between Telegraph Road and Route 1.

ORDINANCES AND RESOLUTIONS

3. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to increase the tax levied on cigarettes sold in the City from $0.25 to $0.30 per pack. (#22 6/11/96)

(A copy of the City Manager's memorandum dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 3; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

John Chapman Gager spoke.)

WHEREUPON, upon motion by Vice Mayor 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" Cleveland "aye"
Walker "aye" Euille absent
Donley "aye" Rich out of room
Speck "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 3869

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

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-102 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-102 Levy and rate.

In addition to all other taxes of every kind now or hereinafter imposed by law, there is hereby levied and imposed by the city, upon every person who sells or uses cigarettes within the city, an excise tax equivalent to $0.30 for each package containing 20 cigarettes, and 15 mills for each cigarette contained in packages of fewer or more than 20 cigarettes, sold or used within the city. The tax shall be paid and collected in the manner and at the time hereinafter prescribed; provided, that the tax payable for each cigarette or cigarette package sold or used within the city shall be paid but once. The tax hereby levied shall not apply to free distribution of sample cigarettes in packages containing five or fewer cigarettes.

Section 2. That this ordinance shall become effective on July 1, 1996.

KERRY J. DONLEY
Mayor

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 5/12/96; 5/13/96
Public Hearing: 6/15/96
Second Reading: 6/15/96
Final Passage: 6/15/96

4. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City's business license tax, also known as the Business Professional and Occupational License Tax, to expand the exemption from this tax to businesses with less than $100,000 in gross receipts and to impose an annual fee of $50 on all businesses exempted from the tax which have gross receipts in excess of $10,000. (#23 6/11/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 31, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Mantill Williams, 801 North Fairfax Street, Suite 402, representing the Alexandria Chamber of Commerce, spoke in support, a copy of Mr. Williams' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item.)

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3870

AN ORDINANCE to amend and reordain Sections 9-1-11 (EXEMPTIONS), 9-1-20 (PRORATION), 9-1-21 (REFUNDS), 9-1-23 (REGULATORY COMPLIANCE) and 9-1-24 (FLAT TAX OF $30 ON BUSINESSES WITH GROSS RECEIPTS OF LESS THAN $50,000), and to add a new Section 9-1-46 (INTEREST ON LATE PAYMENTS AND REFUNDS) of Article A (GENERAL PROVISIONS), and to amend and reordain Sections 9-1-71 (PROFESSIONAL SERVICES), 9-1-71.1 (FINANCIAL SERVICES), 9-1-72 (REPAIR, PERSONAL AND BUSINESS SERVICES), 9-1-75 (RETAIL MERCHANTS), 9-1-78 (WHOLESALE MERCHANTS), 9-1-79 (CONTRACTORS AND CONTRACTING), 9-1-82 (AMUSEMENTS), 9-1-87 (SOLICITING AGENTS FOR SALE OF GOODS, ETC.) and 9-1-88 (RENTING BY OWNERS OF DWELLING UNITS OR COMMERCIAL ESTABLISHMENTS) of Article C (LICENSES BASED ON GROSS RECEIPTS), all of Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sections 9-1-11, 9-1-20, 9-1-21, 9-1-23 and 9-1-24 of Article A, Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, be, and the same hereby are, amended and reordained to read as follows:

Sec. 9-1-11 Exemptions.

(a) Notwithstanding any provision of this chapter to the contrary, the license tax levied in accordance with this chapter shall not be imposed upon the following businesses:

(1) those exempt from the license tax under section 58.1-3703(B) of the Code of Virginia (1950), as amended;

(2) except as otherwise provided in subsection (c) of this section, those owned by charitable nonprofit organizations which, for the purposes of this subsection are organizations qualified by the Internal Revenue Service under Internal Revenue Code §501(c);

(3) those engaged in research and development; and

(4) those with gross receipts totaling less than $10,000 for the entire tax year.

(b) Any bona fide religious, charitable, benevolent or civic organization, or any group of responsible citizens of the city, desiring to hold a dance where an admission fee is required or where a charge is made for dancing, to hold a breakfast, lunch, dinner or supper for which a charge is made or to hold a rummage sale or bake sale, may through a member representative apply to the director for exemption from taxes under this chapter. After such proof as may be necessary, and upon being satisfied as to the character and nature of the applicant and the event, the director shall exempt the applicant from the license requirement and license tax otherwise imposed, so long as all of the fees or proceeds from the event are devoted to and used for bona fide religious, charitable or benevolent purposes, or, in the case of a dance, breakfast, lunch, dinner or supper, no profit is expected.

(c) The exemption granted by subsection (a)(2) shall not apply to any business owned or operated by a charitable nonprofit organization, the conduct of which is not substantially related to the exercise or performance of the organization's charitable, educational, or other purpose or function constituting the basis for its exemption. The determination of whether a business is substantially related to the exempt purpose or function of a charitable nonprofit organization shall be based solely on the relationship of the business activities to the exempt purpose or function, and the fact that revenue derived from the business may be used for an exempt purpose shall not be considered.

(d) The director shall determine whether a business is exempt under the provisions of this section and whether any portion of the gross receipts of an otherwise exempt entity is not exempt under subsection (c).

(e) The provisions of this section shall not relieve any person of the duty to comply with section 9-1-5.

Sec. 9-1-20 Proration.

(a) Except as otherwise specifically provided, all license taxes imposed under the provisions of this chapter which are not based on gross receipts shall be prorated as follows: on licenses issued between April 1 and June 30 of a year, the amount of tax shall be three-fourths of the annual tax on the licensee; on licenses issued between July 1 and September 30, the amount of tax shall be one-half of the annual tax on the licensee; and on licenses issued on and after October 1, the license tax shall be one-fourth of the annual tax.

(b) There shall be no prorating of any license tax of $50.00 or less.

Sec. 9-1-21 Proration of tax where there is a cessation of business.
(a) Any person who has paid a license tax to the city but has permanently ceased to conduct the business to which such tax relates may apply to the director for a proration of such tax. The director shall prorate, on a monthly basis, the license for those months during which the person conducted the business in question, and remit to the person the difference between the tax paid and the prorated amount, unless the tax paid was based on estimated gross receipts and the business' actual gross receipts prior to its cessation were in excess of the estimate, in which case the director shall assess the licensee in accordance with section 9-1-18. Such proration will be done only for taxes based on gross receipts.

(b) In no event shall the license tax levied on a person who has permanently ceased to conduct business in the city, for the year in which the person has ceased conducting the business, be less than the minimum tax of $50 prescribed by section 9-1-24.

(c) Application for a refund must be made within three years from the last day of the license year in which the licensee permanently ceased to conduct a business in the city.

(d) Following receipt of an application for a refund, the director shall remit to the licensee any refund which is due, less any other taxes then due and owing to the city by the licensee.

Sec. 9-1-23 Regulatory compliance.

The director shall not issue an initial license for any business at a particular location until necessary certifications from relevant city regulatory authorities are received, including, but not limited to, a certification from the fire chief that the building in which the business is to locate is in compliance with all applicable building code regulations, a certification from the director of planning and zoning that the activity to be licensed is permitted by the City of Alexandria Zoning Ordinance to occur at the place where the business is to locate, and, in the case of persons intending to operate as pawnbrokers or antiques dealers, a certification from the chief of police that all licenses and permits required by this code have been obtained.

Sec. 9-1-24 Flat tax of $50 on businesses with gross receipts of less than $100,000.

A license tax of $50 shall be levied on any business identified in article C of this chapter whose annual gross receipts with situs in the city, under section 9-1-7, are less than $100,000, unless the business is exempt from any license tax pursuant to this chapter. The $50 tax shall be levied without regard to the license tax as measured by the licensee's gross receipts.

Section 2. That Article A of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to add thereto a new section 9-1-46 to read as follows:

Sec. 9-1-46 Interest on late payments and refunds.

(a) Interest shall be charged at the rate of 10 percent per year on late payments of the license tax from the thirty-first day following the date payment was due until the date payment is made without regard to fault or other reason for the lateness of the payment.

(b) Whenever an assessment of additional or omitted tax by the director is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded.

(c) Interest shall be paid at the rate of 10 percent per year on the refund of any license tax, whether attributable to an amended return or other reason. Interest on refunds shall not begin to accrue until thirty days have passed from the date of payment or the due date, whichever is later.

Section 3. That Sections 9-1-71, 9-1-71.1, 9-1-72, 9-1-75, 9-1-78, 9-1-79, 9-1-82, 9-1-87 and 9-1-88 of Article C, Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, be, and the same hereby are, amended and reordained to read as follows:

Sec. 9-1-71 Professional services.

Every person who conducts or operates a business that provides professional services in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $50 or, if the business' annual gross receipts with situs in the city equal or exceed $100,000, $0. 58 per $100 of all the business' gross receipts with such situs.

Sec. 9-1-71.1 Financial services.

Every person conducting or operating a business that provides financial services in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $50 or, if the business' annual gross receipts with situs in the city equal or exceed $100,000, $0.35 per $100 of all the business' gross receipts with such situs.

Sec. 9-1-72 Repair, personal and business services.

(a) Every person who conducts or operates a business that provides repair, personal and business services in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $50 or, if the business' annual gross receipts with situs in the city equal or exceed $100,000, $0.35 per $100 of all the business' gross receipts with such situs.

Sec. 9-1-75 Retail merchants.

(a) Every person who engages in or conducts the business of a retail merchant in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $50 or, if the business' annual gross receipts with situs in the city equal or exceed $100,000, $0.20 per $100 of all the business' gross receipts with such situs.

(b) The license tax provided for in this section shall be in addition to the alcoholic beverage license tax required under any other sections of this chapter.

(c) Any person or organization who sponsors a show or sale of goods,wares and merchandise at retail and not for resale shall obtain a license under this section for such show or sale, and shall pay for the privilege of conducting the show or sale a license tax of $50 and, upon the termination of the show or sale, $0.20 per $100 of the gross receipts of the show or sale in excess of $15,000; provided, that no license shall be issued for a period longer than one year.

Sec. 9-1-78 Wholesale merchants.

Every person who engages in or conducts the business of a wholesale merchant in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $50 or, if the business, annual gross receipts with situs in the city equal or exceed $100,000, $0.05 for each $100 of all the business' gross receipts with such situs, whichever amount is greater.

Sec. 9-1-79 Contractors and contracting.

(a) Every person who maintains a definite place of business in the city and engages in the business of a contractor shall pay for the privilege of doing so an annual license tax of $50 or, if the business' annual gross receipts with situs in the city equal or exceed $100,000, $0.16 for each $100 of all the business' gross receipts with such situs.

(b) Notwithstanding any contrary provision of this chapter, (i) every person who engages in the business of a contractor in the city, who maintains a definite place of business in the state, but not in the city, shall not be liable for any license tax under this section, unless the gross receipts received in any year by such person from the business conducted in the city exceed $25,000, in which event the person shall pay the city a license tax of $0.16 for each $100 of such gross receipts; and (ii) every person who engages in the business of a contractor in the city, and who does not maintain a definite place of business in the state, shall pay for the privilege of conducting such business or occupation in the city an annual license tax of $50 or $0.16 for each $100 of gross receipts from business conducted in the city, whichever amount is greater.

(c) Orders and contracts covering more than one calendar year may be prorated to allow the gross amount or any portion thereof of any such order or contract to be used only once as a basis for determining the amount of the annual license tax to be paid pursuant to this section.

(d) The provisions of this section shall not relieve a person who engages in the business of a contractor in the city of any duty to register as a contractor with the city or the state before engaging in such business in the city, as may be required by other law.

Sec. 9-1-82 Amusements.

Every person who conducts or operates a business that provides amusements in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $50 or, if the business' annual gross receipts with situs in the city equal or exceed $100,000, $0.36 per $100 of all the business' gross receipts with such situs.

Sec. 9-1-87 Soliciting agents for sale of goods, etc.

(a) Every person who engages in or conducts business in the city as a soliciting agent or solicits orders in the city for goods, wares and merchandise, services, business services, repair services and the like, and who is not otherwise in this chapter taxed, shall pay for the privilege of doing so an annual license tax of $50 or, if the annual gross receipts derived from such activities equal or exceed $100,000, $0.20 per $100 of all the gross receipts from such activities.

(b) Any person engaged solely in the manufacture and sale of his own manufactured goods, wares and merchandise, and who maintains no place of business in the city other than for the solicitation of orders for his manufactured products, and who sells only to licensed jobbers and not to retailers or consumers, and who makes delivery to jobbers from his manufactured goods, wares and merchandise that are regularly stored in the city, shall be licensed and pay a tax under the provisions of this section.

Sec. 9-1-88 Renting by owners of dwelling units or commercial establishments.

(a) Except as provided in subsection (b), every person who, as principal, engages in or conducts the business of renting one or more dwelling units, including houses and apartments, located within the city shall pay for the privilege of doing so an annual license tax of $50 or, if the annual gross receipts derived from such activities equal or exceed $100,000, $0.50 of each $100 of all the gross receipts from such activities.

(b) Persons engaged in the business of renting dwelling units shall not come within the provisions of this section and the tax levied, unless they are engaged in the business of renting more than four separate dwelling units.

(c) The term "business of renting houses and apartments," as used in this section, means the rental of dwelling units, whether located in a single-family, two-family, multifamily, condominium or other residential building, but shall not include the rental of living units in hotels, motels, tourist homes or boarding and rooming houses.

(d) The term "dwelling unit", for the purpose of this section, means one or more rooms designed for or intended for the occupancy of one family for living purposes and having cooking facilities.

(e) Every person who, as principal, engages in or conducts the business of renting commercial property located within the city shall pay for the privilege of doing so an annual license tax of $50 or, if the annual gross receipts derived from such activities equal or exceed $100,000, $0.35 for each $100 of all the gross receipts from such activities.

Section 4. That this ordinance shall become effective on January 1, 1997.

KERRY J. DONLEY
Mayor

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 6/12/96; 6/13/96
Public Hearing: 6/15/96
Second Reading: 6/15/96
Final Passage: 6/15/96

5. Public Hearing, Second Reading and Final Passage AN ORDINANCE to amend the provisions of the City Code regarding City motor vehicle decals and residential parking district permits in the following manner: (1) effective July 1, 1997, to change the date by which City residents must purchase vehicle decals and residential parking district permits from May 1 to October 5, in order to bring the City's due date into conformity with the date used in other Northern Virginia jurisdictions; (2) to provide that all motor vehicle decals issued for the period starting May 1, 1997, shall run only until November 15, 1997, and that the fee for such decals shall be $12.50; (3) to provide that all residential parking district permits issued for the period starting May 1, 1997, shall run only until November 15, 1997, and that the fee for such permits shall be $7.50 for the first car, $10 for a second car and $25 for each additional car; (4) in accord with Northern Virginia regional compact, to impose a $5 transfer fee when an individual moves from one participating Northern Virginia jurisdiction to the City, and to discontinue the practice of reducing, on a pro-rata basis, the motor vehicle decal fee when a vehicle is sold, traded in or permanently removed from City; (5) to eliminate the $1 service fee imposed on non-resident military personnel for issuance of a motor vehicle decal, in order to bring the City's treatment of non-resident military personnel into conformity with the practice of other Northern Virginia jurisdictions; and (6) to alter the manner in which the decal fee for leased passenger vehicles is calculated so that the fee matches the decal fee charged for non-leased passenger vehicles. (#24 6/11/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 31, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper 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:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3871

AN ORDINANCE to amend The Code of the City of Alexandria, Virginia, 1981, as amended as follows: (A) to amend and reordain Sections 3-2-226 (SAME--PRORATION) and 3-2-229 (DUTY OF TAXPAYER TO FILE RETURN; PENALTY ASSESSMENT; ESTIMATES) and to repeal Section 3-2-228 (DISTRIBUTION OF TAX FORMS; FAILURE OF DIRECTOR OF FINANCE TO MAIL OR DELIVER FORMS NOT TO AFFECT TAXPAYER'S DUTY), all of Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT); (B) to amend and reordain Sections 3-2-321 (LICENSE TAX LEVIED), 3-2-322 (EXEMPT VEHICLES TO OBTAIN LICENSE; SERVICE CHARGE IMPOSED), 3-2-323 (WHEN TAX PAYABLE; APPLICATION; ISSUANCE), 3-2-324 (USE OF LICENSE PLATES WINDSHIELD TAGS OR DECALS BEFORE LICENSE YEAR), 3-2-327 (TAX ON VEHICLES USED FOR TRANSPORTATION OF PASSENGERS--SCHEDULE), 3-2-329 (TAX ON VEHICLES NOT DESIGNED OR USED FOR TRANSPORTATION OF PASSENGERS), 3-2-331 (COMBINATION OF TRACTOR-TRUCKS AND SEMITRAILERS), 3-2-333 (REPLACEMENT OF LOST PLATES, TAGS AND DECALS), 3-2-334 (PRORATION OF LICENSE TAX) , 3-2-336 (OFFENSES RELATING TO CITY LICENSE PLATE, WINDSHIELD TAG AND DECAL), to repeal Sections 3-2-328 (SAME--SMALL RENTED VEHICLES JOINTLY OWNED) and 3-2-335 (REFUND FOR UNUSED PORTION OF FEE PAID), all of Article R (LICENSE TAX ON MOTOR VEHICLES, TRAILERS AND SEMITRAILERS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT); (C) to amend and reordain Section 3-2-354 (PENALTIES FOR UNCONTESTED CITATIONS) of Article S (PAYMENT, CONTEST AND ENFORCEMENT OF PARKING CITATIONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT); (D) to amend and reordain Section 5-8-74 (PARKING PERMITS; ISSUANCE) of Article F (PERMIT PARKING DISTRICTS), Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES); and (E) to add a new Section 10-4-37.1 (ENFORCEMENT OF THE NORTHERN VIRGINIA MOTOR VEHICLE LICENSE COMPACT) of Chapter 4 (STOPPING, STANDING AND PARKING) , Title 10 (MOTOR VEHICLES AND TRAFFIC); all of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article M of Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by repealing Section 3-2-228.

Section 2. That Sections 3-2-226 and 3-2-229 of Article M, Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, amended and reordained to read as follows:

Sec. 3-2-226 Same--proration.

(a) (1) On any motor vehicle, boat or trailer which becomes owned or held by a resident or citizen of the city or located within the territorial boundaries of the city or otherwise acquires a situs for taxation in the city after January 1 of any tax year, and on any motor vehicle, boat or trailer which ceases to be so owned, held or located or to otherwise have a situs for taxation in the city on or after January 1 of any given tax year, the assessed value shall be prorated based upon the portion of the tax year during which the property was subject to taxation, and the applicable tax rate shall be applied to the prorated assessed value in accordance with the following schedule:

Months Property Percentage of
Subject to Taxation Assessed Value Taxes

12 100.00

For the purposes of proration, a period of more than one-half of a month shall be counted as a full month and a period of less than one-half of a month shall not be counted.

(2) Notwithstanding any provisions of this subsection to the contrary, any person applying for a reassessment under this subsection on the basis that he ceased to be a resident or citizen of the city on or after the first day of January shall be entitled to such reassessment prorated on a monthly basis upon furnishing the director of finance satisfactory evidence in support of such reassessment.

(b) If any motor vehicle, boat or trailer which has been assessed for taxation by the city ceases to be owned or held by a resident or citizen of the city, or to otherwise have a situs in the city, on or after January 1 of any given year, then the owner of such property, if he wishes proration, must apply to the director for such proration within three years from December 31 of that given year, and the director shall then reassess such property as provided in subsection (a) of this section.

(c) If the person applying for reassessment on a motor vehicle, boat or trailer under subsection (b) of this section has paid the personal property tax for the year, or the applicable portion thereof, on the motor vehicle, boat or trailer, the city shall either (i) refund to him the amount of tax paid on the assessed value of the property which is in excess of the tax on the reassessed value, or (ii) credit the excess amount against any other tax liability of the person arising under the provisions of this article. If the tax on the property has not been paid as of the date the property is reassessed, the owner of the property shall pay the tax levied by this section on the reassessed value.

Sec. 3-2-229 Duty of taxpayer to file return; penalty assessment;

estimates.

(a) Each year the director shall prepare a form upon which persons assessable with city taxes on tangible personal property or machinery and tools shall list all such property for return to the director for taxation. The director shall make this form available to taxpayers in his office or otherwise, as he may see fit. In this section, this form is referred to as the "return."

(b) Every person assessable with city taxes on tangible personal property (except motor vehicles) or machinery and tools shall file with the director on or before May 1 of each year a return which lists all such property. However, for every mobile home, boat and trailer which acquires a tax situs in the city after January 1 of a tax year, the person assessable with personal property taxes on such property shall file with the director a return which lists the property within 30 days of the day on which the property acquires such situs, or within an extended period not to exceed an additional 90 days if granted by the director as provided by law, and shall file an annual return listing the property by May 1 of each year subsequent to the year in which the property acquires situs in the city.

(c) (1) Every person assessable with city taxes on a motor vehicle shall file with the director a return which lists the vehicle within 30 days, or within an extended period not to exceed an additional 90 days if granted by the director as provided by law, of any of the following: (i) the vehicle's first being located in the city or otherwise acquiring a tax situs in the city; (ii) the person becoming the owner or lessee of the vehicle; (iii) a change in the name or address of the person; or (iv) the occurrence of any other event affecting the assessment of personal property taxes on the vehicle. The requirement to file a return under this subsection (c) (1) shall apply whether or not a return on the vehicle has been previously filed with the director.

(2) Every owner of a motor vehicle who has filed with the director a return which lists the vehicle shall not be required to file another return listing the same vehicle, unless required to do so under subsection (c)(1). In any year in which a return on a vehicle for which a return has previously been filed is not filed with the director, the vehicle's personal property assessment shall be based upon the most recently filed return which lists the vehicle.

(d) Whenever a return required by this section to be filed with the director is not timely filed, the director shall assess a penalty of $10 or 10 percent of the amount of tax assessable on the property in question, whichever is greater; provided, that the penalty may not exceed the amount of the tax. Such penalty when so assessed shall become a part of the tax and shall be collected in the same manner as is provided by law for the collection of taxes.

(e) (1) In the event a return that is required by this section to be filed with the director is not timely filed, the director shall, from the best information available, make an estimate of the tangible personal property or machinery and tools for which a return was required and of its fair market value, and shall assess personal property taxes against the owner of the property based on this estimated value.

(2) The director shall have authority to assess penalties as provided in subsection (d) based upon these estimates, and such penalties shall be collected in the same manner as is provided by law for the collection of taxes.

(f) Every person who leases tangible personal property or machinery and tools that is assessable with city taxes, including motor vehicles (other than rented motor vehicles which are subject to the tax imposed under section 58.1-2402 of the Code of Virginia (1950), as amended), boats and trailers and mobile homes, shall with respect to such property comply with all the provisions of this section as if the person were the owner of the property. Any return required by this subsection to be filed with the director shall show thereon the names and addresses of the owners of any property listed thereon.

Section 3. That Article R of Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by repealing Sections 3-2-328 and 3-2-335.
Section 4. That Sections 3-2-321 through 3-2-324, 3-2-327, 3-2-329 through 3-2-331, 3-2-333, 3-2-334 and 3-2-336 of Article R, Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, amended and reordained to read as follows:

Sec. 3-2-321 License required; license tax levied and billed.

A license is required each year for every motor vehicle, trailer and semitrailer which is normally garaged, stored or parked within the city, and a license tax is imposed each year on every such motor vehicle, trailer and semitrailer for the period from October 5 to the following October 4. Such license tax shall be at the rate set forth in sections 3-2-327 through 3-2-331, and shall be for the purpose of providing revenue for the general fund of the city except such portions thereof as are required by section 46.2-753 of the Code of Virginia (1950), as amended, to be allocated to the Northern Virginia Transportation Commission. Nothing in this section shall be construed as imposing a license tax on any vehicle not required to be licensed by section 46.2-663 et seq., Code of Virginia (1950), as amended, any vehicle exempted by section 46.2-755, Code of Virginia (1950), as amended, or any vehicle exempted by the Soldiers' and Sailors' Civil Relief Act, 50 U.S.C. App. section 501 et seq. The license tax imposed herein will be billed to taxpayers at the same time as the personal property tax on motor vehicles, imposed pursuant to section 3-2-221 et seq. of this code, and the two taxes will be imposed in a single combined bill. If any portion of the combined bill is not paid timely, late payment penalty and interest charges shall apply to the balance.

Sec. 3-2-322 Exempt vehicles to obtain license.

Any motor vehicle, trailer or semitrailer exempted from taxation solely by reason of the Soldiers' and Sailors' Civil Relief Act, 50 U.S.C. App. section 501 et seq., shall be issued a license in the same manner as if it were not so exempt. Application for the license shall be made in the manner prescribed by section 3-2-323 of this code. There shall be no charge for the issuance of any such license.

Sec. 3-2-323 Application for and issuance of license; when tax payable.

(a) Application for the license prescribed by this article shall be made each year not later than October 5 and not earlier than August 15 on forms prepared by the director. The license tax covered by section 3-2-321 of this code shall be due and payable to the director not later than October 5 of each license tax year and may not be paid earlier than August 15. Upon payment of the license tax, the director of finance shall issue to the applicant an appropriate license plate or license windshield tag for such vehicle; except that decals made of reflective, waterproof material shall be issued for motorcycles, trailers and semitrailers. The license plate, tag or decal shall remain valid until November 15 of the following calendar year.

(b) At the time of application for the initial city licensing of a motor vehicle, trailer or semitrailer, the applicant shall present his state registration or other proof of ownership. Such initial application and payment of the appropriate license tax, which may be prorated pursuant to section 3-2-334 of this code, shall be made:

(1) upon registering and licensing any motor vehicle, trailer or semitrailer with the Virginia Division of Motor Vehicles when the registration for such a vehicle shows an address in the city;

(2) upon commencement of operation upon the streets of the city of any motor vehicle, trailer or semitrailer which has been in the city for a period of at least 30 days and which is registered and licensed by another state or by the Virginia Division of Motor Vehicles whose records show as an address elsewhere in Virginia; or

(3) upon commencement of operation upon the streets of the city of a motor vehicle, trailer or semitrailer from a place of business within the city, which vehicle is used in the conduct of any business or occupation within the city.
Sec. 3-2-324 License period; use of license plates, windshield tags or decals before license period.

The period during which a license plate, windshield tag or decal issued under this article is valid shall run from October 5 of a calendar year through November 15 of the subsequent calendar year. Nonetheless, a license plate, windshield tag or decal may be used without penalty on and after August 15 of the calendar year in which such license period begins. However, in no event shall any license plate, windshield tag or decal be used beyond November 15 of the license period for which it is issued.

Sec. 3-2-327 Tax on vehicles used for transportation of passengers.

(a) The annual license tax on motor vehicles, trailers and semitrailers designed and used for the transportation of passengers shall be as follows:

(1) $25 for a passenger car or motor home if such passenger car or motor home is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire.

(2) $0.30 per 100 pounds of weight or major fraction thereof for a private motor vehicle with a normal seating capacity of more than 10 adult persons, including the driver, if such private vehicle is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire; provided, that in no case shall the tax be less than $25.

(3) $0.30 per 100 pounds of weight or major fraction thereof for a private school bus; provided, that in no case shall the tax be less than $25.

(4) $20 for a trailer or semitrailer designed for use as living quarters for human beings.

(5) $20 for a taxicab and any other vehicle kept for rent or hire and operated with a chauffeur for the transportation of passengers, which operates or should operate under permits issued by the state corporation commission as required by law, and $25 for any such vehicle that weighs in excess of 4,000 pounds. This subsection does not apply to vehicles used as common carriers.

(6) $15 for a motorcycle with or without a sidecar.

(7) $20 for a bus used exclusively for transportation to and from Sunday school or church for the purpose of religious worship, and $25 for any such bus which, when empty, weighs in excess of 4,000 pounds.

(8) $10 in addition to $0.70 per 100 pounds of weight or major fraction thereof for other passenger-carrying vehicles.

(b) The license tax for passenger vehicles owned by members of the Virginia National Guard shall be one-half of the license tax prescribed in this section, upon presentation of evidence by the registered owners that special Virginia National Guard license plates have been issued to the vehicles as provided in section 46.2-744 of the Code of Virginia (1950), as amended.

Sec. 3-2-329 Tax on vehicles not designed or used for transportation of passengers.

(a) The annual license tax on all motor vehicles, trailers and semitrailers not designed and used for the transportation of passengers shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to maximum capacity for which it is registered and licensed, according to the following schedule:

Gross Weight Groups Tax

(Pounds)

(b) The license tax for pickup trucks and panel trucks owned by members of the Virginia National Guard shall be one-half of the license tax prescribed in this section, upon presentation of evidence by registered owners that special Virginia National Guard license plates have been issued to the vehicles as provided in section 46.2-744 of the Code of Virginia (1950), as amended.

Sec. 3-2-330 Tax on certain trailers.

The annual license tax on a one or two wheel trailer of a cradle, flat bed or open pickup type, with a body length of not more than nine feet and a width not greater than the width of the motor vehicle to which it is attached at any time of operation, which is to be attached to the owner's own motor vehicle and used only for carrying property belonging to the owner of such trailer, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having an actual gross vehicle weight not exceeding 5,000 pounds, and which is used for carrying property not exceeding 1,000 pounds at any time, and the annual license tax on a trailer having a body length of not more than 16 feet which is designed and used exclusively for carrying boats, shall be $6.50. Nothing herein shall be construed as applying to the license taxes for trailers or semitrailers designed for use as living quarters for human beings or to those trailers or semitrailers operated under lease or rental agreement or operated for compensation.

Sec. 3-2-331 Combination of tractor-trucks and semitrailers.

(a) In the case of a combination of a tractor-truck and a semitrailer, each vehicle constituting a part of such combination shall be registered as a separate vehicle, and separate vehicle license plates shall be issued therefor, but, for the purpose of determining the gross weight group into which any such vehicle constitutes a part, shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight group. The tax for license plates for a semitrailer constituting a part of such combination shall be $25.

(b) In determining the tax to be paid for the license plates for a tractor-truck constituting a part of such combination the tax shall be assessed at the total weight and the tax per 1,000 pounds applicable to the gross weight of the combination when loaded to the maximum capacity for which it is registered and licensed. However, there shall be no deduction from this tax for the tax of the semitrailer in combination.

Sec. 3-2-333 Replacement of lost plates, tags and decals.

Any person losing his original license plate, license windshield tag or decal issued as provided in section 3-2-325 of this article may secure a new license plate, license windshield tag or decal by making affidavit to the director of finance that the original license plate, license windshield tag or decal has been lost and the police department notified and by paying a fee of $1 to the director of finance.

Sec. 3-2-334 Proration of license tax.

(a) Three-quarters of the annual license tax prescribed by sections 3-2-327 through 3-2-331 of this article shall be collected whenever any license plate, license windshield tag or decal is issued between January 1 and March 31 of a license period, one-half of such license tax shall be collected whenever any license plate, license windshield tag or decal is issued between April 1 and June 30 in any license period, and one-fourth of such license tax shall be collected whenever any license plate, license windshield tag or decal is issued after July 1 of a license period; provided, that the minimum prorated tax shall be $1.

(b) Notwithstanding the provisions of subsection (a), if a license tax has been paid for a license period to the county of Arlington, Fairfax or Loudoun or the city of Fairfax or Falls Church, jurisdictions which are participating in the Northern Virginia Local Motor Vehicle License Compact, and the vehicle relocates to the city during the period, the owner may obtain a city decal for the current license period by completing the forms prescribed by the director of finance and presenting the state vehicle registration and pieces of the previously issued license decal, accompanied by a fee of $5.

Sec. 3-2-336 Offenses relating to license plate, windshield tag and decal.

(a) No person shall:

(1) operate or permit a motor vehicle, trailer or semitrailer, controlled by him and subject to this article, to be operated or parked at any location in the city without first procuring and displaying the required city license plate, license windshield tag or decal or, if applicable, the license plate, license windshield tag or decal required by the county of Fairfax, Arlington or Loudoun or the city of Fairfax or Falls Church, pursuant to the Northern Virginia Local Motor Vehicle License Compact and section 10-4-37.1 of this code;

(2) display, cause or permit to be displayed, or have in his possession, any license receipt or city license plate, license windshield tag or decal, knowing the same to be fictitious or to have been altered;

(3) lend or knowingly permit the use, by one not entitled thereto, of Any city license plate, license windshield tag or decal;

(4) use a false or fictitious name or address on any application for a city license plate, license windshield tag or decal, or knowingly make a false statement of a material fact, conceal a material fact or otherwise commit a fraud in any such application;

(5) use any city license plate, license windshield tag or decal issued under this article on any vehicle other than the vehicle for which such license plate, license windshield tag or decal was issued or to which such license plate, license windshield tag or decal was transferred by the director of finance;

(6) fail to carry the license receipt for the vehicle which he operates; or

(7) display any city license plate, license windshield tag or decal after the expiration date of such license plate.

(b) Upon conviction of a violation of subsection (a)(1), (a)(2), (a)(3) , (a)(4), (a)(5) or (a)(7) of this section, a person shall be punished by a fine not exceeding $35; provided, that a violation of subsection (a)(1) , (a)(2) , (a)(5) or (a)(7), or of sections 10-4-37 and 10-4-37.1 of this code, shall not be discharged unless payment of the requisite fine is accompanied by satisfactory evidence that the required city license plate, windshield tag or decal has been obtained. Upon conviction of a violation of subsection (a) (6), a person shall be punished by a fine of not less than $1 and not more than $10; provided, that if a person charged with such a violation presents to the department of finance or to the court to which the person has been summoned a proper license receipt, the person shall be deemed to have complied with subsection (a)(6).

(c) Subsection (a) of this section may be enforced through the issuance of citations, summonses, parking tickets or uniform traffic summonses.

Section 5. That Section 3-2-354 of Article S, Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-354 Penalties for uncontested citations.

Any other provisions of this code to the contrary notwithstanding, the penalty for any of the following violations of this code shall, when the citation which was issued for the violation is uncontested, be as follows:

(a) If a payment is tendered to the director of finance within 30 calendar days from the date the citation was issued:

(1) $25 for a violation of section 10-4-1, "Stopping contrary to directions of police officers;"

(2) $35 for a violation of section 10-4-2, "Permitting vehicle to remain parked contrary to the directions of an official sign;"

(3) $25 for a violation of section 10-4-3, "Right to parking space;"

(4) $25 for a violation of section 10-4-4, "Stopping so as to obstruct traffic or on crossing;"

(5) $35 for a violation of section 10-4-5, "Double parking;"

(6) $35 for a violation of section 10-4-6, "Parking trucks or commercial vehicles in residential districts;"

(7) $25 for a violation of section 10-4-7, "Parking of vehicles by businesses on streets;"

(8) $25 for a violation of section 10-4-8, "Parking for more than 72 continuous hours;"

(9) $25 for a violation of section 10-4-9, "Parking trailers or recreational vehicles in residential districts;"

(10) $25 for a violation of section 10-4-10, "Parking on sidewalk;"

(11) $25 for a violation of section 10-4-11, "Parking in alleys or courts;"

(12) $35 for a violation of section 10-4-12, "Parking of vehicles on private property;"

(13) $25 for a violation of section 10-4-13, "Stopping for purpose of sale, repairs, etc.;"

(15) $25 for a violation of section 10-4-15, "Stopping for loading or unloading passengers or cargo generally;"

(16) $25 for a violation for section 10-4-16, "Permit for parking truck beside railroad car on public right-of-way;"

(17) $25 for a violation of section 10-4-17, "Angle parking for loading and unloading;"

(18) $35 for a violation of section 10-4-18, "Use of loading zones;"

(19) $125 for a violation of subsection (a) of section 10-4-19, "Parking in spaces reserved for handicapped persons-"

(20) $25 for a violation of section 10-4-22, "How meter and space to be used;"

(21) $25 for a violation of section 10-4-23, "Overtime parking;"
(22) $25 for a violation of section 10-4-24, "Depositing coin in meter for purpose of extending time;"

(23) $20 for a violation of section 10-4-25, "Permitting vehicle to remain parked at meter after expiration of time limit;"

(24) $35 for a violation of section 10-4-28, "Parking across lines designated parking space;"

(25) $25 for a violation of section 10-4-30, "Interfering with enforcement of chapter;"

(26) $25 for a violation of section 10-4-33, "Use of metered parking lots by vehicles other than private passenger automobiles;"

(27) $35 for a violation of section 10-4-34, "Parking illegally in permit parking district;"

(28) $35 for a violation of section 5-8-114, "Designation of parking spaces; parking across lines;"

(29) $35 for a violation of section 10-4-40, "Location of parked vehicles;"

(30) $35 for a violation of section 10-4-37, "Failure to procure and display city license plate, windshield tag or decal;"

(30A) $35 for a violation of section 10-4-37.1, "Enforcement of the Northern Virginia Local Motor Vehicle License Compact;"

(31) $35 for a violation of section 10-4-38, "Parking without display of current state inspection sticker or current state license plate;"

(32) $35 for a violation of section 10-4-39, "Temporary parking prohibited;"

(33) $25 for a violation of section 9-12-162, "Use of locations other than designated parking spaces by sight-seeing buses;"

(34) $25 for a violation of section 9-12-163, "Use of parking spaces designated for use by sight-seeing buses by other vehicles;"

(35) $25 for a violation of section 9-12-164, "Use of designated spaces by sight-seeing buses;"

(36) $35 for a violation of section 10-4-41, "Parking prohibited at certain locations;"
(37) $100 for a violation of section 10-4-42, "Parking prohibited near fire hydrant, etc.;"

(38) $25 for a violation of section 10-4-35, "Parking in two-hour parking zones in the central business district;"

(39) $25 for a violation of section 10-4-36, "Removal of chalk marks placed for enforcement purposes;"

(40) $35 for a violation of section 3-2-336, "Offenses relating to city license plate, windshield and decal."

(b) If payment is not tendered to the director of finance within 30 calendar days of the date the citation is issued, a penalty of $25 in addition to the penalty imposed by subsection (a) for the violation for which the citation was issued; provided, that, in the event the 30th calendar day from the date the citation is issued is a Saturday, Sunday or legal holiday, such additional penalty shall not be imposed if payment is tendered in the amount required by subsection (a) on the next succeeding business day; provided further, that if payment is remitted to the director of finance in a sealed envelope bearing a postmark on or before midnight of the 30th calendar day from the date the citation is issued, no such additional penalty shall be imposed; and provided further, that the director of finance may waive such additional penalty, even though payment has not been tendered or mailed within 30 calendar days of the date the citation was issued, whenever the owner of the vehicle identified in the citation establishes any of the following to the satisfaction of the director:

(i) that the owner did not find the citation at the time of its issuance on the owner's vehicle and only learned of the citation after the day on which it was issued, and has tendered the required payment within 30 days of first learning of the citation;

(ii) that within 30 days after the issuance of the citation or, if later, after first learning of the citation, the owner has made a written request to the director for information concerning the citation, and has tendered the required payment within 30 days of the director's response; or

(iii) that the owner was medically incapable of making the required payment within 30 calendar days of the date the citation was issued.

Section 6. That Section 5-8-74 of Article F, Chapter 8, Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-8-74 Parking permits; issuance.

The city manager shall, upon payment of the fee provided for by this article, issue permits to natural, but not corporate, persons who reside in a dwelling located within the boundaries of a permit parking district authorizing the parking of motor vehicles in such district for more than the consecutive hour limitation in effect in the district, as follows:

(1) to persons who reside in a permit parking district or to persons who both reside in a dwelling located on a block adjacent to an existing permit parking district where parking on said block is controlled by time limits set by official signs or metered parking and lack adequate alternative nearby parking facilities available to them, as determined by the city manager or her designee, one permit for each vehicle belonging to such persons for which the persons have paid all personal property taxes imposed thereon by the city and which displays a valid license windshield tag issued pursuant to the provisions of section 3-2-321 et seq. of this code. Such permits shall be valid from August 15 or, if later, the date of issuance through November 15 of the following year. Applicants for permits issued pursuant to this subsection shall provide proof of residence and, for each vehicle for which a permit is sought, a motor vehicle registration card issued by the division of motor vehicles and proof of payment of all personal property taxes and license taxes imposed thereon by the city. For permits issued to a person or renewed pursuant to this subsection, there shall be imposed a fee of $15 for the first vehicle, $20 for the second vehicle, and $50 for each additional vehicle. Any person who has been issued a permit for a vehicle pursuant to this subsection may obtain a replacement permit for use on another vehicle registered in such person's name, upon application on forms furnished by the city manager and presentation of the registration card for the vehicle for which the replacement permit is sought and pieces of the previously issued permit as proof that it was removed from the vehicle for which the fee was previously paid, accompanied by a fee of $1.

(2) to persons who are visitors at a residence within a permit parking district on the application of the resident, one permit for any vehicle used by such person during the visit, which permit shall be valid for a maximum of 30 days but shall not be renewed; provided, that permits may be issued to no more than two visitors to the same residence at the same time. A $5 fee shall be charged for any permit issued pursuant to this subsection for a period of more than seven days.

(3) to persons who are guests at a residence in a permit parking district on the application of the resident, one permit for any vehicle used by such person while a guest at the residence, which permit shall be valid for a date certain or portion thereof; provided that the number of permits issued under this subsection shall not at any time exceed 50 percent of the number of parking spaces in which they are valid; provided further, that no permit shall be issued under this subsection except upon a showing by the resident making application therefor that during the hours for which the permit is to be issued his residence will be used and occupied in a manner which is both lawful and not inconsistent with the residential character of the permit parking district in which it is located, and unless it shall be found that the issuance of the permit or permits will not unduly impair traffic safety during the time of their validity; provided further, that, notwithstanding any provision of this subsection to the contrary, up to 10 self-validating guest permits shall be issued in any calendar month for the guests of any residence located in a permit parking district upon the application of a person residing in the residence. Any permit issued pursuant to this subsection may be limited to certain streets or portions thereof in the permit parking district for which the permit is issued.

(4) to persons doing business with a resident of a permit parking district on the application of the resident, one permit for the vehicle used while doing business in the permit parking district; provided, that such permits may be issued to no more than three persons doing business at the same residence at the same time. No permit shall be issued pursuant to this subsection for a period longer than the time estimated by the resident to be required for completing the business transaction for which the permit is sought, and in no event shall any permit be valid for more than 30 days.

(5) whenever a holder of a permit issued under this section is no longer qualified to possess the permit, the permit shall be invalid and shall be returned to the director of finance.

Section 7. That Chapter 4 of Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new section 10-4-37.1 to read as follows:

Sec. 10-4-37.1 Enforcement of the Northern Virginia Local Motor Vehicle License Compact.

Pursuant to section 46.2-752(K) of the Code of Virginia (1950), as amended, and the Northern Virginia Local Motor Vehicle License Compact entered into by the city and the counties of Fairfax, Arlington and Loudoun and the cities of Fairfax and Falls Church ("Participating Jurisdictions"):

(a) It shall be unlawful for any person required by any Participating Jurisdiction to procure and display a local motor vehicle license to operate or park the unlicensed motor vehicle at any location in the city, without having procured the required license and displayed it upon the vehicle.

(b) Any vehicle exempt in all of the Participating Jurisdictions from imposition of the license tax under section 46.2-755(A) of the Code of Virginia (1950), as amended, is exempt from the provisions of this section.

(c) A violation of this section shall not be discharged unless payment of the requisite fine is accompanied by satisfactory evidence that the required license has been obtained.

Section 8. That the following transitional regulations, which are designed to govern and apply only in 1997 as the city moves from a May 1 through April 30 license period for motor vehicles, trailers and semitrailers to an October 5 through November 15 license period, are hereby enacted:

(1) There will be a one-time license tax transition period from May 1, 1997, to October 4, 1997.

(2) During the transition period, the license tax shall be due and payable not later than May 1, 1997, and may not be paid earlier than February 15, 1997.

(3) During the transition period, the license plate, license windshield tag or decal that is issued by the director of finance evidencing payment of the license tax may be used without penalty on or after February 15, 1997, and shall be valid until November 15, 1997.

(4) During the transition period, the license tax on motor vehicles, trailers and semitrailers designed and used for the transportation of passengers shall be one-half of the license tax prescribed in section 3-2-327 of The Code of the City of Alexandria, Virginia, 1981, as amended.

(5) During the transition period, the license tax on motor vehicles, trailers or semitrailers not designed and used for the transportation of passengers shall be one-half of the license tax prescribed in section 3-2-329 of The Code of the City of Alexandria, Virginia, 1981, as amended.

(6) During the transition period, the license tax on the types of trailers that are described in section 3-2-330 of The Code of the City of Alexandria, Virginia, 1981, as amended, shall be one-half of the license tax prescribed in that section.

(7) During the transition period, the license tax on the combination of tractor-trucks and semitrailers shall be one-half of the license taxes prescribed in section 3-2-331 of The Code of the City of Alexandria, Virginia, 1981, as amended.

(8) During the transition period, the residential parking permit fees shall be one-half of the fees prescribed in section 5-8-74 of The Code of the City of Alexandria, Virginia, 1981, as amended.

(9) During the transition period, there will be no proration of the license taxes as described in section 3-2-334 of The Code of the City of Alexandria, Virginia, 1981, as amended.

(10) (a) Until January 31, 1997, any person who has adequate proof of ownership of a motor vehicle for which a license, windshield tag or decal has been issued by the city and who disposes of the vehicle and does not purchase another vehicle may surrender the license, windshield tag or decal to the director of finance with a statement that the vehicle for which the license, tag or decal was issued has been sold, and may apply for a refund of a portion of the tax paid for the May 1, 1996, to April 30, 1997, license period.

(b) Until January 31, 1997, any person who has adequate proof of ownership of a motor vehicle for which a license, windshield tag or decal has been issued by the city and who has sufficient evidence that the vehicle has been permanently removed from the city may apply for a refund of a portion of the tax paid for the May 1, 1996, to April 30, 1997, license period.

(c) Upon receipt of an application for refund made under subsection (a) or (b), the director of finance shall cause to be refunded to the applicant one-half of the total tax paid for the May 1, 1996, to April 30, 1997, license period for the vehicle, if application for such refund is made on or before October 31, 1996, and one-third of the license tax paid for the same period if the application is made subsequent to October 31, 1996. No refund of any portion of the license tax paid for the May 1, 1996, to April 30, 1997, license period shall be made when the application therefor is made after January 31, 1997.

Section 9. That this ordinance shall become effective on July 1, 1996.

KERRY J. DONLEY
Mayor

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 6/12/96; 6/13/96
Public Hearing: 6/15/96
Second Reading: 6/15/96
Final Passage: 6/15/96

6. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rescind the City Code requirement that City Council adopt each year a resolution setting forth the amount of the City's annual trash fee, and to provide instead that the trash fee, once set by Council resolution, shall remain the same until amended by subsequent Council resolution. (#25 6/11/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3872

AN ORDINANCE to amend and reordain subsection (a) (SETTING ANNUAL CHARGE) of Section 5-1-34 (CITY CHARGE FOR COLLECTION AND DISPOSAL SERVICE; BILLING), Article C (SOLID WASTE COLLECTION GENERALLY), Chapter 1 (SOLID WASTE CONTROL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (a) of Section 5-1-34 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-1-34 City charge for collection and disposal service; billing.

(a) From time to time, the city council, by resolution, shall set an annual charge for the collection and disposal of solid waste, ashes, and yard debris from required user properties on a fiscal year basis, and all required users shall pay the charge so established by council. Any other person receiving collection and disposal service from the city shall pay an annual charge based on the average volume of refuse generated by the person compared with the average volume of refuse generated by a typical single family dwelling in the city.

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

KERRY J. DONLEY
Mayor

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 6/12/96; 6/13/96
Public Hearing: 6/15/96
Second Reading: 6/15/96
Final Passage: 6/15/96

7. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to change, from January 31 to April 10, the date by which applications for the City's real estate tax relief program for the elderly and disabled are to be filed. (#27 6/11/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3873

AN ORDINANCE to amend and reordain Sections 3-2-163 (SAME--ELIGIBILITY, RESTRICTIONS GENERALLY) and 3-2-165 (SAME--PROCEDURE FOR CLAIM), both of Article L (REAL ESTATE TAX EXEMPTION OR DEFERRAL FOR ELDERLY OR PERMANENTLY AND TOTALLY DISABLED PERSONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-163 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-163 Same--eligibility, restrictions generally.

Exemptions from or deferral of real estate taxation in any taxable year shall be granted subject to the following restrictions and conditions:

(1) the total combined income for the calendar year immediately preceding the tax year of an applicant for an exemption may not exceed $20,000. Such income of an applicant for a deferral may not exceed $25,000.

(2) the net combined financial worth of an applicant may not exceed $150,000.

(3) as of January 1 of the taxable year, the applicant must occupy the real estate for which the exemption or deferral is sought as his or her sole residence and must be expected to so occupy the real estate throughout the year; provided, that an applicant who is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care shall be deemed to meet this condition so long as the real estate is not being used by or leased to another for consideration.

(4) an applicant shall file the affidavit required by section 3-2-165 no later than April 10 of the tax year.

(5) interest on any taxes deferred under this article shall accrue at the rate of eight percent per annum from the date by which such taxes were required to be paid to the date on which such taxes are paid in full. Any and all deferred taxes shall constitute a single lien upon the applicant's real estate as if no deferral had been granted and the taxes had been assessed but not paid. To the extent it exceeds, in the aggregate, 10 percent of the price for which such real estate is sold or, if not sold, 10 percent of its assessed value, any such lien shall be inferior to all other liens.

Section 2. That Section 3-2-165 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-165 Same--procedure for claim.

(a) Not later than April 10 for the taxable year, any applicant claiming an exemption or deferral of real estate taxes under this article shall file with the city manager, in such manner as the manager shall prescribe and on forms to be supplied by the city, an affidavit providing the following:

(1) the name and age of the applicant;

(2) a statement whether the applicant is permanently and

totally disabled;

(3) the address of the real estate for which the exemption or deferral is claimed;

(4) the names of the applicant's spouse and of the relatives of the applicant and any other owners of the real estate who reside in the applicant's dwelling;

(5) the total combined income of the applicant as defined in section 3-2-161(10);

(6) the net combined financial worth of the applicant as defined in section 3-2-161(6);

(8) the name and addresses of all owners of the real estate other than the owners who reside thereon.

(b) If, after audit and investigation, the city manager determines that the applicant is eligible for an exemption or deferral, the manager shall so certify to the director of finance, who shall deduct the amount of the exemption from the applicant's real estate tax liability or defer such tax liability as herein provided.

(c) Any provision of this article to the contrary notwithstanding, the city council may declare eligible to apply for an exemption or deferral any person filing the affidavit required by subsection (a) after April 10 but before June 30 of the taxable year, provided good cause is shown for the failure to file the affidavit before April 10 of the taxable year.

(d) Any applicant under 65 years of age claiming an exemption or deferral on the basis of a permanent and total disability shall attach to the affidavit required by subsection (a) a certification by the Social Security Administration or, if the person is not eligible for social security, an affidavit by two medical doctors licensed to practice medicine in the commonwealth to the effect that the person is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 6/12/96; 6/13/96
Public Hearing: 6/15/96
Second Reading: 6/15/96
Final Passage: 6/15/96

8. 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. (#28 6/11/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 8; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Vice Mayor 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" Euille absent
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

ORDINANCE NO. 3874

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 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 $ 6,586
Sheriff 51,400
Transportation and EnvironmentalServices 47,761
Fire -627
Police 88
Mental Health/Mental Retardation
/Substance Abuse 87,648
Human Services 3,385,161
Housing 77,139
Recreation 5,632

Total Estimated Revenue $ 3,660,788

APPROPRIATION:

Human Relations $ 6,586
Sheriff 51,400
Transportation and EnvironmentalServices 47,761
Fire -627
Police 88
Mental Health/Mental Retardation/
Substance Abuse 87,648
Human Services 3,385,161
Housing 77,139
Recreation 5,632

Total Appropriation $ 3,660,788

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1996, the source of such amount being donations to the city which have been accepted and adjusted but not appropriated in fiscal year 1996, and further, that the council does hereby allot the amount so appropriated to the city departments for fiscal year 1996, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Housing $ 565,355
Human Services 3,000

Total Estimated Revenue $ 568,355

APPROPRIATION:

Housing $ 565,355
Human Services 3,000

Total Appropriation $ 568,355

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amount being seized assets whose revenues have been accepted and adjusted but not appropriated in fiscal year 1996, and further, that the council does hereby allot the amount so appropriated to a city department and the Commonwealth Attorney for fiscal year 1996, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Commonwealth Attorney $ 155
Police 90,315

Total Estimated Revenue $90,470

APPROPRIATION:

Commonwealth Attorney $ 155
Police 90,315

Total Appropriation $90,470

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 court filing fees which have been received but not appropriated in fiscal year 1996, and further, that the council does hereby allot the amount so appropriated to the Clerk of the Courts for fiscal year 1996, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:
Clerk of Courts $20,000
Total Estimated Revenue $20,000
APPROPRIATION:
Clerk of Courts $20,000
Total Appropriation $20,000

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the 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 proceeds from sale of land and contributions, and further, that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the city's fiscal year 1996-2001 capital improvement program adopted by city council on May 3, 1995: city project nos. 001-074, 004-014, 004-036, 004-179, 009-039, 010-001, 010-002, 010-004, 011-015, 011-075, and 011-042.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Sale of Land $760,000
Contributions 3,678,792

Total Estimated Revenue $4,438,792

APPROPRIATION:

Capital Projects $4,438,792

Total Appropriation $4,438,792

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for the appropriation of the amount hereafter stated between the funds hereafter named, the sources being Designated General Fund Balance and Reserved Capital Project Fund Balance, and further, that the council does hereby allot the amount so appropriated (i) to the following capital projects which are included in the city's fiscal year 1996-2001 capital improvement program adopted by city council on May 3, 1995: city project nos. 002-007 (Branch Libraries), 002-003 (New Central Community Library), 003-014 (Mt. Vernon Avenue Improvements), 003-004 (Municipal Waterfront Improvement Program), 003-019 (Streams and Waterfront Dredging), 004-051 (Bike Trails), 004-001 (Chinquapin Park and Recreation Center), 004-039 (Fort Ward Park), 004-003 (Four Mile Run Park), 004-033 (Landscaping of Public Sites), 004-015 (Northern Virginia Regional Park), 004-012 (Park Improvements), 004-179 (Recreation Facilities Improvements), 004-038 (Simpson Stadium), 005-003 (Acquisition and Preservation of Historic Buildings), 005-033 (Energy Conservation Program), 005-016 (Market Square Renovations), 005-039 (Public Safety Radio System), 005-020 (Renovation and Maintenance of Existing City Facilities), 015-001 (Management Information Systems and Applications), 006-004 (Northern Virginia Regional Jail/A.P. Hill Regional Jail), 010-006 (Alexandria Transit Corporation (ATC) Buses), 010-002 (Bus and Rail Capital Replacement/Improvement), 010-001 (Rail Rapid Transit), 009-039 (Traffic Control Facilities), 011-083 (Braddock Road Metro Station Area Improvements), 011-096 (Bridge Repairs and Maintenance), 011-104 (King and Beauregard Intersection Improvements), 011-097 (King Street Metro Station Area), 011-105

(Mill Road Realignment), 011-012 (Sidewalk, Curb and Gutter Program), 011-011 (Street Reconstructions and Extensions), 011-075 (Undergrounding of Utilities/Street Lighting), 013-005 (Sanitary Sewer Reconstructions and Extensions), 013-010 (Sewer Separation and Pollution Abatement), 016-001 (Northern Virginia Community College), and (ii) to the capital projects identified in the Alexandria City Public Schools' fiscal year 1996 capital budget adopted by the school board on March 2, 1995.

GENERAL FUND

FINANCING USE:

9,869,533

Total Transfer Out $ 9,869,533

CAPITAL PROJECT FUND

ESTIMATED REVENUE:

Transfer In - General Fund $ 9,869,533

Reserved Capital Project
Fund Balance $ 8,322,375

Total Financing Source $18,191,908

APPROPRIATION:

Capital Projects $18,191,908

Total Appropriation $18,191,908

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds 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 undesignated General Fund Balance, and further that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

FINANCING USE:

Library (Transfer Out) $19,445

Total Financing Use $19,445

COMPONENT UNIT - LIBRARY

FINANCING SOURCE:

Component Unit - Library
Transfer-In $19,445

Total Financing Source $19,445

APPROPRIATION:

Component Unit - Library $19,445

Total Appropriation $19,445

Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amounts being General Property Taxes, Fines and Forfeitures, Charges for Services and Use of Money and Property, and further, that the council does hereby allot the amount so appropriated for fiscal year 1996, as follows:

GENERAL FUND
ESTIMATED REVENUE:
General Property Taxes $250,000
Fines and Forfeitures 425,000
Charges for Services 85,000
Use of Money and Property 454,056
Total Estimated Revenue $1,214,056
APPROPRIATION:
Financial and Information Services $675,000
General Services 454,056
Fire 85,000
Total Appropriation $1,214,056

Section 9. That the Council of the City of Alexandria, Virginia, does hereby reduce the appropriation to the component unit fund hereafter stated by the amount hereafter stated to reflect a reduction in Intergovernmental Revenue received for fiscal year 1996, as follows:

COMPONENT UNIT

ESTIMATED REVENUE:

Component Unit - Schools
Intergovernment Revenue $ -218,942

Total Estimated Revenue $ -218,942

APPROPRIATION:

Component Unit - Schools $ -218,942

Total Appropriation $ -218,942

Section 10. 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 Transfers-In from the Special Revenue Fund, and further, that the council does hereby allot the amount so appropriated to a city department for fiscal year 1996, as follows:

EQUIPMENT REPLACEMENT FUND

ESTIMATED REVENUE:
General Services $26,646
Total Estimated Revenue $26,646
APPROPRIATION:
General Services $26,646
Total Appropriation $26,646

Section 11. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 6/12/96; 6/13/96
Public Hearing: 6/15/96
Second Reading: 6/15/96
Final Passage: 6/15/96

9. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the government of the City of Alexandria for fiscal year 1997. (#29 6/11/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich 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:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3875

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $341,236,732 be, and the same hereby is, appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $341,236,732 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997 be, and the same hereby is, further appropriated to the following city departments, major operating units, component units and major categories of expenditures in the amounts set forth below:

Department/Unit/Component Unit/
Category of Expenditure Appropriation

City Council $409,118
City Manager 752,807
Citizens Assistance 498,921
Human Relations 1,278,789
18th Circuit Court 603,605
18th General District Court 99,919
18th Juvenile Court 36,645
Commonwealth Attorney 1,675,384
Sheriff 13,749,958
Clerk of Courts 1,180,914
Law Library 120,166
Other Correctional Activities 2,619,756
Court Services Unit 464,605
Financial and Information Technology Services 9,500,175
Office of Legislative Director 157,797
City Clerk and Clerk of Council 234,887
Personnel 1,479,345
Planning & Zoning 2,554,509
City Attorney 1,028,080
Registrar of Voters 583,529
General Services 6,981,677
Transportation and Environmental Services 17,472,048
Transit Subsidies 8,680,150
Fire 20,076,129
Police 27,718,726
Office of Housing $4,028,688
Mental Health/Mental Retardation/
Substance Abuse 20,085,302
Health 5,247,816
Human Services 26,297,003
Human Services Contributions 1,305,595
Office of Historic Alexandria 2,295,632
Recreation, Parks and Cultural Activities 10,759,592
Component Unit-Library 3,720,470
Component Unit-Schools 102,420,876
Other Educational Activities 13,578
Internal Service 3,348,601
Contingent Reserves 1,277,839
General Debt Service 9,289,745

Non-Departmental 6,049,187
Capital Projects 25,139,169

TOTAL APPROPRIATIONS $341,236,732

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $341,236,732 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997 be, and the same hereby is, further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $120,236,764
Non-Personnel Services 80,734,813
Capital Outlay 330,040
Component Unit-Library 3,720,470
Component Unit-Schools 102,420,876
Component Unit-Alexandria Transit Company 4,212,000
Pilot Recycling Program 1,093,999
Equipment Replacement 3,348,601
Capital Projects 25,139,169

TOTAL APPROPRIATIONS $341,236,732

Section 4. That the sum of $341,236,732 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $150,360,000
Other Local Taxes 56,180,000
Permits, Fees and Licenses $ 1,700,000
Fines and Forfeitures 3,046,000
Intergovernmental Revenue 61,850,355
Charges for Services 19,345,058
Revenue from Use of Money and Property 7,632,046
Miscellaneous Revenue 3,927,307
Sale of Land 390,000
Unreserved Fund Balance - General Fund:
Subsequent Year's Budget 9,187,906
Change in Motor Vehicle License Tax Due Date 929,000
VRS Rate Increase 626,400
Capital Projects Fund Balance 18,191,908
General Fund Balance Advanced to Capital
Projects Fund to be Reimbursed by Bond
Proceeds 6,947,261
Retained Earnings - Internal Service Fund 923,491

TOTAL ESTIMATED REVENUE $341,236,732

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $25,139,169 be, and the same hereby is, appropriated for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997. This sum, which consists of the $25,139,169 appropriated as Capital Projects in section 2 of this ordinance, is appropriated to and for (i) the following capital projects which are included in the city's fiscal year 1997-2002 capital improvement program adopted by city council on May 7, 1996: city capital improvement project nos. 002-007 (Branch Libraries), 002-003 (New Central Community Library), 003-004 (Municipal Waterfront Improvement Program), 003-014 (Mt. Vernon Avenue Improvements), 003-019 (Streams and

Waterfront Dredging), 004-051 (Bike Trails), 004-001 (Chinquapin Park and Recreation Center), 004-012 (Park Improvements), 004-039 (Fort Ward Park), 004-015 (Northern Virginia Regional Park), 004-033 (Landscaping of Public Sites), 004-179 (Recreation Facilities Improvements), 004-003 (Four Mile Run Park), 004-038 (Simpson Stadium), 005-003 (Acquisition and Preservation of Historic Buildings), 005-016 (Market Square Renovations), 005-020 (Renovation and Maintenance of Existing City Facilities), 005-033 (Energy Conservation Program) , 005-039 (Public Safety Radio System), 006-004 (Northern Virginia Regional Jail/A.P. Hill Regional Jail) , 009-039 (Traffic Control Facilities), 010-001 (Rapid Rail Transit), 010-002 (Bus and Rail Capital Replacement/Improvement), 010-006 (Alexandria Transit Corporation (ATC) Buses), 011-075 (Undergrounding of Utilities and Street Lighting), 011-083 (Braddock Road Metro Improvements), 011-096 (Bridge Repairs and Maintenance), 011-097 (King Street Metro Station Area Improvements), 011-104 (King and Beauregard Intersection Improvements), 011-105 (Mill Road Realignment), 011-012 (Sidewalk, Curb, and Gutter Program), 011-011 (Street Reconstruction and Extension), 013-005 (Sanitary Sewer Reconstruction and Extensions), 013-010 (Sewer Separation and Pollution Abatement), 015-001 (Management Information Systems and Applications), 016-001 (Northern Virginia Community College), and (ii) the capital projects identified in the Alexandria City Public Schools' fiscal year 1997 capital budget approved by the school board on December 21, 1995.

Section 6. That the sum of $25,139,169 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Reserved Fund Balance - Capital Projects Fund $18,191,908
General Fund Balance Advanced to Capital
Projects Fund to be Reimbursed by Bond
Proceeds 6,947,261
TOTAL ESTIMATED REVENUE $25,139,169
Section 7. That the sum of $106,514,137 is authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $ 14,339,307 Special Revenue Fund- $14,339,307
General
General Fund 79,366,513 Component Unit-Schools 79,366,513

General Fund 2,526,000 Component Unit-Alexandria 2,526,000
Transit Company

General Fund 3,335,056 Component Unit-Library 3,335,056

General Fund 6,947,261 Capital Project Fund 6,947,261

TOTALS $106,514_,137 106,514,137

Section 8. That the sum of $341,236,732 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit, component unit and major category of expenditure, to the funds maintained by the city which are set forth in Table I on page 5 of this ordinance.

Section 9. That the sum of $341,236,732 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1996 and ending on the thirtieth day of June 1997 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the funds maintained by the city which are set forth in Table II on page 7 of this ordinance.

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

KERRY J. DONLEY
Mayor

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 6/12/96; 6/13/96
Public Hearing: 6/15/96
Second Reading: 6/15/96
Final Passage: 6/15/96

10. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City Code definition of low- and moderate-income persons which is used in the City's homeownership programs to conform to the definition of such persons set out in the City Charter. (#26 6/11/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/15/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman 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:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3876

AN ORDINANCE to amend and reordain Section 7-2-3 (DEFINITIONS) and Section 7-2-4 (POWERS RELATING TO HOUSING AND COMMUNITY DEVELOPMENT) of Chapter 2 (HOUSING AND COMMUNITY DEVELOPMENT), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 7-2-3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 7-2-3 Definitions.

(a) Blighted real property means a building or buildings which, by reason of dilapidation, obsolescence, faulty arrangement of design, lack of ventilation, light or sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, is detrimental to the health, safety and welfare of the community.

(b) Elderly person means any person, married or single, who is 62 years of age or over.

(c) Handicapped person means any person who has been determined to have a physical or mental impairment which:

(1) is of long-term duration that renders the individual unable to engage in gainful activity; or.

(2) is of long-continued and indefinite duration that substantially impedes the individual's ability to live independently and that could be improved by more suitable housing.

(d) Low or moderate income persons means persons and families of low and moderate income as defined in section 36-55.26 of the Code of Virginia, 1950, as amended, and shall be applied under this chapter using the income guidelines issued by the Virginia Housing Development Authority for use in its single-family mortgage loan program authorized by section 36-55.33:1 of the Code of Virginia; provided, that, unless otherwise expressly authorized by city council, low and moderate income persons on whose behalf rental housing subsidies may be made under this chapter shall be defined in accordance with the regulations governing the section 8 program administered by the United States department of housing and urban development or a similar successor program.

(e) Nonprofit or limited profit organization means an organization which has as a principal purpose the development of housing for low or moderate income persons or elderly or handicapped persons.

(f) Real property shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.

Section 2. That Section 7-2-4 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 7-2-4 Powers relating to housing and community development.

(a) Powers relating to the acquisition and development of land and buildings in the city. The city many upon authorization of council:

(1) acquire by purchase, exchange, gift, lease, condemnation or otherwise, land or buildings in the city for the purpose of providing housing for low or moderate income persons or for elderly or handicapped persons;

(2) rehabilitate and dispose of any such land and buildings by lease or sale to low or moderate income persons or elderly or handicapped persons;

(3) dispose of such land and buildings by lease or sale to a nonprofit or limited profit organization;

(4) construct residential buildings in the city for lease or sale to low or moderate income persons or elderly or handicapped persons or for lease or sale to a nonprofit or limited profit organization;

(5) make grants and loans of funds to low or moderate income persons to aid in the purchase of any land or building in the city which has been rehabilitated by the city or by a nonprofit or limited profit organization.

(b) Powers relating to the acquisition and disposition of blighted, deteriorated, nonconforming property. The city may upon authorization of council:

(1) acquire by purchase, exchange, gift, lease, condemnation or otherwise, real property in the city which is blighted, deteriorated, deteriorating, a blighting influence on the neighborhood, or in nonconformance with the city's zoning code or master land use plan;

(2) clear, demolish or rehabilitate any such real property and dispose of any such real property by lease or sale to any person.

(c) Powers relating to the granting of funds to owners of dwellings leased to low or moderate income persons. The city may upon authorization of council:

(1) make grants of funds to owners of dwellings or dwelling units in the city leased to low or moderate income persons for the purpose of subsidizing, in part, the rental payments due and owing to any such owner by a low or moderate income person;

(2) acquire any such dwellings or dwelling units from any such owners and dispose of such property by sale or lease to low or moderate income persons.

(d) Powers relating to the granting and loaning of funds to low or moderate income persons for the purchase of dwellings. The city may, upon authorization of city council, make grants and loans to low or moderate income persons to aid in the purchase of a single-family, townhouse, condominium or other dwelling, or shares in a housing cooperative.

(e) Powers relating to federal and state housing programs. The city may, upon authorization of city council, participate in any federal or state housing program or other federal or state program related to the powers granted in this section, and may use federal, state, city or private funds in doing so. When using federal, state, city or private funds in any such program, the city shall determine the persons eligible to participate in the program by using the eligibility definitions, criteria and requirements that have been established by the federal or state agency administering the program.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 6/11/96
First Reading: 6/11/96
Publication: 6/12/96; 6/13/96
Public Hearing: 6/l5/96
Second Reading: 6/l5/96
Final Passage: 6/l5/96

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (11-39; 61)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 11,12, 25, 31, 36 and 39 from the Consent Calendar and considered them under separate motions.

13. CHARTER SECTION 9.06; CASE #96-03 -- 717-721 QUEEN STREET & NORTH COLUMBUS STREET -- QUEEN STREET LIBRARY -- Public Hearing and Consideration of a proposal by the City of Alexandria to exchange City land for extension of the library site lease located at 717-721 Queen Street and North Columbus Street, pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/15/96, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS (continued)

14. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize the conveyance of a strip of City land at the intersection of Queen and North Columbus Streets to the Alexandria Monthly Meeting of the Society of Friends, in exchange for a 30-year extension of the Barrett Library land lease. (Related to #13 above)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 6/15/96, and is incorporated herewith as part of this record by reference.)

Planning Commission (continued)

15. SPECIAL USE PERMIT #96-0059 -- 1206-1208 PRINCESS STREET -- Public Hearing and Consideration of a request for a special use permit for reduction of the required off-street parking and modification of the lot frontage requirement for proposed semi-detached dwellings; zoned RB/Residential. Applicant: James J. Taylor.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/15/96, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #96-0043 -- 317 EAST BRADDOCK ROAD --Public Hearing and Consideration of a request for a special use permit for temporary trailers for environmental remediation of the land at 700 Mount Vernon Avenue; zoned CL/Commercial Low.
Applicant: Apex Environmental, Inc., by Thomas Oh.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 16; 6/15/96, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #96-0083 -- 401 EAST BRADDOCK ROAD --Public Hearing and Consideration of a request for a special use permit for off-site parking for the automobile repair garage located at 317 East Braddock Road; zoned CSL/Commercial Service Low. Applicant: Jason Yates.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/15/96, and is incorporated herewith as part of this record by reference.)

18. SPECIAL USE PERMIT #96-0058 -- 1022 PENDLETON STREET; 521 NORTH HENRY STREET -- DIXON ROOMING HOUSE -- Public Hearing and Consideration of a request for a special use permit extension for a rooming house; zoned CSL/Commercial Service Low. Applicant: Corinne Dixon.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk Of council, marked Exhibit No. 1 of Item No. 18; 6/15/96, and is incorporated herewith as part of this record by reference.)

19. SPECIAL USE PERMIT #96-0060 -- 1015 WEST GLEBE ROAD --CITGO STATION -- Public Hearing and Consideration of a request for a special use permit to construct gasoline pump islands with a canopy for an existing gasoline service station; zoned CG/Commercial General. Applicant: Park Fairfax Citgo, by John R. Balis.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk Of Council, marked Exhibit No. 1 of Item No. 19; 6/15/96, and is incorporated herewith as part of this record by reference.)

20. SPECIAL USE PERMIT #96-0061 -- 625 FIRST STREET --HOLIDAY INN HEALTH CLUB -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation of a health club; zoned CD/Commercial Downtown. Applicant: Holiday Inn Hotel & Suites, by Jaap van der Vorm.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 20; 6/15/96, and is incorporated herewith as part of this record by reference.)

21. SPECIAL USE PERMIT #96-0062 -- 4510 DUKE STREET -- GREASE MONKEY GARAGE -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation of an automobile repair garage; zoned CG/Commercial General. Applicant: Hatil, Inc.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk Of Council, marked Exhibit No. 1 of Item No. 21; 6/15/96, and is incorporated herewith as part of this record by reference.)

22. SPECIAL USE PERMIT #96-0070 -- 3102 MOUNT VERNON AVENUE -- THE CALVERT BUILDING -- BOMBAY CURRY COMPANY RESTAURANT --Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned RC/Residential. Applicant: Balraj Bhasin and Tarjit Pal Bhasin.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/15/96, and is incorporated herewith as part of this record by reference.)

23. SPECIAL USE PERMIT #96-0072 -- 717 PENDLETON STREET --Public Hearing and Consideration of a request for a special use permit to operate a child care center; zoned CL/Commercial Low. Applicant: Flagstone Associates, Inc., by Patrick Barney.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/15/96, and is incorporated herewith as part of this record by reference.)

24. SPECIAL USE PERMIT #96-0073 -- 801 NORTH WASHINGTON STREET -- OLDE TOWNE CITGO STATION -- Public Hearing and Consideration of a request for a special use permit to install canopies for pump islands at a noncomplying gasoline service station; zoned CD-X/Commercial Downtown. Applicant: Jeffrey G. Hall.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/15/96, and is incorporated herewith as part of this record by reference.)

26. SPECIAL USE PERMIT #96-0077 -- 446-A CALVERT AVENUE --PIZZA BOLIS -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out and delivery service; zoned I/Industrial. Applicant: Saver Pizza, Inc., t/a Pizza Bolis, by Sohail Ghani.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/15/96, and is incorporated herewith as part of this record by reference.)

27. SPECIAL USE PERMIT #96-0078 -- 450 SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to operate an automobile sales business; zoned CSL/Commercial Service Low. Applicant: Shahrokh Tayebi.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/15/96, and is incorporated herewith as part of this record by reference.)

28. SPECIAL USE PERMIT #96-0081 -- 516 & 518 EAST WINDSOR AVENUE -- Public Hearing and Consideration of a request for a special use permit for off-street parking reduction and modification to the front yard setback requirement; zoned R-2-5/Residential. Applicant: David Jablonski, by Gaver Nichols, architect.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4 ,1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/15/96, and is incorporated herewith as part of this record by reference.)

29. SPECIAL USE PERMIT #96-0084 -- 5200 DUKE STREET -- SHELL SERVICE STATION -- Public Hearing and Consideration of a request for a special use permit for additional parking and a temporary storage trailer; zoned CG/Commercial General. Applicant: Robert J. Anderson.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4 ,1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/15/96, and is incorporated herewith as part of this record by reference.)

30. SPECIAL USE PERMIT #96-0085 -- 4300 KING STREET --COPELAND'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to add outdoor seating and food service to the existing restaurant; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Copeland's of New Orleans, Inc., by Chris Hendry.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/15/96, and is incorporated herewith as part of this record by reference.)

32. SPECIAL USE PERMIT #96-0095 -- 2412 JEFFERSON DAVIS HIGHWAY -- LINDSAY CADILLAC -- Public Hearing and Consideration of a request for a special use permit to expand the existing automobile sales facility; zoned I/Industrial. Applicant: Lindsay Cadillac Company, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/15/96, and is incorporated herewith as part of this item by reference.)

33. VACATION #96-0002 -- CHARTER SECTION 9.06; CASE #96-04 --EAST SIDE OF 3800 BLOCK OF OLD DOMINION BOULEVARD -- Public Hearing and Consideration of a request for land exchange involving a vacation and dedication of public right-of-way to construct a wall; zoned RB/Residential. Applicant: Lenox Place at Sunnyside Homeowners Association, Inc., by Joe Wiltse; and appointment of viewers for same.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/15/96, and is incorporated herewith as part of this record by reference.)

34. ENCROACHMENT #96-0002 -- 1011 KING STREET -- UNITED HOUSE OF PRAYER -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an entry bay; zoned CD/Commercial Downtown. Applicant: CMA Group, by Penny A. Gawthrop.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/15/96, and is incorporated herewith as part of this record by reference.)

35. SPECIAL USE PERMIT #96-0029 -- 2700 JEFFERSON DAVIS HIGHWAY -- KABUL CAFE -- Public Hearing and Consideration of a review of a special use permit for a restaurant with carry-out service, entertainment and off-street parking reduction; zoned I/Industrial. Applicant: Qasim Abbasi; Kabul Cafe.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/15/96, and is incorporated herewith as part of this record by reference.)

37. SPECIAL USE PERMIT #96-0069 -- 5800 EDSALL ROAD -- KLINE INFINITI -- Public Hearing and Consideration of a review and request to amend a special use permit for an automobile sales business; zoned CG/Commercial General. Applicant: Kline Infiniti, by James M. Kline.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/15/96, and is incorporated herewith as part of this record by reference.)

38. SPECIAL USE PERMIT #96-0082 -- 3606 MOUNT VERNON AVENUE Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial General. Applicant: Huascaran Restaurant, by Paula M. Coleto, Adrian Leyva, Celia Coleto and Silvio Cituchon.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk Of council marked Exhibit No. 1 of Item No. 38; 6/15/96, and is incorporated herewith as part of this record by reference.)

60. SPECIAL USE PERMIT #96-0091 -- 3601 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD -- Public Hearing and Consideration of a request for a special use permit to install an overhead-to-underground electric transmission facility; zoned CDD-10/Coordinated Development District, Potomac Yard/Greens. Applicant:Virginia Electric and Power Company (VEPCO), by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 5-1

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk Of Council, marked Exhibit No. 1 of Item No. 60; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated June 14, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 60; 6/15/96, and is incorporated herewith as part of this record by reference.)

61. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the process for reviewing proposed increases in cable television rates which are filed just before or during council's summer recess, by authorizing the city manager to issue tolling orders which extend the time in which the council may act on the rate proposals.

(A copy of the City Manager's memorandum dated June 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 61; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 61; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 61; 6/15/96, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 11, 12, 25, 31, 36 and 39 which were considered under separate motions, included Docket Item No. 61 in the Action Consent Calendar, and noted the deferral of Docket Item No. 60 until the June 25, 1996 Regular Meeting. The Planning Commission recommendations are as follows:

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

14. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 25, 1996.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

33. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations; the Mayor subsequently appointed Kellie Meehan, Chair, Katrine Fitzgerald and Paul Smedberg, as Viewers.

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

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

37. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #5 and #8.

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

60. City Council deferred this item until the June 25, 1996 Regular Meeting.

61. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 25, 1996.

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

NOTE: City Council considered Docket Item Nos. 11 and 12 together; however, a separate motion was made on each item.

11. CHARTER SECTION 9.06; CASE #96-02 -- 3701, 3965, 4001 EISENHOWER AVENUE -- Public Hearing and Consideration of a proposal by the City of Alexandria for the sale of property to Washington Metropolitan Area Transit Authority (WMATA), with a surface easement to the City of Alexandria to retain the property for park use, pursuant to the provisions of Section 9.06 of the City Charter. Applicant: Washington Metropolitan Area Transit Authority, by Cyril D. Calley, attorney.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/15/96, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS (continued)

12. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize the sale of City land at 3701, 3965 and 4001 Eisenhower Avenue to WMATA, reserving a perpetual surface easement to the city for park use. (Related to #11 above)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 6/15/96, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on these items:

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support of this item with a request that it be reduced from $141,000 to $19,000.

Council asked questions of Real Estate Assessments Director Sanderson concerning the difference in the appraisals.)

11. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request. The voting was as follows:

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

12. THEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council introduced and passed the ordinance on its First Reading, as amended, by changing the $141,000 figure in the third WHEREAS clause and in Section 1 to $19,000; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 25, 1996. The voting was as follows:

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

25. SPECIAL USE PERMIT #96-0074 -- 3110 COLVIN STREET -- T.B. AUTO SERVICES -- Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage; zoned I/Industrial. Applicant: T. B. Auto Services, by Dolores Becerra.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Neckel's memorandum dated June 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 6/15/96, 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.

(Mayor Donley spoke to the requirement of a business license for this application.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, 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 added the following condition: "16. No SUP shall be issued to the applicant unless and until all lessors of 3110 Colvin Street obtain a City business license for leasing or renting commercial property as is required by Section 9-1-88 of the Code of Alexandria." The voting was as follows:

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

36. SPECIAL USE PERMIT #96-0067 -- 2901, 2775, 2725 2701 EISENHOWER AVENUE; 233 TELEGRAPH ROAD -- THE FOUNDRY -- Public Hearing and Consideration of a request for a special use permit for approval of a Transportation Management Plan (TMP); zoned CDD-3/Coordinated Development District, Cameron Center. Applicant: Avalon Properties, Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/15/96, and is incorporated herewith as part of this record by reference.)

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

Ellen Pickering, 103 Roberts Lane, representing Taylor Run Civic Association, requested that a pedestrian and bike path to the Metro stop be included as part of the TMP. She stated that Taylor Run Civic Association wanted Council to know that the City and state traffic counts for the area between the Capital Beltway and Duke Street is 71,000 cars a day; and

Harry P. Hart, 307 North Washington Street, attorney for the applicant, stated that they were in accord with all of the staff recommendations, and, as part of the site plan and TMP, said that they would assist in marking of the bike path adjacent to this development and that all of the pedestrian walkways within the site lead to the walkway and bike trail.)

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

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

39. SPECIAL USE PERMIT #96-0088 -- 207 SOUTH PEYTON STREET --Public Hearing and Consideration of a request for a special use permit to operate a private school; zoned OCH/Office Commercial High. Applicant: St. Coletta's School, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of council, marked Exhibit No. 1 of Item No. 39; 6/15/96, and is incorporated herewith as part of this record by reference.)

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

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

Sharon Raimo, Executive Director of St. Coletta's School, spoke in support and answered questions asked by City Council.

Members of City Council and City Manager Lawson participated in the discussion.)

WHEREUPON, a motion was made by Council Member Rich, seconded by Vice Mayor Pepper to deny the Special Use Permit; which motion FAILED on a vote of 2-to-4. The voting was as follows:

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

THEREUPON, a motion was made by Councilman Speck, seconded by Councilman Cleveland to approve the Planning Commission recommendation.

WHEREUPON, a substitute motion was made by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 4-to-2, City Council deferred this until the June 25, 1996 Regular Meeting, and will hold an executive session regarding this item later in the day. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
None
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)

SPECIAL USE PERMIT #96-0054

324-334 NORTH FAIRFAX STREET PRINCESS STREET TOWNHOUSES -- Public Hearing and Consideration of a request for a special use permit, with site plan, for residential townhouse development; zoned CD/Commercial Downtown. A special use permit is required for cluster development and a temporary sales trailer; modifications to open space, yards, crown coverage, vision clearance and drive aisle width are requested. Applicant: Winkleman & Hood, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Denial 6-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk Of Council, marked Exhibit No. 1 of Item No. 40; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of a petition containing 26 signatures in support of this project is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 40; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Richards and Mr. Babcock dated June 12, 1996, in support of this application, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 40; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of a letter from the Old Town Civic Association dated June 14, 1996, in opposition to this application, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 40; 6/15/96, and is incorporated herewith as part of this record by reference.)

(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;

Mary Reader, 225 North Fairfax Street, architect, stated that the ground level open space will not be used for bioretention to meet the Chesapeake Bay Water Quality Act requirements but will be used for open space for residents.

Cathy Puskar, 307 North Washington Street, attorney representing the applicant, spoke in support;

Carolyn Merck, 324 North Royal Street, spoke in support;

John Hynan, 405 South Fairfax Street, representing the Historic Alexandria Foundation, spoke in support of the Planning Commission recommendation to deny; and

Jonas Neihardt, 725 South Pitt Street, representing the Old Town Civic Association, spoke in support of the Planning Commission recommendation to deny this request.

General Discussion. Members of City Council and Planning and Zoning Director Lynn participated in the discussion.

Harry P. Hart, attorney, stated that the contract purchaser will offer to the people/company who own the cleaners to paint the front of the cleaners. The contract purchaser has already said that he would make an offer to do that.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council reversed the decision of the Planning Commission and approved the application, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

NOTE: Councilman Speck left the Council Meeting at NOON.

41. SPECIAL USE PERMIT #96-0093 -- 520-522 EAST WINDSOR AVENUE -- Public Hearing and Consideration of a request for an amendment to a special use permit to allow a parking reduction and a modification to the front and side yard setback requirements; zoned R-2-5/Residential. Applicant: David Jablonski, by Gaver Nichols, architect.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/15/96, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 41; 6/15/96, and is incorporated herewith as part of this record by reference.)

It was noted that David Jablonski, applicant, was present to answer questions.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 4-to-0, 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" Pepper "aye"
Walker "aye" Euille absent
Donley "aye" Rich out of room
Speck left meeting

NOTE: City Council considered Docket Item Nos. 42 and 43 together; however, a separate motion was made on each item.

42. MASTER PLAN AMENDMENT #96-0003 -- 2425 MILL ROAD; 2000 EISENHOWER AVENUE; HOOFF'S RUN DRIVE -- HOFFMAN SITE -- Public Hearing and Consideration of an amendment to the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from OCH/Office Commercial High and CDD-1/Coordinated Development District, Duke Street to CDD-2/Coordinated Development District, Eisenhower Avenue, and request a change to the CDD-2/Eisenhower Avenue guidelines to decrease the proportion of residential use required. Applicant: Hoffman Family Limited Partnership, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 42; 6/15/96, and is incorporated herewith as part of this record by reference.)

43. REZONING #96-0004 -- 2425 MILL ROAD; 2000 EISENHOWER AVENUE; HOOFF'S RUN DRIVE -- HOFFMAN SITE -- Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from OCH/Office Commercial High and CDD-1/Coordinated Development District, Duke Street to CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Family Limited Partnership, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 43; 6/15/96, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support; and

Ellen Pickering, 103 Roberts Lane, representing Taylor Run Civic Association, spoke against reduction in residential use and spoke to protection of wetlands.

General Discussion. Members of City Council, Planning and Zoning Director Lynn and Mr. Middleton participated in the discussion.)

42. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and the added amendment by the Planning Commission to condition #7 of the CDD guidelines. The voting was as follows:

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

43. THEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes and ordinances. The voting was as follows:

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

Whereupon, at 12:25 p.m., City Council recessed the meeting for lunch.

Thereupon, at 1:10 p.m., City Council reconvened the meeting and the following transpired:

NOTE: City Council considered Docket Item Nos. 44, 45, 46, and 47 together; however, a separate motion was made on each item.

44. MASTER PLAN AMENDMENT #96-0001 -- RAILWAY RIGHT-OF WAY LOCATED REAR OF 5001 EISENHOWER AVENUE BETWEEN THE METRO ACCESS ROAD AND CLERMONT -- LNT/U.S. PATENT OFFICE PROPOSAL -- Public Hearing and Consideration of an amendment to the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from UT/Utility-Transportation and OCH/Office Commercial High to OCM-100/Office Commercial Medium. Applicant: LNT Associates, by Barbara P. Beach, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of council, marked Exhibit No. 1 of Item No. 44; 6/15/96, and is incorporated herewith as part of this record by reference.)

45. REZONING #96-0002 -- RAILWAY RIGHT-OF WAY LOCATED REAR OF 5001 EISENHOWER AVENUE BETWEEN THE METRO ACCESS ROAD AND CLERMONT -- LNT/U.S. PATENT OFFICE PROPOSAL -- Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from UT/Utility-Transportation and OCH/Office Commercial High to OCM-100/Office Commercial Medium. Applicant: LNT Associates, by Barbara P. Beach, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of council, marked Exhibit No. 1 of Item No. 45; 6/15/96, and is incorporated herewith as part of this record by reference.)

46. SPECIAL USE PERMIT #96-0052 -- 5001 EISENHOWER AVENUE --LNT/U.S. PATENT OFFICE PROPOSAL -- Public Hearing and Consideration of a request for a special use permit, with site plan, for development of an office project; zoned OCM-100, Office Commercial Medium. A special use permit is required for an increase in density, increase in height and increase in penthouse height. Applicant: LNT Associates, by Barbara P. Beach, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of council, marked Exhibit No. 1 of Item No. 46; 6/15/96, and is incorporated herewith as part of this record by reference.)

47. SPECIAL USE PERMIT #96-0053 -- 5001 EISENHOWER AVENUE --LNT/U.S. PATENT OFFICE PROPOSAL -- Public Hearing and Consideration of a request for a special use permit for approval of a Transportation Management Plan (TMP); zoned OCM-100, Office Commercial Medium. Applicant: LNT Associates, by Barbara P. Beach, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 15, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 6/15/96, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on these items:

Barbara P. Beach, 416 Prince Street, attorney representing the applicant, spoke in support; and

Ellen Pickering, 103 Roberts Lane, spoke in support of more trees and landscaping for Eisenhower Avenue.

General Discussion. Members of City Council and Transportation and Environmental Services Director O'Kane participated in the discussion.)

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

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

45. THEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, with the applicant's proffer, subject to compliance with all applicable codes and ordinances. The voting was as follows:

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

46. WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the deleted condition #34, the amended condition #42 and the added condition #68. The voting was as follows:

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

47. THEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added condition #16. The voting was as follows:

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

N NOTE: City Council considered Docket Item Nos. 48, 49, 50, 51, 52, 53, 54,and 55 together; however, a separate motion was made on each item.

48. MASTER PLAN AMENDMENT #96-0004 -- 409 SOUTH HENRY STREET; 324 SOUTH WEST STREET; 403 SOUTH PAYNE STREET; 1423 WILKES STREET -- OLD TOWN VILLAGE -- Public Hearing and Consideration of an amendment to the Southwest Quadrant Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of a portion of the subject property from RM/Residential Medium to RH/Residential High and to increase heights on a portion of the site from 45 feet to 65 feet. Applicant: Eakin Youngentob Associates, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 6/15/96, and is incorporated herewith as part of this record by reference.)

49. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the 1992 Master Plan in the following manner: (i) by amending the King Street/Eisenhower Avenue Small Area Plan to change the land use designation of the property at 2425 Mill Road, 2000 Eisenhower Avenue and Hooffs' Run Drive (Hoffman site) to CDD-2/Coordinated Development District-Eisenhower Avenue, and to decrease the proportion of residential use required within the CDD; (ii) by amending the Landmark/Van Dorn Small Area Plan to change the land use designation of the property at 5001 Eisenhower Avenue (Tauber site) to OCM-100/Office Commercial Medium; and (iii) by amending the Southwest Quadrant Small Area Plan to change the land use designation of the property at Duke and Henry Streets (Norfolk Southern site) to RH/Residential High. (Related to #42, #44, #48 above)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 49; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 49; 6/15/96, and is incorporated herewith as part of this record by reference.)

50. REZONING #96-0005 -- 409 SOUTH HENRY STREET; 324 SOUTH WEST STREET; 403 SOUTH PAYNE STREET; 1423 WILKES STREET -- OLD TOWN VILLAGE -- Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from OC/office Commercial, RA/Residential Multifamily and RB/Residential Townhouse to CRMU-L/Commercial Residential Mixed Use Low, proffered to a development plan. Applicant: Eakin Youngentob Associates, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 50; 6/15/96, and is incorporated herewith as part of this record by reference.)

51. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the City of Alexandria Zoning Map in the following manner: (i) by changing the zoning designation of the property at 2425 Mill Road, 2000 Eisenhower Avenue and Hooffs' Run Drive (Hoffman site) to CDD-2/Coordinated Development District-Eisenhower Avenue; (ii) by changing the zoning designation of the property at 5001 Eisenhower Avenue (Tauber site) to OCM-100/Office Commercial Medium, with proffer; and (iii) by changing the zoning designation of the property at Duke and Henry Streets (Norfolk Southern site) to CRMU-L/ Commercial-Residential Mixed Use, Low, with proffer. (Related to #43, #45, #50, above)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 51; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 51; 6/15/96, and is incorporated as part of this record by reference.)

52. SPECIAL USE PERMIT #96-0056 -- 409 SOUTH HENRY STREET; 324 SOUTH WEST STREET; 403 SOUTH PAYNE STREET; 1423 WILKES STREET -- OLD TOWN VILLAGE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for residential townhouse development; zoned OC/Office Commercial, RA/Residential and RB/Residential. A special use permit is required for outlot development, an increase in F.A.R., for more than eight townhouses in a single row, tandem parking and a temporary sales trailer; modifications to yards and open space are requested. Applicant: Eakin Youngentob Associates, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 52; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Robinson's memorandum dated June 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 52; 6/15/96, and is incorporated herewith as part of this record by reference.)

53. SPECIAL USE PERMIT #96-0068 -- 409 SOUTH HENRY STREET; 324 SOUTH WEST STREET; 403 SOUTH PAYNE STREET; 1423 WILKES STREET -- OLD TOWN VILLAGE -- Public Hearing and Consideration of a request for a special use permit for approval of a Transportation Management Plan (TMP) zoned OC/Office Commercial, RA/Residential and RB/Residential. Applicant: Eakin Youngentob Associates, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 53; 6/15/96, and is incorporated herewith as part of this record by reference.)

54. VACATION #96-0001 -- WOLFE STREET BETWEEN SOUTH PAYNE STREET AND THE CARLYLE SITE, AND A PORTION OF SOUTH WEST STREET SOUTH OF WOLFE STREET AND PAYNE STREET OLD TOWN VILLAGE -- Public Hearing and Consideration of a request for vacation of a public street right-of-way; zoned RA/Residential. Applicant: Eakin Youngentob Associates, Inc., by Jonathan P. Rak, attorney, and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of council, marked Exhibit No. 54; 6/15/96, and is incorporated herewith as part of this record by reference.)

55. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate Wolfe Street between South Payne Street and the Carlyle site, and to vacate the portion of South West Street between Wolfe Street and Wilkes Street. (Relates to #54 above)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 55; 6/15/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 55; 6/15/96, and is incorporated as part of this record by reference.)

(The following persons participated in the public hearing on these items:

Jonathan Rak, 510 King Street, attorney representing the applicant, spoke in support of the application, and stated, with respect to Docket Item No. 52, the applicant is willing to make a contribution of $25,000 to the Department of Parks and Recreation for the improvement of the Douglas Cemetery;

Councilman Cleveland requested staff to look into the name of the Douglas Cemetery. Does it have a first name?

Elaine Furman-Lee, 1104 Wilkes Street, spoke in support;

Deborah Ann Semb, 423 Old Town Court, representing the Old Town Stations' Owners Association and herself, spoke in support of the project on behalf of the Association, and as a property owner, she would like to see additional green space at the west end of the project;

John Hynan, 405 South Fairfax Street, representing the Historic Alexandria Foundation, suggested that the guidelines for the Board of Architectural Review should be applicable, and the need for more open space;

Herbert Seager, 417 Old Town Court, spoke in support on behalf of other property owners who signed a petition; a copy of which is on file in the office of the City Clerk and Clerk of Council, as part of this item;

Ellen Pickering, 103 Roberts Lane, expressed concern about the traffic at Duke and Henry Streets and the need for more open space;

John Berry, 1207 Duke Street, expressed concerns about open space, density and traffic issues;

Bernard Brenman, 4600 Duke Street, #1609, representing the Alexandria African American Park Task Force, spoke in support with the suggestion that Jamieson Avenue be reclaimed as open space; and

Robert Youngentob, 1000 Wilson Boulevard, #2720, Arlington, VA, applicant, answered questions.

General Discussion. Members of City Council, Transportation and Environmental Services Director O' Kane, and Mr. Rak participated in the discussion.)

48. WHEREUPON, a motion was made by Council Member Walker, seconded by Vice Mayor Pepper that City Council approve the Planning Commission recommendation and approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and preserving Jamieson Avenue as a public right-of-way.

THEREUPON, Council Member Rich offered an amendment to the motion that Council approve the SUP subject to a condition that they meet the forty percent open space requirement without having to make the contribution to the Housing Trust Fund; which amendment DIED for lack of a second.

WHEREUPON, Council returned to the main motion made by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and preserving Jamieson Avenue as a public right-of-way. The voting was as follows:

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

49. THEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously by all those present, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 25, 1996. The voting was as follows:

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

50. WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and the applicant's proffer: The development of the property shall occur in substantial conformance with the final approved Development Plan proposed as Special Use Permit #96-0056. The voting was as follows:

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

51. THEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously by all those present, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 25, 1996. The voting was as follows:

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

52. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations with the amendments to conditions #59, #67, #71 and #78; and the added conditions #79 and #80; and the deletion of condition #7. The voting was as follows:

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

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

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

54. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations; the Mayor subsequently appointed Warren Almquist, Chair, John Hines and Debbera Hayward as Viewers. The voting was as follows:

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

55. THEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 25, 1996. The voting was as follows:

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

NOTE: City Council considered Docket Item Nos. 56 and 57 together; however, a separate motion was made on each item.

56. SPECIAL USE PERMIT #96-0050 -- 5010 DUKE STREET CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit, with site plan, for residential development for Phase II of the Cameron Station CDD development; zoned CDD-9/Coordinated Development District, Cameron Station. A special use permit is required for CDD development, outlot development, for more than eight townhouses in a single row, and tandem parking. Applicant: Greenstar III, LP, c/o Greenvest, LC, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 4-2

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 56; 6/15/96, and is incorporated herewith as part of this record by reference.)

57. SPECIAL USE PERMIT #96-0051 -- 5010 DUKE STREET CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit for approval of a Transportation Management Plan (TMP); zoned CDD-9/Coordinated Development District, Cameron Station. Applicant: Greenstar III, LP, c/o Greenvest, LC, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 4-2

(A copy of the Planning Commission report dated June 4 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 57; 6/15/96, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on these items:

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support;

Ellen Pickering, 103 Roberts Lane, spoke to open space; and

Bernard Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support.)

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

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

57. THEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

NOTE: City Council considered Docket Item Nos. 58 and 59 together; however, a separate motion was made on each item.

It was noted by Jonathan Rak, attorney for the developer, that the descriptions for Docket Item Nos. 58 and 59 were inadvertently interchanged; therefore, for clarification purposes, the descriptions and special use permit numbers have hereby been changed to read correctly. [These were also incorrectly listed on the Planning Commission's docket for June 4, 1996.]

58. SPECIAL USE PERMIT #96-0089 -- 1900 DUKE STREET; BOUNDED BY DULANY STREET, JAMIESON AVENUE & JOHN CARLYLE DRIVE -- CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to the Carlyle special use permit to allow a reduction in the total amount of retail in the Carlyle project and related to design guideline changes for Block "C"; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Robert H. Shorb, Jr.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 58; 6/15/96, and is incorporated herewith as part of this record by reference.)

59. SPECIAL USE PERMIT #96-0092 -- 2101 JAMIESON AVENUE; BOUNDED BY DUKE STREET, HOOFF'S RUN, EISENHOWER AVENUE & METRORAIL TRACKS -- CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to the Carlyle special use permit to allow transfers from residential use to office use without construction of the beltway collector-distributor road; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 59; 6/15/96, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on these items:

Ellen Pickering, 103 Roberts Lane, spoke to preserving the roundhouse that is located on the site;

Jonathan Rak, 510 King Street, attorney representing the applicant, spoke in support; and

Robert Shorb, 1700 Pennsylvania Avenue, Suite 700, Washington, D.C., representing the applicant, spoke in support.)

58. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 4-to-0, City Council approved the Planning Commission recommendation and approved the request as recommended by staff, subject to compliance with all applicable codes, and ordinances. The voting was as follows:

Pepper "aye" Euille absent
Cleveland "aye" Rich out of room
Donley "aye" Speck left meeting
Walker "aye"

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

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (62-64)
62. SPECIAL USE PERMIT #96-0094 -- 1615-1617 PRINCESS STREET -- Public Hearing and Consideration of a request for a special use permit for an off-street parking reduction and a modification of the lot frontage requirement; zoned RB/Residential. Applicant: Clyde A. Pinkston.

COMMISSION ACTION: Deferred 5-0

63. TEXT AMENDMENT #96-07 -- ROOFTOP SCREENING WAIVER -- Public Hearing and Consideration of an amendment to Section 6-403(B) (Height Districts; General regulations and exceptions; mechanical appurtenances) of the Zoning Ordinance to provide for a waiver of the rooftop screening requirement. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Deferred 5-0

64. SPECIAL USE PERMIT #96-0080 -- 642 SOUTH PICKETT STREET -- NICK'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to add outdoor concerts (amusement enterprise) with food and alcohol service to the existing restaurant; zoned I/Industrial. Applicant: Nick J. Dugovich.

COMMISSION ACTION: Request for Withdrawal Noted

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

65. Consideration of Allocating Housing Trust Monies to Assist Purchasers of Condominium Units at Fayette Court. [This item is not a public hearing item.]

(A copy of the City Manager's memorandum dated June 11, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 65; 6/15/96, and is incorporated herewith as part of this record by reference.)

(Housing Director Davis made comments on this item.)

WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried unanimously by all those present, City Council approved an allocation of $750,000 for homeownership assistance to low- and moderate-income purchasers of condominium units at Fayette Court, subject to the following conditions: (1) The loans will be provided in the form of individual second trust, deferred payment loans of up to $25,000 each for current Fayette Court Apartments residents and outside purchasers with incomes at or below Section 8 income limits, and up to $15,000 for residents and outside purchasers with incomes up to the Virginia Housing Development Authority (VHDA) limits, with exceptions allowed for current residents on a case-by-case basis (as determined by the City); and (2) The guidelines, terms and conditions of the City's existing Homeownership Assistance Program (HAP) will apply to loans provided to current residents and outside purchasers with incomes up to the Section 8 limits, with the exception of the $2,000 purchaser contribution requirement, which shall be reduced to $1,000, for current residents only, on a case-by-case basis (as determined by the City). The guidelines, terms and conditions of the City's existing Moderate Income Homeownership Program (MIHP) will apply to loans provided to current residents and outside purchasers with incomes from Section 8 limits up to the VHDA limits. The voting was as follows:

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

66. Public Hearing and Consideration of the Fayette Court Conversion Assistance Plan.

(A copy of the City Manager's memorandum dated June 11, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 66; 6/15/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council held the public hearing and (1) approved the Fayette Court Condominium Conversion - Housing Conversion Assistance Plan with the Landlord-Tenant Relations Board recommendations; and (2) authorized the City Manager to execute a conversion plan agreement with Community Management Corporation on behalf of the City. The voting was as follows:

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

31. SPECIAL USE PERMIT #96-0090 702-734 SOUTH FAYETTE STREET -- FAYETTE COURT CONDOMINIUM -- Public Hearing and Consideration of a request for a special use permit for off-street parking reduction; zoned RB/Residential. Applicant: Fayette Court Corporation, by Marilyn Hurey, president.

COMMISSION ACTION: Approved 5-0

(A copy of the Planning Commission report dated June 4, 1996 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/15/96, and is incorporated herewith as part of this item 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 Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

New Business Item No. 1: WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, at 3:25 p.m., City Council convened an executive session for the purpose of consulting with legal counsel pertaining to specific legal issues that relate to the special use permit application of St. Colette's and the property at 207 South Peyton Street, and that require the provision of legal advice by counsel, pursuant to Virginia Code § 2.1-344 (A) (7) The voting was as follows:

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

THEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried on a vote of 4-to-0, at 4:05 p.m., City Council reconvened the Meeting. The voting was as follows:

Pepper "aye" Cleveland out of room
Rich "aye" Euille absent
Donley "aye" Speck left meeting
Walker "aye"

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution pertaining to the executive session. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1795

WHEREAS, on this 15th day of June, 1996, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, at 4:07 p.m., the Special Public Hearing Meeting of Saturday, June 15, 1996, was adjourned. The voting was as follows:

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

APPROVED BY:

___________________________________

KERRY J. DONLEY MAYOR

ATTEST:

_________________________________
Beverly I. Jett, CMC, City Clerk

This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.

* * * * *

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.

* * * * *

Edit History

Original Author: Anonymous
Date Entered: 01/06/1997 09:29:22 AM

Edit History:

Rev.

Editor

Edit Date