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Public Hearing Meeting
Saturday, June 14, 1997 - - 9:30 a.m.


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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Mrs. Godwin, Director of Management and Budget; Mr. Gitajn, Director of Financial and Information Technology Services; Mr. Neckel, Director of Finance; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Weydemeyer, Urban Planner, Planning and Zoning; Police Chief Samarra; Fire Chief Hawkins; and Lieutenant Kaluta, Police Department.

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

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

2. Presentation of Proclamations Honoring the T.C. Williams Girl's Crew Teams. (Mayor Donley)

(Copies of the proclamations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2; 6/14/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamations to the T.C. Williams Senior Girls' Varsity Eight, and to the T.C. Williams Girls' Lightweight Eight.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously, City Council endorsed the proclamations. The voting was as follows:

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



New Business Item No. 1: Councilman Speck spoke to some unfinished business from City Council’s Legislative Meeting held on June 10, 1997, with regard to the recommendation from the Park and Recreation Commission to rename the Ramsay Nature Center the Jerome “Buddie” Ford Nature Center.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the renaming of the Ramsay Nature Center to The Jerome “Buddie” Ford Nature Center in commemoration of Buddie Ford. The voting was as follows:

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

3. Public Discussion Period.

(a) Charles Lee Regan, 1512 Commonwealth Avenue, Apt. 6, representing “Friends of Four-Mile Run,” requested that the natural environment be protected when the weirs are placed in Monticello Park. He stated that only one, good and adequate engineering device at the head of the park is needed, and nothing else, especially rip-rap. He requested that expenditures be designated instead for conservation measures, such as, replanting trees and shrubs which will hold back water, provide habitats for birds, and lend themselves to a more natural environment.

(b) Timothy Preso, 503 East Windsor Avenue, also spoke to the Monticello Park project and requested reconsideration of the scope of the project that is currently on the table for that park. He requested protection for the migratory bird habitats. He suggested that the City keep its project limited directly around the drain pipe at the upper end of the park.

(c) David H. Whitehill, 4634 Kirkland Place, spoke to the Highpointe at Southgate site plan. He stated that a group of neighbors have presented some issues to Pulte Homes for consideration. He indicated, if Pulte Homes does not act on them, that at some point in September they would like to come back to the City to maybe consider some variances. He spoke to the issues of parking, driveways, and guest parking. He indicated that they have requested rather than the standard 10' x 14' decks they are allowed to construct by the site plan, that they be allowed to have full decks spanning the length of their townhouses. He stated that they have also requested bus transportation to permit them access to the Metro stations. He also spoke to code violations.

Members of City Council, Planning and Zoning Director Lynn, Transportation and Environmental Services Director O’Kane, and Fire Chief Hawkins addressed the issues raised.

Mayor Donley requested Mr. Lynn, Mr. O’Kane and Chief Hawkins to get in touch with Mr. Whitehill about some of the issues he has raised, particularly about the decks and the construction quality.





(d) Robert Jones, 516 East Howell Avenue, spoke to the non-complying industrial storage lot at 519 East Howell Avenue.

Mayor Donley requested that staff provide Council with an explicit summary of the actions taken by the Board of Zoning Appeals in July.

(e) Marian I. Cox, 501 Slaters Lane, #819, representing Friends of Monticello Park, urged the City to scale back the construction work planned for the park, specifically reducing the number of weirs to one.

(f) Julie Crenshaw, 816 Queen Street, representing the Sierra Club, spoke to the weir system at Monticello Park.

(g) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (4-17)

Planning Commission

WITHOUT OBJECTION, City Council removed Docket Item Nos. 9, 10, 11, 13 and 16, which were considered under separate motions.

4. (a) TEXT AMENDMENT #97-05 -- BAKERY USES IN COMMERCIAL ZONES -- Public Hearing and Consideration of an addition to the Zoning Ordinance to allow medium-sized bakeries within commercial zones with approval of a special use permit. Staff: Department of Planning and Zoning.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4(a); 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated May 21, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4(a); 6/14/97, and is incorporated herewith as part of this record by reference.)

4. (b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the City Zoning Ordinance to allow bakeries of up to 10,000 square feet in several commercial zones within the City.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4(b); 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4(b); 6/14/97, and is incorporated herewith as part of this record by reference.)



5. SPECIAL USE PERMIT #97-0031 -- 2-16 WEST GLEBE ROAD -- WEST GLEBE GATE -- Public Hearing and Consideration of a request for a special use permit for extension of time to commence operation for an approved residential townhouse development; zoned CSL/Commercial Service Low. Applicant: Suk Chae Yi, by Roland Joun.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/14/97, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #97-0053 -- 2729 KING STREET -- WOODBINE NURSING HOME -- Public Hearing and Consideration of a request for a special use permit, with site plan, for expansion and alterations to a nursing home; zoned R-8/Residential. Applicant: Valley Nursing Homes, Inc., t/a Woodbine Rehabilitation & Healthcare Center, by Barbara P. Beach, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/14/97, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #97-0062 -- 209 MADISON STREET -- OLD TOWN ATHLETIC CLUB -- Public Hearing and Consideration of a request for a special use permit to expand a health club; zoned OCM-50/Office Commercial Medium. Applicant: Michael K. Myers.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/14/97, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #97-0063 -- 1201 NORTH ROYAL STREET -- METRO STAGE THEATER -- Public Hearing and Consideration of a request for a special use permit to operate an amusement enterprise (stage theater) and request for a parking reduction; zoned CD-X/Commercial Downtown. Applicant: American Showcase Theatre Company, Inc., t/a Metro Stage, by Carolyn Griffin.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/14/97, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #97-0072 -- 106 NORTH LEE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Portside, LLC, t/a The Perfect Pita, by H. Price Jessup.


(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/14/97, and is incorporated herewith as part of this record by reference.)

14. SPECIAL USE PERMIT #97-0078 -- 5800 EDSALL ROAD -- KLINE INFINITI --Public Hearing and Consideration of a review of a special use permit for an automobile sales business; zoned CG/Commercial General. Applicant: Kline Infiniti, by James M. Kline.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/14/97, and is incorporated herewith as part of this record by reference.)

15. MASTER PLAN AMENDMENT #97-0001 -- REZONING #97-0001 -- 3408 KING STREET AND 1205 NORTH QUAKER LANE -- OAKLAND BAPTIST CHURCH; QUAKER LANE APARTMENTS -- Public Hearing and Consideration of an amendment to the 1992 Master Plan to change the land use designation and request for rezoning from R-20/Residential to RA/Residential. Applicant: Oakland Baptist Church, by Robert J. Nash, and City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/14/97, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #97-0059 -- 1707 PRINCE STREET -- CLIPPER -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of eight residential condominiums, with request for increase in allowed floor area ratio, and site plan modifications; zoned OCH/Office Commercial High. Applicant: P. N. Hoffman, Inc., by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/14/97, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of Item Nos. 9, 10, 11, 13 and 16, which were considered under separate motions. The Planning Commission recommendations are as follows:

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



4. (b) City Council introduced and passed the Ordinance on its First Reading, set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 24, 1997.

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

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

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

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

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

14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #20 and #30.

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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

9. SPECIAL USE PERMIT #97-0064 -- 3130 DUKE STREET -- PREMIER CAR RENTAL -- Public Hearing and Consideration of a request for a special use permit to add parking and increase the hours of operation of an automobile rental business; zoned CG/Commercial General. Applicant: Premier Car Rental, by David Shea.


(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/14/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley spoke to the number of violations that the applicant has had with respect to this special use permit, and suggested that a new condition #13 be added requiring a one-year review.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Condition #13 to read as follows: "13. Requirement of a one-year review." The voting was as follows:

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

10. SPECIAL USE PERMIT #97-0069 -- 2000 MOUNT VERNON AVENUE -- MAJESTIC GRILL -- Public Hearing and Consideration of a request for a special use permit to add outdoor seating to a restaurant; zoned CL/Commercial Low. Applicant: Majestic Grill, by Stephanie Womack.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/14/97, and is incorporated herewith as part of this record by reference.)

Council Member Walker stated that she was part owner of this building; therefore, she recused herself from consideration and discussion of this item.

The applicant stated that they fully intend to obey the rule with respect to the Howell Street door.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-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 and the amended Condition #18. The voting was as follows:

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

11. SPECIAL USE PERMIT #97-0071 -- 5140 DUKE STREET --Public Hearing and Consideration of a request for a special use permit to construct a drive-through facility for a bank; zoned CG/Commercial General. Applicant: Virginia Commerce Bank, by Peter Converse.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/14/97, and is incorporated herewith as part of this record by reference.)

Councilman Euille stated that he serves on an advisory board of this bank and wanted to disclose it for the public record.

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

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

13. SPECIAL USE PERMIT #97-0073 -- 439 CALVERT AVENUE -- OAKVILLE INDUSTRIAL PARK -- Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage; zoned I/Industrial. Applicant: Capital Auto Care, by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated June 13, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 6/14/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #3 and #7, and made the letter dated June 13, 1997, from Jonathan Rak, Attorney for the Applicant, as part of the record. The voting was as follows:

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

16. SPECIAL USE PERMIT #97-0057 -- 701 SOUTH WASHINGTON STREET -- CHICKEN OUT RESTAURANT -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a restaurant with carryout and delivery service, and request to reduce the number of required loading spaces, with site plan modifications; zoned CL/Commercial Low. Applicant: Chicken Out, Inc., by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/14/97, and is incorporated herewith as part of this record by reference.)

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, was available to answer questions.

Councilman Speck expressed concern with cooking odors and whether or not Condition #18 should be strengthened.

Planning and Zoning Director Lynn addressed this issue.

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

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

18. Public Hearing on City of Alexandria Political Sign Regulations. (Councilman Speck)

(A copy of Mr. Lynn's memorandum dated June 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/14/97, and is incorporated herewith as part of this record by reference.

Communications received pertaining to this issue are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 6/14/97, and are incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing:

Milt Heywood, 200 North Pickett Street, #1213, spoke in support of the prohibition of political signs, and offered revisions to the current regulations; a copy of Mr. Heywood's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Loralee Freilich, 52 East Rosemont Avenue, representing herself and other concerned residents, spoke to prohibit political signs on the right-of-way of public streets and highways; a copy of Ms. Freilich's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

George A. Pera, 402 Crown View Drive, spoke against the number of signs that were posted this past election, and suggested limiting the number of signs and the establishment of a non-partisan committee to study this issue to see what can be done about it; and



V. Rodger Digilio, 1900 Mount Vernon Avenue, stated that the school board elections are non-partisan and candidates have low budgets, therefore, signs are an inexpensive way to get name recognition; suggested that there be a committee to work on this since the regulations are poorly written, could be provided with more enforcement and the number of signs per block could be limited.

The public hearing was concluded.

Mayor Donley stated that maybe signs should be limited to private property. He also indicated that the current regulations are difficult to understand.

Vice Mayor Pepper suggested that the League of Women Voters might be able to study this and to come up with a solution. She indicated maybe limiting the length of time that signs are posted and having the date of the election on the signs might be something that could be done.

Councilman Speck indicated that there is one of two directions that Council can take. One would be to regulate signs in a manner that prohibits them on the public right-of-way and require the candidates to use private property for signs, or continue to allow signs on public property with some change in rules and regulations as some have noted, and with more enforcement. Councilman Speck stated that he has no specific proposal to make at this time, and suggested that over the summer, he would take some soundings to see if there is some consensus among Council as to which way it wants to go. If the consensus is to create new regulations, then he indicated that it would be appropriate to bring together a group, i.e., the League of Women Voters, representatives from both Parties, from the School Board, and probably people who have run for office unsuccessfully to suggest regulations. But, if the consensus is to regulate it in a way that prohibits them on public space, which he indicated if the decision was being made today, he would be inclined to do that, but he indicated in all fairness, that Council ought to take some soundings.

WITHOUT OBJECTION, City Council will consider this in the fall.

19. Public Hearing and Consideration of the Hunter's Run Conversion Assistance Plan.

(A copy of the City Manager's memorandum dated June 9, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

Dick Knapp, 2731 Woodley Place, N.W., Washington, D. C., representing KSI Services, Inc., spoke in support with modifications; and

Robin Batro, 8081 Wolftrap Road, Vienna, VA, representing KSI Management Corporation, KSI Services, Incorporated, spoke in support with modifications.

Housing Director Davis gave an explanation of the proposed change, and suggested that a new section B.5.c. be added to the recommendation, and that the plan will also reflect that the developer will provide to tenants, along with the 120-day notice, information on the application process and a statement to be

signed by the tenant confirming the tenant’s understanding that an application is required either to stay or to receive a relocation payment.

Mayor Donley requested a report back to Council of the results of how this worked.

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Conversion Assistance Plan for Hunter’s Run Apartments with the addition of the reporting requirement and authorized the City Manager to execute a conversion plan agreement, with the changes outlined by Office of Housing Director Davis as follows:

Insert a new section B.5.c., to add the following to the factors that would enable a household to be determined eligible for a relocation payment:

(c) The new rent will exceed a specified percentage of the tenant’s income, with the percentage to be agreed upon by the Office of Housing and the developer.

The plan will also reflect that the developer will provide to tenants, along with the 120-day notice, information on the application process and a statement to be signed by the tenant confirming the tenant’s understanding that an application is required either to stay or to receive a relocation payment. The voting was as follows:

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

20. Consideration of Landlord-Tenant Relations Board and Staff Amendments to the Housing Conversion Assistance Policy. (#17 6/10/97

(A copy of the City Manager's memorandum dated May 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/14/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Housing Conversion Assistance Policy, as amended. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

City Council considered Docket Item Nos. 21-25, under one motion. When the City Clerk read the items, she read Docket Item No. 25 after Docket Item No. 22, and Docket Item No. 23 after Docket Item No. 24, in order to reflect the correct ordinances with the Planning Commission item for the vacation and encroachment.

21. SPECIAL USE PERMIT #97-0055 -- SPECIAL USE PERMIT #97-0056 -- 221 NORTH LEE STREET -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a residential cluster townhome development over a structured public parking garage, including an increase in floor area ratio, with zoning modifications, and waiver of the Flood Plain District provisions of the zoning ordinance for the site located in the block bounded by North Lee, Queen, and North Union Streets and Thompson's Alley; zoned CD/Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of the Agreements between Cameron Mews Homeowners and Contractor/City as of June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 6/14/97, and is incorporated herewith as part of this record by reference.)

22. VACATION #97-0001 -- 221 NORTH LEE STREET -- Public Hearing and Consideration of a request for vacation of public rights-of-way for construction of residential townhomes and underground parking structure for the site located at the corner of North Lee and Queen Streets, and North Union and Queen Streets; zoned CD/Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney, and appointment of viewers for same.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/14/97, and is incorporated herewith as part of this record by reference.)

25. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate two small portions of the public right-of-way at the corners of Queen and North Lee Streets and Queen and North Union Streets, in order to facilitate development of the property that is bounded by Thompson's Alley, North Lee Street, Queen Street and North Union Street.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/14/97, 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. 25; 6/14/97, and is incorporated herewith as part of this record by reference.)

24. ENCROACHMENT #97-0004 -- 221 NORTH LEE STREET -- Public Hearing and Consideration of a request for encroachment into the public rights-of-way for (1) entrance steps for townhouses, (2) planting areas, (3) bay windows, (4) an underground stormwater structure, and (5) a temporary sales trailer for the proposed construction of townhomes and underground parking structure for the site located at the corner of North Lee and Queen Streets, and North Union and Queen Streets; zoned CD/Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/14/97, and is incorporated herewith as part of this record by reference.)

23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE authorizing the owner of the real property bounded by Thompson's Alley, North Lee Street, Queen Street and North Union Street, and the owner's successors, to establish and maintain several encroachments into the public right-of-way of North Lee, Queen and North Union Streets, in the City of Alexandria, Virginia.

(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. 23; 6/14/97, 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. 23; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

J. Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support, and described the process to date;


Joanne Shore, 106 Cameron Mews, representing 15 homeowners of Cameron Mews, submitted the homeowners' understanding of agreements to date with the City/Brandt and the progress to date on unresolved issues for the public record; and

John Chapman Gager spoke.

City Attorney Sunderland provided clarification of a couple of items on page 2 of the document Ms. Shore submitted for the record. He indicated that the City would consider replacing the alley; however, redoing the entire alley lays with the cost. He spoke to the first written solution midway on the page. He stated that the City did agree to look into some type of written guarantee with a backing, not necessarily the City's backing, but some form of backing.

Transportation and Environmental Services Director O'Kane also participated in the discussion.

Members of Council directed questions to the City Attorney and Mr. O'Kane.

Councilman Speck asked questions with respect to limited access to the parking mentioned on page four.

Councilman Cleveland suggested that there be a security system with respect to access to the parking garage.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved items 21 through 25 as follows:

21. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances, and staff recommendations, with the revised Condition #24 and the added Conditions #26 through #32; a copy of the agreement submitted by the Cameron Mews Homeowners will be made part of the special use permit, but not as a condition.

22. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Donald Allen, Chair, and Kellie Meehan and Katrine Fitzgerald, as Viewers. [NOTE: On June 18, 1997, the City Clerk was informed that Mr. Allen and Ms. Meehan were out of town; the Mayor, subsequently appointed Katrine Fitzgerald, chair, and Amoret Bunn and Paul Smedberg as Viewers; on June 19, 1997, the City Clerk was informed that Mr. Smedberg was also out of town, and Ruby Fitzgerald was appointed as a Viewer.]

25. City Council introduced and passed the ordinance on its First Reading, set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 24, 1997.

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


23. City Council introduced and passed the ordinance on its First Reading, set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 24, 1997.

The voting was as follows:

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

26. SPECIAL USE PERMIT #97-0050 -- 3601 JEFFERSON DAVIS HIGHWAY POTOMAC YARD; RETAIL CENTER -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction and operation of an amusement enterprise (movie theater); zoned I/Industrial. Applicant: Hoyts Cinemas Corporation, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

J. Howard Middleton, attorney for the applicant, noted that there will be a total of 3,770 seats for this development.

Mayor Donley mentioned to Mr. Middleton, since he will be representing many of the applicants for the Potomac Yard development, to encourage the various businesses to hire as many Alexandria residents as possible.

Members of Council also urged the applicant to hire as many Alexandria residents as possible.

Councilman Speck encouraged representatives from those organizations to work in consort with City resources, educational resources, CET resources, and other training aspects to identify the types of skills that will be needed and proceed with educating and training.

Paul Beck, Director of Real Estate for the applicant, will be glad to work with Alexandria Works! and other groups.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Speck and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the amended Conditions #4, #7 and #12. The voting was as follows:

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


NOTE: Docket Item Nos. 27 and 28 were considered together and under one motion.

27. SPECIAL USE PERMIT #97-0029 -- 2932 KING STREET, REAR -- FIRST BAPTIST CHURCH -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction improvements to the existing surface parking; zoned R-8/Residential. Applicant: First Baptist Church of Alexandria, Virginia, by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/14/97, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 27; 6/14/97, and is incorporated herewith as part of this record by reference.)

28. Public Hearing and Consideration of an appeal of the decision of the Planning Commission on June 3, 1997, affirming the decision of the Director of Transportation and Environmental Services, denying a waiver to the Chesapeake Bay Preservation Ordinance requirement at 2932 King Street. Applicant and Appellant: First Baptist Church of Alexandria, Virginia, by Duncan W. Blair, attorney.

COMMISSION ACTION: DENIED 6-0

(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. 28; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated June 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 6/14/97, and is incorporated herewith as part of this record by reference.

Copies of communications received pertaining to Docket Item Nos. 27 and 28, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item Nos. 27 and 28; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, P.O. Box 820, attorney representing the applicant, spoke in support of the special use permit and the appeal;

Lois Kelso Hunt, 310 Park Road, co-president, Taylor Run Citizen Association, spoke against;

Sarah Coco, 3023 Bryan Street, spoke against;

Mark Bishop, 3023 Bryan Street, spoke against;

Charles W. Linderman, 512 Putnam Place, speaking on behalf of Sandra Weiner, co-president of Taylor Run Citizen Association, spoke against;

Lisa Miller, 61 East Taylor Run Parkway, representing Taylor Run Civic Association, spoke against;

Craig Cooper, 2939 Bryan Street, spoke against;

Andrew Macdonald, 420 South Lee Street, representing Coastal Plain Environmental Council, spoke against;

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

Julie Crenshaw, 816 Queen Street, representing the Sierra Club, Citizens living by the Chinquapin ecosystem area, and Creation Stewardship, spoke against;

Wayne Jenkins, 1219 Russell Road, pastor, First Baptist Church, spoke in support;

Beth Emry, 207 West Glendale Avenue, spoke in support; and

Peyton Robertson, 112 West Mount Ida Avenue, chair, Environmental Policy Commission, spoke against.

General Discussion. Members of City Council, Fire Chief Hawkins, Transportation and Environmental Services Director O'Kane, City Attorney Sunderland, Ms. Coco, Mr. Blair, and Mr. Bishop participated in the discussion.

Councilman Speck stated, for the record, that the City Attorney advised him that because of the waiver issue that there are some things Council needs to make clear that are implicit in Council’s action and motion essentially in the form of findings as follows: One, if this motion is approved, it is because the Council believes that because of safety concerns that denial of the exemption would unreasonably restrict the use of the property in question; and that the two-lane bridge being proposed is the minimum exemption necessary to relieve this restriction; and that further, the other three criteria have been adequately satisfied.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council approved the following:

27. City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances, and staff recommendations, with the added Condition #20, and Council deleted Condition #7; and

28. City Council granted the appeal to allow a waiver of the Chesapeake Bay Preservation Ordinance with all of the attendant additional requirements as already discussed. The voting was as follows:

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

Whereupon, at 2:05 p.m., City Council broke for lunch.

Thereupon, at 2:35 p.m., City Council reconvened the Meeting and the following transpired:

29. SPECIAL USE PERMIT #97-0065 -- 823 KING STREET; 103 NORTH ALFRED STREET -- BITTERSWEET -- Public Hearing and Consideration of a request for a special use permit to expand an existing restaurant; zoned CD/Commercial Downtown. Applicant: Serendipitous, Inc., t/a Bittersweet, by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/14/97, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 29; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, P.O. Box 820, Alexandria, attorney representing the applicant, spoke in support; and

Jonas Neihardt, 725 South Pitt Street, president, Old Town Civic Association, spoke against.

General Discussion. Members of City Council, Mr. Blair, Planning Director Lynn, and Mr. Neihardt participated in the discussion.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

30. SPECIAL USE PERMIT #97-0066 -- 1008-1012 MADISON STREET -- Public Hearing and Consideration of a request for a special use permit to expand and change the ownership of an automobile repair garage; zoned CSL/Commercial Service Low. Applicant: T & T American Auto Service, Inc., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/14/97, and is incorporated herewith as part of this record by reference.)


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

Duncan W. Blair, P.O. Box 820, Alexandria, attorney representing the applicant, spoke in support.

Members of City Council participated in the discussion on this item.

Councilman Cleveland asked, if the City grants this, would the applicant, as a business owner, be willing to give back to the community with a job for someone within the area that has automotive experience, or, to help a community group needing assistance? He indicated that there is a gentleman on Route 1 that helps a local civic association with some of their needs because they can't get help from the outside. He suggested a small contribution or something like that. He asked the applicant if she would be willing to do that and the applicant responded in the affirmative. Councilman Cleveland stated that he wanted to be a part of helping the applicant to give back to the community.

Councilman Speck raised a Point of Order. He stated that he was very uncomfortable with Mr. Cleveland's dialogue. Councilman Speck stated that he appreciates the sentiment in which Mr. Cleveland is expressing it, the desire to have someone be involved in some of the things you are concerned about, but the implication that your approval is dependent upon a contribution?

Councilman Cleveland stated he was encouraging them to help.

Mayor Donley stated, for the record, that Mr. Cleveland had engaged in a dialogue with the applicant encouraging their business to be active in community affairs, and that any mention of contributions or activity in community affairs is not conditional upon the approval of the special use permit.

Councilman Euille suggested that the applicant may want to consider the services of the Small Business Development Center, located at the George Washington University at King Street Metro, where they can provide them with assistance and service, and, in addition, to the staff person in the Economic Development Partnership Office that works specifically with small businesses.

Vice Mayor Pepper requested staff to look into status of unpaid parking or zoning violation tickets.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 5-to-2, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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








31. SPECIAL USE PERMIT #97-0067 -- 2 QUEEN STREET -- WATERFRONT, NORTH OF THOMPSON'S ALLEY, SOUTH OF FOUNDERS PARK MARITIME HERITAGE CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a boat docking facility located on the waterfront, north of Thompson's Alley and south of Founders Park; zoned WPR/Waterfront Park and Recreation. Applicant: Alexandria Seaport Foundation, by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Robinson's memorandum dated June 12, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 6/14/97, 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. 3 of Item No. 31; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, P.O. Box 820, Alexandria, attorney representing the applicant, spoke in support.

Fire Chief Hawkins will be working with Mr. Blair's client to work through the building code issues and, also, safety issues.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and to include, an additional condition #5 to read as follows: "5. The operation of the facility shall be governed by an operations protocol developed, amended as necessary, and agreed upon by the Director of the Department of Recreation, Parks and Cultural Activities, and by staff of the Seaport Foundation." The voting was as follows:

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

32. SPECIAL USE PERMIT #97-0079 -- 18-20 ROTH STREET --Public Hearing and Consideration of a request for a special use permit to operate a social service use and a parking reduction; zoned CG/Commercial General. Applicant: Alexandria Community Services Board, by William L. Claiborn, PhD, Director, Department of Mental Health, Mental Retardation and Substance Abuse.

(A copy of the Planning Commission report dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of a petition containing 71 signatures and requesting a postponement of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 6/14/97, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 32; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

Helen Hall, 3045 Colvin Street, spoke against and to the issue of violations of repair shops with parking cars on the street;

Jan Shafer, 814 Vassar Road, requested a postponement and more information;

Wilbur L. Fugate, 2805 Dartmouth Road, requested that the item be deferred so that residents could have additional information and more time to take a position on it;

Samuel De Brocco, 3015 Colvin Street, representing the Colvin-Duke Improvement Coalition, requested a postponement;

Robert Sprague, 1232 Olde Towne Road, representing the Colvin-Duke Improvement Coalition, requested a postponement; and

Gerry Doone, chair, Community Services Board, spoke to notifications, and expressed willingness to work with the various neighborhood associations and businesses.

Mayor Donley stated that if there are code violations on Colvin Street, then the City needs to enforce the law.

WHEREUPON, a motion was made by Vice Mayor Pepper, seconded by Councilman Cleveland, to defer this for two months, until September so that the civic associations have a little time to talk it through.

THEREUPON, a substitute motion was made by Council Member Rich, seconded by Councilman Speck that City Council approve the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #2 and #4, with an added condition, Condition #13. "That the applicant will establish and sponsor a community relations board with the citizens and property owners from the surrounding neighborhood in order to determine the operating rules and guidelines, which will be reported back to City Council in the fall before the facility opens, and docketed for public hearing."

Mayor Donley stated that Council will take a vote on whether to consider the substitute motion, and assuming that passes, Council will move to the substance of that particular motion.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a vote of 5-to-2, City Council voted to consider the substitute motion. The voting was as follows:

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

THEREUPON, City Council returned to the substitute motion made by Council Member Rich, seconded by Councilman Speck and carried on a vote of 5-to-2, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #2 and #4, with an added condition, Condition #13. "That the applicant will establish and sponsor a community relations board with the citizens and property owners from the surrounding neighborhood in order to determine the operating rules and guidelines, which will be reported back to City Council in the fall before the facility opens, and docketed for public hearing." The voting was as follows:

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

Board of Architectural Review

33. CASE BAR - 97-0084 -- Public Hearing on and Consideration of an Appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on May 7, 1997, approving, with amendment, a request for approval of a hanging sign, FLOWERS UNIQUE, to be installed at 705 King Street, zoned CD, Commercial, will be heard. Applicant: MKD, Inc. for Flowers Unique; Appellant: Ms. Marian L. Bouk.

BOARD ACTION: Approved as amended, 6-0

(A copy of the Board of Architectural Review's report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated May 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of a letter withdrawing the appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 33; 6/14/97, and is incorporated herewith as part of this record by reference.)

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







34. CASE BAR-97-0116 -- Public Hearing on and Consideration of an Appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on May 21, 1997, denying a request for approval of revisions to previously approved plans for 300 South Lee Street, zoned RM, Residential. Appellant: Ms. Stephanie Dimond, on behalf of Applicant Elizabeth Gibney.

BOARD ACTION: Denied, 4-1

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/14/97, and is incorporated herewith as part of this record by reference.

Copies of schematics submitted by the applicant are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 34; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated May 22, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 34; 6/14/97, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 34; 6/14/97, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, P.O. Box 820, attorney representing the applicant, spoke in support of the appeal;

Stephanie Dimond, 6 West Maple Street, architect representing the applicant, spoke in support of the appeal and handed out schematics;

Charles L. Trozzo, 209 Duke Street, spoke against the appeal; and

Oscar Fitzgerald, 206 West Monroe Avenue, representing the Old and Historic Alexandria District Board of Architectural Review, spoke against the appeal.

General Discussion. Members of City Council, Mr. Trozzo, Board of Architectural Review staff member Smith, Mr. Blair, Mr. Gibney and Mr. Fitzgerald participated in the discussion.

Staff was requested to report back with the percentage of appeals within the last three or four years that have been reversed by the City Council.

WHEREUPON, a motion was made by Vice Mayor Pepper, seconded by Councilman Cleveland to grant the appeal and overturn the decision of the Board of Architectural Review, and allow the Gibney's to continue with their plans.

THEREUPON, an amendment to the motion was offered by Councilman Speck and seconded by Councilman Euille to instruct the Director of Planning to determine the appropriate civil penalty for this violation, and that we direct the applicant to present for review to Peter Smith, BAR staff person, final detailing on the fascia and cornice and any of the other detailing to insure that as much as possible of the building is clearly distinguished new from old; which amendment passed on a vote of 5-to-2. The voting was as follows:

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

WHEREUPON, Council returned to the original motion made by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council granted the appeal and overturned the decision of the Board of Architectural Review and allowed the Gibney’s to continue with their plans; and instructed the Director of Planning to determine the appropriate civil penalty for this violation, and that we direct the applicant to present for review to Peter Smith, BAR staff person, final detailing on the fascia and cornice and any of the other detailing to insure that as much as possible of the building is clearly distinguished new from old. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the fire prevention and building code provisions of the city code by adopting the new Virginia statewide fire prevention code, with certain exceptions, and by revising portions of the Virginia statewide building code that are adopted by the city code. (#18 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/14/97, 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 "aye"
Donley "aye" Rich out of room
Speck "aye"

The ordinance finally passed reads as follows:




ORDINANCE NO. 3929

AN ORDINANCE to amend and reordain Section 4-2-12 (ADOPTION OF VIRGINIA STATEWIDE FIRE PREVENTION CODE), Section 4-2-14 (DEFINITION OF FIRE OFFICIAL, FIRE MARSHAL AND CODE OFFICIAL), Section 4-2-19 (IMPERSONATION), Section 4-2-22 (MODIFICATIONS), Section 4-2-23 (APPEALS) and Section 4-2-24 (PENALTIES AND INJUNCTIONS), to repeal Section 4-2-20 (LOADING AND UNLOADING OF TANK VEHICLES) and Section 4-2-21 (CHANGES IN VIRGINIA STATEWIDE FIRE PREVENTION CODE), and to enact a new Section 4-2-21, of Article B (FIRE PREVENTION), Chapter 2 (FIRE PROTECTION AND PREVENTION), Title 4 (PUBLIC SAFETY), and to amend and reordain Section 8-1-2 (ADOPTION OF THE UNIFORM STATEWIDE BUILDING CODE) and Section 8-1-6 (VIOLATIONS AND PENALTIES) and to repeal Section 8-1-5 (FIRE SUPPRESSION SYSTEMS), of Article A (GENERAL PROVISIONS), Chapter 1 (BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 4-2-12, Section 4-2-14, Section 4-2-19, Section 4-2-22, Section 4-2-23 and Section 4-2-24 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. 4-2-12 Adoption of Virginia Statewide Fire Prevention
Code.

There is hereby adopted and incorporated, as if fully set out in this article, the Virginia Statewide Fire Prevention Code, as promulgated in 1997 and as thereafter amended by the Virginia Board of Housing and Community Development, except such portions of the Virginia Statewide Fire Prevention Code as are deleted, modified or amended by section 4-2-21 of this article.

Sec. 4-2-14 Definition of fire official, fire marshal and code
official.

Whenever the terms "fire official," "fire marshal" and "code official" are used in this article or the Virginia Statewide Fire Prevention Code, they shall mean the city's chief fire marshal, any deputy fire marshal in the city or any other city employee authorized by the chief fire marshal to enforce the provisions of this article.

Sec. 4-2-19 Impersonation.

It shall be unlawful for any person falsely to use a fire department badge, uniform or credentials to identify himself as, or otherwise to impersonate, the fire marshal, a fire officer, a firefighter, a paramedic, an inspector or another authorized representative of the fire department.

Sec. 4-2-22 Modifications.

The fire marshal shall have the authority to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in carrying out the strict letter of this code, provided that the spirit and intent of this code shall be observed and the public safety and welfare assured. The particulars of the modification when granted shall be entered upon the records of the department and a signed copy shall be furnished to the applicant.

Sec. 4-2-23 Appeals.

Any person aggrieved by an order, decision or interpretation of the fire marshal in the administration and enforcement of any provision of this article may appeal the order, decision or interpretation in accordance with section F-113.0 of the Statewide Fire Prevention Code.

Sec. 4-2-24 Penalties and injunctions.

(a) Penalties for violations of this code shall be as set out in section 27-100 of the Code of Virginia. Each day that a violation continues, after a service of notice as provided for in this code, shall be deemed a separate offense.

(b) Neither the initiation of a proceeding to impose a penalty under subsection (a), nor the imposition of such a penalty shall prevent the city attorney from instituting appropriate action to prevent the construction of a structure in violation of this article, to prevent the occupancy of a structure that is in violation of this article, or to restrain, correct or abate a violation of this article.

Section 2. That Section 4-2-20 and Section 4-2-21 of The Code of the City of Alexandria, Virginia, 1981, be, and the same hereby are, repealed.

Section 3. That Chapter 2 of Title 4 of The Code of the City of Alexandria, Virginia, 1981, be, and the same hereby is, amended by adding a new Section 4-2-21 to read as follows:

Sec. 4-2-21 Changes in Virginia Statewide Fire Prevention Code.

The Virginia Statewide Fire Prevention Code, adopted by the city in Section 4-2-12, is deleted, modified or amended in the following respects:

(1) Chapter 1, section F-100.0, subsection F-101.1 is amended to read:

F-101.1 Title: The regulations set forth herein, as modified and amended in section 4-2-21 of The Code of the City of Alexandria, together with the additional regulations in article B of chapter 2, title 4 of that code, shall be known as the Fire Prevention Code of the City of Alexandria, Virginia, and are herein referred to as such or as "the code."

(2) Chapter 1, subsection F-107.2.4 is amended to read:

F-107.2.4 Fees: Fees for permits required under this code will be in accordance with Table F-107.2.3

(3) Chapter 1, Table F-107.2.3 is amended to read:




Table F-107.2.3
PERMIT REQUIREMENTS
SectionDescriptionPermit Fee
F-402.3*Candles--assembly/educational occupancies$ 88.50
F-403.4Open burning, bonfire$ 88.50
charitable organizations$ 10.00
F-404.2Use of torch to remove paint, sweat pipe or apply roofing material$ 88.50
F-601.4*Assembly/educational occupancies,
occupancy less than 50 persons$ 50.00
occupancy 50 to 100 persons$100.00
occupancy over 100 persons$250.00
F-801.2Airports, heliports and helistops$ 88.50
F-901.2Use of flammable liquids to resurface bowling lanes$ 88.50
F-1001.2Crop ripening and coloring processes$ 88.50
F-1101.2Dry cleaning$ 88.50
F-1201.2Dust explosion hazards$ 88.50
F-1301.2Application of flammable finishes$100.00
F-1401.2Insecticidal fumigation$100.00
F-1501.2HPM facilities$100.00
F-1601.2Lumber yard or woodworking plant$ 88.50
F-1701.2Bulk storage of matches$ 88.50
F-1801.2Oil/gas wells$100.00
F-1901.2Organic coatings$ 88.50
F-2001.2Tents/air supported structures$ 88.50
F-2102.1Wrecked yard, junk yard or waste material handling$ 88.50
F-2103.1Waste handling$ 88.50
F-2201.2Welding or cutting$ 88.50
F-2205.2Storage of welding cylinders$ 88.50
F-2207.1Calcium carbide$ 88.50
F-2208.1Acetylene generators$ 88.50
F-2208.7Acetylene cylinder storage$ 88.50
F-2301.2Hazardous materials$100.00
F-2401.2Aerosol products$ 88.50
F-2501.2Cellulose nitrate plastics$ 88.50
F-2601.2Combustible fibers$ 88.50
F-2701.2Compressed gases$ 88.50
F-2801.2Corrosives$ 88.50
F-2901.2Cryogenic liquids$ 88.50
F-3001.2Blasting/explosives, storage and transportation$ 88.50
F-3001.2Blasting/explosives, use (each site)$ 88.50
F-3101.2Fireworks display$100.00
F-3201.2Vehicle repair shop$100.00
F-3201.2Flammable and combustible liquids-storage, handling, use processing$ 88.50
F-3201.2Flammable and combustible liquids-tanks and equipment$ 88.50
F-3301.2Flammable solids$ 88.50
F-3401.2Highly toxic solids and liquids$ 88.50
F-3501.2Irritants, sensitizers and other health hazards$ 88.50
F-3601.2Liquefied petroleum gases$ 88.50
F-3701.2Organic peroxides$ 88.50
F-3801.2Liquid and solid oxidizers$ 88.50
F-3901.2Pesticides$ 88.50
F-4001.2Pyrophoric materials$ 88.50
F-4101.2Radioactive materials$100.00
F-4201.2Unstable (reactive) materials$ 88.50
F-4301.2Water reactive materials$ 88.50
* Occupancies used solely for religious purposes are exempt.

(4) Chapter 3, section F-306.0 is amended by adding thereto a new subsection F-306.6 to read:

F-306.6 Storage or display in roofed-over malls: No combustible goods, merchandise or decorations shall be displayed or stored in a roofed-over mall unless approved by the fire marshal.
(5) Chapter 3 is amended by adding thereto a new section F-316.0 to read:

F-316.0 Handling readily combustible materials.

F-316.1 General: No person making, using, storing, having charge of or having under his control in a building any combustible excelsior, rubbish, sacks, bags, litter, hay, straw or other combustible waste material shall fail, at the close of each day, to remove all such material which is not compactly baled and/or stacked in an orderly manner, from the building or store it in suitable vaults or in metal or metal-lined and covered receptacles or bins. The fire marshal shall require suitable baling equipment to be installed in stores, apartment buildings, factories and other buildings where accumulations of paper and waste material are not removed at least every second day.

(6) Chapter 3 is amended by adding thereto a new section F-317.0 to read:

F-317.0 Storage, display or repair.

F-317.1 General: It shall be unlawful to store, display or repair in or on a building or structure, or any part thereof, any vehicle, tool or equipment that has a fuel tank containing a flammable or combustible liquid or a liquefied petroleum gas as a source of fuel, unless the building or structure is built and maintained in accordance with the requirements of the Uniform Statewide Building Code, and this code, for such storage, display or repair; provided, that this section shall not apply to single-family dwellings where the storage, display or repair is not conducted as a business.

(7) Chapter 4, subsection F-403.1 is amended to read:

F-403.1 General: A person shall not cause or allow open burning unless approved in accordance with this code and the air pollution control code (chapter 1 of title 11 of the city code) of the city. No person shall kindle, or authorize to be kindled or maintain any fire in such a manner that it constitutes a danger to public health and safety as determined by the fire marshal.

(8) Chapter 4, subsection F-403.3 is amended to read:

F-403.3 Allowable burning: Open burning shall be allowed without prior notification to the code official for recreational fires, highway safety flares, fires for the training of firefighters under the direction of the fire department, smudge pots and similar occupational needs.

(9) Chapter 4, subsection F-404.1 is amended to read:

F-404.1 General: Any person utilizing a torch or other flame producing device for removing paint, sweating pipe or applying roofing material shall provide at least one portable fire extinguisher with a minimum 4-A rating, or two portable fire extinguishers with a minimum 2-A rating each or a water hose connected to the water supply on the premises where such work is to be done. In all cases, a responsible person shall maintain a fire watch on the premises for at least one hour after the use of the torch or flame producing device. This person shall be at least 21 years of age and shall have access to a means of contacting the fire department in an emergency.


(10) Chapter 4, subsection F-404.2 is amended to read:

F-404.2 Approval: Approval shall be secured from the code official prior to the utilization of a torch or other flame producing device for removing paint, sweating pipe or applying roofing material.

(11) Chapter 5 is amended by adding thereto new subsections F-504.6, F-504.7 and F-504.8 to read:

F-504.6 Fire watch: A fire watch shall be established whenever any fire protection system is unable to provide the protection for which it was designed. This fire watch shall be maintained until the system has been restored to normal operation.

F-504.7 Tampering: It shall be unlawful for any person to tamper with, damage, destroy, or use without just cause or authorization any fire protection system or fire extinguisher installed in any building or structure within the city.

F-504.8 Key repository: Owners of buildings in which fire alarm or fire suppression systems are installed after the date of adoption of this code shall provide a key repository to the satisfaction of the fire marshal. This key repository shall be of a type approved by the fire marshal and shall be located on the exterior of the building, near the main entrance. Keys shall be placed in the repository to allow the fire department access to investigate alarms of fire reported from the building.

(12) Chapter 13, subsection F-1301.2 is amended to read:

F-1302.2 Permit required: Approval shall be obtained from the fire marshal for spraying or dipping operations included within the scope of this chapter utilizing any amount of flammable or combustible liquids on any working day.

(13) Chapter 30 is amended by adding thereto new subsections F-3004.2.1 and F-3004.2.2 to read:

F-3004.2.1 Type 2 magazines: Type 2 magazines may be used for temporary storage of explosives at the site of blasting operations where the amount constitutes not more than one day's supply for use in current operations. All explosives not used in the day's operation shall be returned to a Type 1 magazine at the end of the work day for overnight storage. In no case shall a Type 2 magazine be used for overnight storage. Type 2 magazines shall be allowed only in I-2 zones.

F-3004.2.2 Records: Daily records shall be kept of the amount of explosives received from a supplier and the amount delivered to the magazine. A daily record shall be kept of the amount of explosives removed from the magazine for daily use and the amount returned to the magazine. This record will be kept within the magazine so that, on inspection of the magazine, an inventory for all explosives can be made. The inventory shall be separated as to the different types of explosives stored and used. Forms for these records shall be approved by the fire marshal.

Chapter 31. Fireworks.

F-3101.1 Scope:

(a) This chapter shall apply to fireworks as hereinafter defined in F-3101.2.

(b) Nothing in this chapter shall be construed to prohibit: (i) any resident wholesaler, dealer or jobber to sell at wholesale any fireworks as are not herein prohibited; (ii) the sale of any kind of fireworks, provided they are to be shipped directly out of the state, in accordance with the Department of Transportation (DOT) regulations covering the transportation of explosives and other dangerous articles; (iii) the use of fireworks by railroads or other transportation agencies for signal purposes or illumination; or (iv) the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations or the police department. Fireworks permitted by this section shall be stored in accordance with Chapter 30.

F-3101.2 Definitions: "Fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, chemical reaction, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, model rockets, Roman candles, Daygo bombs, sparklers or other devices containing any explosive or flammable compound, or any tablets or other devices of like construction and any devices containing any explosive; except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap manufactured in accordance with the DOT regulations for packing and shipping as provided therein, and toy pistols, toy cannons, toy canes, toy guns or other devices for use of the caps, the sale and use of which shall be permitted at all times. Pyrotechnics (special fireworks) shall comply with the applicable provisions of Chapter 31.

F-3101.3 Manufacture, sale and discharge of fireworks:

(a) The manufacture of fireworks is prohibited within the city.

(b) It shall be unlawful for any person to store, offer for sale, expose for sale, sell at retail, use or explode any fireworks except as otherwise provided in subsections (c) through (f) of subsection F-3101.3.

(c) The fire marshal shall adopt rules and regulations for the granting of permits for supervised public displays of fireworks. The permits shall be issued upon application to the fire marshal after the filing of a bond by the applicant as provided in subsection F-3101.4. Every such display shall be handled by an experienced and competent operator approved by the fire marshal and shall be of such composition, character and so located, discharged or fired as will, in the opinion of the fire marshal after proper inspection, not be dangerous or hazardous to any property or person.

(d) Applications for permits shall be made in writing at least 30 days in advance of the date of the display. After the permit has been granted, sale, possession, use and distribution of fireworks for display purposes shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(e) The sale, possession, use and distribution of fireworks for display purposes shall be conducted so as to be safe to persons and property. Evidence that the sale, possession, use and distribution of fireworks for display purposes has been conducted in accordance with the applicable provisions of this chapter of the city code and the applicable standards contained chapter 42 of the Virginia Statewide Fire Prevention Code shall be evidence that such sale, possession, use and distribution of fireworks for display purposes provides safety to persons and property.

(f) The fire marshal shall adopt rules and regulations for the use of model rockets. The design, construction and use of model rockets shall be safe to persons and property. Evidence that the design, construction and use of model rockets is in accordance with the current edition of the "Code for Model Rocketry," published by the National Fire Protection Association, shall be evidence that any design, construction and use provides safety to persons and property.

F-3101.4 Bond and responsibility for fireworks display required:

(a) The fire marshal shall require a bond from the permittee in a sum not less than $2,000,000 conditioned on compliance with the provisions of this chapter.

(b) Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefor shall furnish proof of the responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the person, firm or corporation or any agent or employee thereof in such amount, character and form as the fire marshal determines to be necessary for the protection of the public.

F-3101.5 Disposal of unfired fireworks: Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a manner safe for the particular type of fireworks remaining.

F-3101.6 Seizure of fireworks: The fire marshal shall seize, take, remove or cause to be removed at the expense of the owner, all fireworks offered for sale, stored or held in violation of Chapter 31.

(15) Chapter 32 is amended by adding thereto new subsections F-3203.12, F-3203.13, F-3208.12, F-3208.13, F-3208.14, F-3208.15 and F-3210.3 to read as follows:

F-3203.12 Spill prevention plan: The owner or operator of any storage facility comprised of one or more tanks above or below ground with a total capacity of 5,000 gallons or more shall prepare and maintain on site a plan for product spill prevention, control and countermeasures certified by a professional engineer registered in the Commonwealth of Virginia and approved by the fire marshal. The certification of the professional engineer shall be that the plan is in substantial compliance with the spill prevention, control and countermeasures plan requirements of the Environmental Protection Agency contained in part 112 of title 40, Code of Federal Regulations. A plan that has been approved by the Environmental Protection Agency may be submitted to the fire marshal in lieu of one certified by a professional en-gineer.

F-3203.13 Clean-up of spills and leaks: The owner, tenant or other person in control of premises where a spill or leak has occurred shall be responsible for taking immediate and effective countermeasures to contain the spill, clean up the flammable or combustible liquid and dispose of all waste in an approved manner. Upon notification by the city that it has determined that such person lacks the capability or intent to perform these countermeasures, the person notified shall have a reasonable opportunity to elect either to contract with another for the performance of these countermeasures or to join the city in a contract with another for such work. In either case, the person shall pay the entire cost of the work. If a person who has received a notice from the city under this section fails to inform the city of his election within the time specified in the notice, the city may proceed without delay to undertake the required countermeasures, and to charge the owner, tenant or other person in control of the premises the entire cost of such work.

F-3208.12 Monitoring wells: Two permanent monitoring wells shall be installed in opposing corners of the tank field on all new installations after the effective date of this regulation. These wells shall extend to a minimum depth of two feet below the bottom of the tanks in the tank field. These wells shall be a minimum of four inches schedule 40 PVC screen pipe or equivalent and shall be flush with covering surface and covered with standard metal cover and gravel packed to prevent clogging. The screened section shall have a minimum size of .025 inch.

F-3208.13 Tank closure: All underground storage tanks, not exempted by F-2806.10.3, permanently removed from service shall have a site assessment in accordance with the regulations of the Virginia State Water Control Board. A copy of this assessment must be submitted to the fire marshal, and to the Virginia Water Control Board if it so requires. A minimum of three soil samplings should be obtained to complete this assessment. Previously used tanks which are removed from the ground shall not be reinstalled unless the original manufacturer certifies that they are suitable for service. The manufacturer's written certification must be kept on file at the facility and be available for inspection by the fire marshal.

F-3208.14 Product inventory: All buried tanks installed after this regulation is effective shall have provisions for taking direct measurements of readings of content level by the stick method. Liquid levels of storage tanks shall be measured by the operator each day of operation and compared with pump meter readings taken on receipt of the product. These records shall be kept in a log book and be available for reasonable inspection by the fire marshal and/or his representative. Loss of product above normal evaporation (one half of one percent of pump meter sales readings) shall be reported immediately to the fire marshal. Records shall be retained for two years. This period shall be extended upon request of the fire marshal.

F-3208.15 Special equipment: High liquid level gauges or alarm systems as well as pump cut-off devices shall be installed by the owner or the authorized operator in all oil storage tanks wherever in the judgment of the fire marshal there is a possibility that product may be lost by overflowing. Since these emergency devices can fail to operate, their use for spill prevention purposes shall be considered only as auxiliary and supplementary to the use of personnel engaged in a transfer or fill operation.

F-3210.3 Maintenance: Tank vehicles operating within the city while in transit into or out of the city shall be maintained in accordance with the federal regulations contained in parts 390 through 397 of title 49, Code of Federal Regulations. Part 397.3 of title 49 requires that all motor vehicles carrying hazardous materials comply with state and local laws, ordinances and regulations, unless the regulations of the U.S. Department of Transportation apply and are more strict. Pursuant to the authority granted in section 18.2-278.4 of the Code of Virginia (1950), as amended, any duly sworn law enforcement officer of the city, including fire marshals, may halt any tank vehicle which is observed to have a condition or characteristic which indicates that there exists a violation of city, state or federal regulations governing the transportation of hazardous materials. The vehicle may be detained long enough to determine whether the permits required for transporting hazardous materials have been obtained, whether the cargo is secure, and whether the observed condition or characteristic presents an immediate threat of a transportation related spill or other catastrophic event. The tank vehicle may resume operation if it is found to be in good repair and free of leaks in accordance with NFiPA 385. If that finding is not made, the vehicle shall not be detained any longer than necessary for the officer or official to determine that arrangements for the repair of the vehicle where situated or for its removal to a safe place and repair there, whichever in the judgment of the officer or official is appropriate, are made. Upon refusal of the operator to make arrangements required by the officer or official, the vehicle shall be impounded and held until the repair is made or until the officer or official is certain it will be made.

Section 4. That Sections 8-1-2 and 8-1-6 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. 8-1-2 Adoption of the Uniform Statewide Building Code.

There is hereby adopted and incorporated as if fully set out at length herein the Uniform Statewide Building Code ("USBC"), as adopted and promulgated in 1997 by the Virginia Board of Housing and Community Development and as hereafter amended from time to time, including chapter 34 which regulates the maintenance and redevelopment of existing structures and which incorporates the BOCA Property Maintenance Code. The "name of jurisdiction" in the USBC shall be the City of Alexandria, Virginia.

Sec. 8-1-6 Violations and penalties.

(a) Criminal violations. A violation (i) of any section of, or provision in, chapters 2 through 33 of the USBC, incorporated into this chapter by section 8-1-2, or (ii) of any section of, or provision in, chapter 34 of the USBC, also incorporated into this chapter by section 8-1-2, that regulates or relates to the authority to vacate buildings, fire sprinkler systems, single and multiple station smoke detec-tors, automatic sprinkler systems, fire protective signaling systems, fire detection systems, or electrical systems, shall be considered a violation of this chapter, and shall be a misdemeanor. Any person found guilty of any such violation shall, upon conviction, be punished by a fine of not more than $2,500; provided, that a person convicted of a second violation committed within five years following a conviction for a violation of this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500, that a person convicted of a second violation committed more than five but less than 10 years following a conviction for a violation of this chapter shall be punished by a fine of not less than $500 nor more than $2,500, and that a person convicted of a third or additional violation committed within 10 years following a conviction for a violation of this chapter shall be punished by a fine of not less than $1,500 nor more $2,500; and provided further, that the provisions in the foregoing proviso requiring a minimum fine shall apply only to convictions for violations which cause a building or structure to be unsafe or unfit for human habitation.

(b) Civil violations. A violation of any section or provision of chapter 34 of the USBC that does not regulate or relate to the matters specifically set out in subsection (a) shall be a civil violation that shall be enforced through the levying of a civil penalty, pursuant to section 1-1-11 of this code, of $100 for a person's first violation and of $150 for each subsequent violation of the same section or provision. Each day during which a violation exists shall constitute a separate violation. However, a series of violations arising from the same operative set of facts shall not give rise to the levying of a civil penalty more frequently than once in any 10-day period, and shall not result in civil penalties exceeding a total of $3,000. Any section or provision of chapter 34 of the USBC whose violation is hereby designated a civil violation shall not be penalized by a criminal sanction and, except for any violation resulting in injury to persons, may not give rise to criminal prosecution.

(c) Injunctive relief. A violation of any section or provision of the USBC, incorporated into this chapter by section 8-1-2 may, in addition to and notwithstanding the penalty provided for in subsection (a) or (b), be restrained, prohibited or enjoined by appropriate proceedings in a court of competent jurisdiction.

Section 5. That Section 8-1-5 of the Code of the City of Alexandria, Virginia, 1981, be, and the same hereby is, repealed.

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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to repeal certain provisions of the city code relating to filling stations which have been superseded by the Virginia statewide fire prevention code. (#19 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 30, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/14/97, 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 "aye"
Donley "aye" Rich out of room
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3930

AN ORDINANCE to amend and reordain Section 9-7-3 (INSTALLATION AND OPERATION) and Section 9-7-20 (DISPLAY OF PRICES ON SIGNS; ENFORCEMENT; PENALTY), and to repeal Section 9-7-5 (PERMITS FOR INSTALLATION OF AIR AND WATER LINES), Section 9-7-6 (DRAINAGE OF DRIVEWAYS), Section 9-7-7 (WHERE OPEN FLAME DEVICES PROHIBITED), Section 9-7-8 (WHERE STORAGE OR DISPLAY OF FLAMMABLE MATERIALS PROHIBITED), Section 9-7-9 (FIRE FIGHTING EQUIPMENT), Section 9-7-10 (SHUTTING OFF MOTORS DURING FUELING), Section 9-7-11 (SMOKING), Section 9-7-12 (DISPENSING OR GAUGING DEVICES GENERALLY), Section 9-7-14 (SAME--USE OF DISPENSING DEVICES), Section 9-7-15 (SAME--SHUT-OFF SWITCH), Section 9-7-17 (CONTROL OF DISPENSING LIQUIDS), Section 9-7-18 (QUALIFIED ATTENDANTS REQUIRED), and Section 9-7-19 (USE OF SKATES, ETC., BY ATTENDANTS), all of Chapter 7 (FILLING STATIONS), 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 Section 9-7-3 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. 9-7-3 Installation and operation.

The installation and operation of gasoline filling stations shall conform in all respects to title 4, chapter 2 of this code relative to fire prevention, and title 8, chapter 1 of this code relative to construction and maintenance.

Section 2. That Section 9-7-20 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. 9-7-20 Display of prices on signs; enforcement; penalty.

(a) Each gasoline supplier shall provide and each retail dealer shall maintain and display publicly at least six feet above grade or eight feet above a sidewalk, on a post or pole, located upon the premises under the control of the retail dealer, price signs that are seen easily from the street and that face both directions of traffic on the nearest public street or way. Such signs shall state the total price per gallon, including all taxes, of no less than two, but no more than three of the motor fuels available at the premises. All figures, including fractions, upon such signs shall be of the same size and shall be block type, and shall be a minimum of eight inches, and a maximum of 12 inches high, with a stroke width of two inches. The figures shall be in black print on a white or light colored background; provided, however, that the city manager, or the designee of the manager, may, on a case-by-case basis, grant a limited variation in such color requirements if he or she finds that the variation will meet the spirit and intent of this section and will provide the same degree of protection to consumers as is afforded by the color scheme specified above. The sign shall be no less than three feet in width and no less than four feet in height, shall be no greater than four feet in width and five feet in height, and shall be only square or rectangular in shape. Such sign shall be counted against the total free-standing sign allowance provided under current zoning ordinances.

(b) Where more than one type (e.g., leaded, unleaded, gasohol or diesel), or one grade (e.g., regular or premium), or a range of grades of motor fuel is offered for sale by the dealer, the type and grade of the motor fuel shall be displayed next to the price charged for that type and grade, with the price for regular gasoline being placed at the top of the sign, followed by the price for unleaded gasoline. Where more than one type of service is provided (e.g., full or self-service), only one set of prices for one of the services offered shall be required to be stated in the signs. Each sign shall state whether its prices are for self-serve or full-serve.

(c) Wherever the figures and fractions used in any price-computing mechanism constituting a part of a motor fuel pump or dispensing device are calibrated on the basis of the metric system (e.g., price per liter rather than price per gallon), there shall be posted on the premises in a place open and convenient to the public a metric-to-gallon price conversion table or equation adopted by the consumer affairs commission. Use of said table or equation to compute the figures and fractions for the price per gallon to be stated in the price signs shall be deemed acceptable for the purposes of this section.

(d) No signs relating to the price of motor fuel or other products sold by any retail dealer shall be posted or displayed on or about the premises which shall violate any provision of the city code, as amended, or law of the state or which shall constitute a traffic or driving hazard, or which shall mislead the public, or in any way tend to constitute a fraud upon the public.

(e) The figures and fractions used in any price-computing mechanism constituting a part of any pump or dispensing device may be set to measure and compute on the basis of price per gallon, half-gallon, metric liter or other measure, so long as it is done in accordance with state and federal law.

(f) No signs stating or relating to the prices of motor fuel, and no signs designed or calculated to cause the public to believe that they state or relate to the price of motor fuel, other than the signs required by this section or referred to in the following section shall be posted or displayed on or about the premises, where motor fuel is sold at retail and within view from any public highway or reservation.

(g)(1) The provisions of this section may be enforced by the Office of Consumer Affairs of the City of Alexandria pursuant to section 12-7-2 of the city code and by written notice of violation served upon the owner, the owner's duly authorized agent or the manager of the premises where the violation has occurred. Said notice shall require compliance within a specified time period, depending upon the nature and circumstances of the violation, and in no event more than seven calendar days from the date of the notice.

(2) The notice of violation may be served by delivering it in person to one or more of the aforesaid persons, by mailing it by certified mail to one or more of their last known post office addresses, by delivering it to and leaving it in the possession of any person in charge of the premises, or, if such a person is not found upon the premises, by affixing a copy of it in a conspicuous place at the entrance door to the premises. Such procedure shall be deemed the equivalent of personal notice.

(h) Any person who violates a provision of this section and any person who, having been served with a notice of violation, fails to comply with such notice within the time limit therein specified, shall, upon conviction, be punished by a fine of not more than $100. Each day that any violation is allowed to continue shall constitute a separate and distinct offense.

Section 3. That Section 9-7-5, Section 9-7-6, Section 9-7-7, Section 9-7-8, Section 9-7-9, Section 9-7-10, Section 9-7-11, Section 9-7-12, Section 9-7-14, Section 9-7-15, Section 9-7-17, Section 9-7-18 and Section 9-7-19 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, repealed.

Section 4. That Section 9-7-13, Section 9-7-16, Section 9-7-20, Section 9-7-21 and Section 9-7-22 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, renumbered to Section 9-7-5, Section 9-7-6, Section 9-7-7, Section 9-7-8 and Section 9-7-9, respectively.

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

37. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the city code relating to the control of rodents by transferring the responsibility for administering and enforcing these code provisions from the department of transportation and environmental services to the bureau of code enforcement. (#20 6/10/97) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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






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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3931

AN ORDINANCE to amend and reordain Section 11-6-1 (DEFINITIONS), Section 11-6-3 (INSPECTIONS; NOTICE OF EVIDENCE OF RAT INFESTATION, RAT HARBORAGE OR INADEQUATE RATPROOFING), Section 11-6-4 (COMPLIANCE WITH NOTICE TO RATPROOF), Section 11-6-5 (COMPLIANCE WITH NOTICE AS TO RAT ERADICATION), Section 11-6-6 (COMPLIANCE WITH NOTICE AS TO RAT HARBORAGE), Section 11-6-8 (STORAGE OF FOOD AND FEED), Section 11-6-9 (FEEDING OF BIRDS OR POULTRY), Section 11-6-10 (CONTAINERS FOR GARBAGE, ETC.; USE OF DUMPS), Section 11-6-14 (PROCEDURE AS TO DEMOLITION, MOVING OR REMOVING OF BUILDING), Section 11-6-15 (EMERGENCY ABATEMENT OF RAT INFESTATION), Section 11-6-16 (RULES AND REGULATIONS), and Section 11-6-17 (ENFORCEMENT OF CHAPTER), of Chapter 6 (RAT CONTROL), Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 11-6-1, Section 11-6-3, Section 11-6-4, Section 11-6-5, Section 11-6-6, Section 11-6-8, Section 11-6-9, Section 11-6-10, Section 11-6-14, Section 11-6-15, Section 11-6-16 and Section 11-6-17 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. 11-6-1 Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall for the purpose of this chapter, have the meanings indicated in this section:

(1) Building. Any structure or dwelling, whether public or private, which is devoted to or designed for occupancy of any kind, or for the transaction of business of any nature, for the rendering of professional service, for amusement, for the display, sale or storage of goods, wares or merchandise, or for the performance of work or labor, including hotels, apartment buildings, roominghouses, office buildings, public buildings, stores, theaters, markets, restaurants, ware-houses, workshops, factories and all other houses, sheds, and other structures on premises used for business or dwelling purposes, whether they are occupied or not.

(2) Occupant. The person using or occupying any building or part thereof, whether owner or tenant. In the case of vacant buildings or vacant portions thereof, the owner, agent or custodian shall have the responsibility as occupant.
(3) Owner. The person who is the actual owner, agent or custodian of the building and also the lessee thereof when, under the terms of a lease the lessee is responsible for maintenance and repair.

(4) Person. The word "person" shall include one or more natural persons, associations, partnerships, corporations, syndicates, societies, clubs, lodges, trustees, fiduciaries or any group of the foregoing operating or doing business as a single organization.

(5) Rat. The word "rat" or any term including the word "rat" shall include mice.

(6) Rat eradication. The elimination or extermination of rats within and without buildings and from rat harborages of any kind by any or all of the accepted measures, such as baiting, fumigation, trapping, etc., so that the buildings and rat harborages are completely freed of rats and there is no evidence of rat infestation remaining.

(7) Rat harborages. Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside of a building of any kind.

(8) Ratproofing. A form of construction preventing the ingress of rats into buildings from the exterior or from one building to another. It consists essentially of treating or closing all actual or potential openings in the exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by rats from the ground by climbing or by burrowing, with material or equipment which is impervious to rat gnawing.

(9) Code official. The person designated to enforce chapter 34 of the Uniform Statewide Building Code which is incorporated into the city code by section 8-1-2.

Sec. 11-6-3 Inspections; notice of evidence of rat infestation, rat harborage or inadequate ratproofing.

(a) The code official is empowered to make inspections of the interior and exterior of buildings and other areas in order to ascertain whether there is evidence of rat infestation, rat harborage or inadequate ratproofing. When such conditions are found to exist, notice thereof shall be given as hereinafter provided.

(b) The code official is further empowered to make additional inspections from time to time to determine whether the conditions stated in any notice are being or have been remedied, and whether rat control measures are being continuously maintained in a satisfactory manner.

Sec. 11-6-4 Compliance with notice to ratproof.

Upon receipt of written notice from the code official to the effect that there appears to be inadequate ratproofing or no ratproofing, the owner of any building specified therein shall take immediate steps to ratproof the building. Unless the work and improvements necessary to ratproof the building shall be completed by the owner in time specified in the notice, which in no event shall be less than 15 days, or within the time to which a written extension may have been granted by the code official then the owner shall be punished as provided in section 1-1-7 of this code.


Sec. 11-6-5 Compliance with notice as to rat eradication.

Whenever the code official notifies in writing the occupant of any building or premises that there is evidence of rat infestation of the building, the occupant shall immediately institute rat eradication measures and shall continuously maintain such measures in a satisfactory manner until the building or premises is rat-free or the code official advises that there is no evidence of rat infestation. Unless such measures are taken within five days after receipt of the notice, the occupant shall be punished as provided in section 1-1-7 of this code.

Sec. 11-6-6 Compliance with notice as to rat harborage.

Whenever conditions in, under or outside any building provide harborage for rats, the code official is empowered to notify in writing the owner or occupant to remove, abate, suspend, alter or otherwise correct such rat harborage with-in the time specified in the notice, which in no event shall be less than 15 days, or within the time to which a written extension may have been granted. Failure to comply with this notice within the time specified shall be punished as provided in section 1-1-7 of this code.

Sec. 11-6-8 Storage of food and feed.

All food and feed within the city for feeding dogs, cats, birds and other animals shall be stored in rat-free and ratproof containers, compartments or rooms unless stored in a ratproof building.

Sec. 11-6-9 Feeding of birds.

When feeding birds the feed shall be placed on raised platforms or in some other manner so that it will not be accessible to rats. The feed shall not be spread upon the ground or any place or in any manner that would allow it to be accessible to rats. Bird feeders shall be elevated at least 18 inches above the ground and shall be inaccessible to rats.

Sec. 11-6-10 Containers for garbage, etc.; use of dumps.

Within the city, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in approved waste containers as provided in title 5, Chapter 1 of this code. No person shall dump on any premises, land or place, public or private, any dead animals, waste vegetable or animal matter of any kind, except on official city disposal sites or other places authorized by the code official.

Sec. 11-6-14 Procedure as to demolition, moving or removing of buildings.

When any person desires to demolish, move or remove, in whole or in part, any building, he shall first obtain a certificate from the code official, stating that rat eradication measures have been taken and that the premises are free of rats before a permit to demolish, move, or remove the building will be issued by the building inspector. Upon completion of the demolition or removal of the building, it shall be the duty of the owner to eliminate all rat harborages from the premises and to maintain the premises in a rat-free condition. If the proposed demolition or removal of a building, or part thereof, is not commenced within 60 days after the issuance of the certificate by the code official, the certificate shall be deemed null and void, and before proceeding with the demolition or removal a new certificate shall be obtained.

Sec. 11-6-15 Emergency abatement of rat infestation.

Whenever the code official shall find that a public health emergency exists because of the infestation of a building, structure, dump or any premises by rats which is likely to cause plague, typhus fever, rat-bite fever or other disease to be spread to residents of the city, he may summarily abate such condition of infestation by rats without prior notice to owners or occu-pants.

Sec. 11-6-16 Rules and regulations.

The code official is empowered to adopt rules and regulations to aid in the construction and enforcement of this chapter which are not inconsistent with the terms and provisions hereof. It shall be unlawful for any person to fail to comply with such rules and regulations.

Sec. 11-6-17 Enforcement of chapter.

(a) The code official of the city or his authorized representative shall be responsible for the enforcement of the provisions of this chapter.

(b) The city manager may, upon the request of the code official, allocate such resources and personnel of the city as he may deem necessary to assist the code official in the enforcement of any provisions of this chapter as the city manager shall specifically designate.

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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

38. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to implement a "red light camera enforcement" demonstration program, pursuant to which cameras will be installed at one or more intersections in the city and citations will be issued to motorists who, by photograph, are shown to have failed to stop at a red light. (#21 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/14/97, 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 Speck, seconded by Councilman Euille and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3932

AN ORDINANCE to add a new Section 10-3-833.01 (PHOTO-MONITORING OF TRAFFIC LIGHT SIGNALS), to Chapter 3 (OPERATION OF VEHICLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-833.01 to read as follows:

Sec. 10-3-833.01 Photo-monitoring of traffic light signals.

(a) It shall be unlawful for the operator of a motor vehicle to fail to stop or remain stopped when directed to do so by a steady red traffic light signal.

(b) For the purposes of this section, the following words shall have the meanings set out below:

(1) "System" means a traffic light signal violation-monitoring system that operates by means of a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time that the operator of the vehicle fails to stop or remain stopped at a steady red traffic light signal in violation of this section.

(2) "Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles, other than a vehicle rental or vehicle leasing company.

(c) The city manager or the manager's designee may install and operate a System at no more than three intersections in the city, for the purpose of imposing monetary liability on the operator of a motor vehicle for failure to stop or remained stopped at a steady red traffic light signal.

(d) Proof of violation; presumption.

(1) Proof of a violation of this section shall be evidenced by information obtained from the System. A certificate, or a facsimile thereof, sworn to or affirmed by a technician employed by the city, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by the System, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate liability for a violation of this section.

(2) Prima facie evidence that the vehicle described in the summons issued pursuant to subsection (f) was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that the defendant was the person who committed the violation. This presumption shall be rebutted (i) if the registered owner of the vehicle either files an affidavit by regular mail with the city manager or the manager's designee, or, following service of a summons under section 19.2-76.3 of the Virginia Code, with the clerk of the general district court, that he was not the operator of the vehicle at the time of the alleged violation, or testifies in open court under oath that he was not the operator of the vehicle at the time of alleged violation, or (ii) if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation, is filed with the city manager or the manager's designee, or, following service of a summons under section 19.2-76.3 of the Virginia Code, with the clerk of general district court prior to the return date established on said summons.

(e) The operator of a vehicle shall be liable for a monetary penalty of up to $50 if the operator is found, as evidenced by information obtained from the System, to have failed to comply with a steady red traffic light signal. No monetary penalty imposed under this section shall include court costs. Imposition of a penalty under this section shall not be deemed a conviction as an operator, and shall not be made part of the operating record of the person upon whom such liability is imposed; nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.

(f) A summons for a violation of this section may be executed pursuant to section 19.2-76.2 of the Code of Virginia (1950), as amended. Notwithstanding the provisions of section 19.2-76 of the Virginia Code, a summons for a violation of this section may be executed by mailing by first-class mail a copy of the summons to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles. If the summoned person fails to appear on the date of return set out in the mailed summons, the summons shall be executed in the manner set out in section 19.2-76.3 of the Virginia Code. No proceedings for the contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons.

Section 2. That nothing in this ordinance is intended to amend, modify or affect section 10-4-833 of The Code of the City of Alexandria, Virginia, 1981, as amended.








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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

39. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code provisions relating to parking in spaces designated for the handicapped (i) by changing the penalty for unauthorized parking in such spaces from a fixed penalty of $100 to a penalty ranging from $100 to $500, and (ii) by imposing penalties for the unauthorized or fraudulent use of a handicapped parking permit. (#22 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/14/97, 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 Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"
ORDINANCE NO. 3933

AN ORDINANCE to add a new Section 10-3-1240 (DEFINITIONS), Section 10-3-1242 (PARKING IN SPACES RESERVED FOR PERSONS WITH A DISABILITY), Section 10-3-1247 (COUNTERFEITING DISABLED PARKING LICENSE PLATES OR PLACARDS), Section 10-3-1248 (USE OF COUNTERFEIT DISABLED PARKING LICENSE PLATES OR PLACARDS) Section 10-3-1249 (ALTERATION OF DISABLED PARKING LICENSE PLATES OR PLACARDS), Section 10-3-1250 (UNAUTHORIZED USE OF DISABLED PARKING LICENSE PLATES OR PLACARDS), Section 10-3-1251 (FRAUDULENTLY OBTAINING DISABLED PARKING LICENSE PLATE OR PLACARD), Section 10-3-1252 (SELLING OR EXCHANGING A DISABLED PARKING LICENSE PLATE OR PLACARD) and Section 10-3-1253 (PROVIDING A DISABLED PARKING LICENSE PLATE OR PLACARD), to Article B (RECKLESS DRIVING, SPEEDING, ETC.), Chapter 3 (OPERATION OF VEHICLES), and to repeal Section 10-4-19 (PARKING IN SPACES RESERVED FOR HANDICAPPED PERSONS) of Chapter 4 (STOPPING, STANDING AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC), and to amend and reordain subsection (a)(19) of 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), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1240 to read as follows:

Sec. 10-3-1240 Definitions.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1240 of the Virginia Code, as amended, which sets out the definitions to be used in conjunction with statutes and ordinances affecting parking for persons with disabilities, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 2. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1242 to read as follows:

Sec. 10-3-1242 Parking in spaces reserved for persons with a disability.

(a) It shall be unlawful:

(1) for any person to park a vehicle that does not display disabled parking license plates, or an organizational, permanent or temporary removable windshield placard, issued by the department of motor vehicles, or by another state or country, for the purpose of identifying vehicles permitted to use parking spaces reserved for persons with a disability, in a parking space reserved for persons with a disability; or

(2) for any person who is not limited or impaired in his ability to walk to park a vehicle that displays disabled parking license plates, or an organizational, permanent or temporary removable windshield placard, issued by the department of motor vehicles, or by another state or country, for the purpose of identifying vehicles permitted to use parking spaces reserved for persons with a disability, in a parking space that is reserved for persons with a disability, except when transporting a person with such a disability in the vehicle.

(b) In any prosecution charging a violation of this section, proof that the vehicle described in the parking ticket, citation or summons was parked in violation of the section, together with proof of the registered owner of the vehicle at the time of the violation, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.

(c) The penalty for the violation of this section shall be a fine of not less than $100 nor more than $500.


(d) Parking spaces reserved for persons with a disability shall be identified by above-grade signs meeting the requirements of section 36-99.11 of the Code of Virginia (1950), as amended; provided, that no violation of this section shall be dismissed because of a property owner's failure to comply strictly with those requirements, so long as the parking space in question is clearly distinguishable as a space reserved for persons with a disability.

Section 3. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1247 to read as follows:

Sec. 10-3-1247 Counterfeiting disabled parking license plates or placards.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1247 of the Virginia Code, as amended, which relates to the counterfeiting of disabled parking license plates or placards, is hereby adopted and incorporated in its entirety, including its penalty provision, into this chapter as if it were fully set forth herein.

Section 4. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1248 to read as follows:

Sec. 10-3-1248 Use of counterfeit disabled parking license plates or placards.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1248 of the Virginia Code, as amended, which relates to use of counterfeit disabled parking license plates or placards, is hereby adopted and incorporated in its entirety, including its penalty provision, into this chapter as if it were fully set forth herein.

Section 5. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1249 to read as follows:

Sec. 10-3-1249 Alteration of disabled parking license plates or placards.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1249 of the Virginia Code, as amended, which relates to the alteration of disabled parking license plates or placards, is hereby adopted and incorporated in its entirety, including its penalty provision, into this chapter as if it were fully set forth herein.

Section 6. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1250 to read as follows:

Sec. 10-3-1250 Unauthorized use of disabled parking license plates or placards.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1250 of the Virginia Code, as amended, which relates to the unauthorized use of disabled parking license plates or placards, is hereby adopted and incorporated in its entirety, including its penalty provision, into this chapter as if it were fully set forth herein.

Section 7. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1251 to read as follows:

Sec. 10-3-1251 Fraudulently obtaining disabled parking license plate or placard.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1251 of the Virginia Code, as amended, which relates to the making of a false statement to obtain, or assist a person in obtaining, a disabled parking license plate or placard, is hereby adopted and incorporated in its entirety, including its penalty provision, into this chapter as if it were fully set forth herein.

Section 8. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1252 to read as follows:

Sec. 10-3-1252 Selling or exchanging a disabled parking license plate or placard.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1252 of the Virginia Code, as amended, which relates to the sale or exchange for consideration of a valid, altered or counterfeit disabled parking license plate or placard, is hereby adopted and incorporated in its entirety, including its penalty provision, into this chapter as if it were fully set forth herein.

Section 9. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-1253 to read as follows:

Sec. 10-3-1253 Providing a disabled parking license plate or placard.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-1253 of the Virginia Code, as amended, which relates to knowingly providing to another person, without sale or exchange for consideration, a valid, altered or counterfeit disabled parking license plate or placard, is hereby adopted and incorporated in its entirety, including its penalty provision, into this chapter as if it were fully set forth herein.

Section 10. That Section 10-4-19 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, repealed.

Section 11. That subsection (a)(19) of Section 3-2-354 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:

(a)(19) $125 for a violation of subsection (a) of section 10-4-1242, "Parking in spaces reserved for persons with a disability";

Section 12. That section 1-1-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, shall apply to this ordinance.




Section 13. That this ordinance shall become effective on July 1, 1997.

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

40. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by reducing the personal property tax rate on vehicles weighing more than 10,000 pounds. (#23 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 29, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/14/97, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3934

AN ORDINANCE to amend and reordain Section 3-2-224 (LEVIED ON AUTOMOBILES, TRUCKS, TAXICABS, MOTORCYCLES, CAMPERS AND OTHER RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS--AMOUNT), and to repeal Section 3-2-224.1 (LEVIED ON MOTOR VEHICLES WITH SPECIALLY DESIGNED EQUIPMENT FOR USE BY THE HANDICAPPED), of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), 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 3-2-224 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. 3-2-224 Levied on automobiles, trucks, trailers, semi-trailers, taxicabs, motorcycles, campers and other recreational vehicles, boats and boat trailers--amount.

(a) Except as provided in subsections (b) and (c), there shall be levied and collected for the calendar year 1997 on all automobiles, trucks, trailers, semi-trailers, taxicabs, motorcycles, campers and other recreational vehicles, boats and boat trailers owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs for taxation in the city, a tax of $4.75 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(b) There shall be levied on and collected for the calendar year 1997 on all automobiles, trucks, trailers and semi-trailers with a gross vehicle weight of 10,000 pounds or more which are used to transport property for hire by a motor carrier engaged in interstate commerce, and are owned or held by residents or citizens of the city, are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $4.50 on every $100 of assessed value- thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(c) There shall be levied on and collected for the calendar year 1997 on all automobiles and trucks which are equipped with specially designed equipment for use by the handicapped and are owned or held by residents or citizens of the city, are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $3.55 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 2. That section 3-2-224.1 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, repealed.

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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

41. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the city code relating to graffiti by providing that the city can abate a graffiti nuisance after reasonable notice to the property owner, and by enhancing the penalty for graffiti vandalism. (#24 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 29, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/14/97, 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:

Robert N. Hills, 1100 Janneys Lane, representing the National Council to Prevent Delinquency, Anti-Graffiti Project, spoke in support and provided a lot of insight into this issue.

Council Member Walker stated that if we are not going to have kids out cleaning up their own graffiti, we could do preventive measures or maybe that could be part of a package that could be worked up for juveniles.

Mayor Donley asked Mr. Mills, within his capacity with the National Council to Prevent Delinquency, Anti-Graffiti Project, for some material or information that he could share with our Legislative Liaison or with representatives of our Court Services Unit. He asked that there be some type of dialogue where we could either potentially look at some legislation that can be taken down to Richmond that might help in this regard, or possibly some alternative administrative procedures at Court Services.

Mr. Mills stated that they have what he believes to be the largest collection of municipal program and ordinance language on this issue in the country, and would be happy to share that with the City. He indicated that dealing with the behavior and with the child has been more effective than painting something on the wall to which graffiti does not stick.

Councilman Cleveland mentioned the graffiti under the Duke Street Bridge that needs to be removed.

Deputy City Manager Steele indicated that CSX, owner of the property, has been notified about this problem.

City Attorney Sunderland suggested one change to the ordinance on page 2, Section 11-12-6, after the words "community service" add a comma and insert "or both,".

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

Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3935

AN ORDINANCE to amend and reordain Section 11-12-3 (ABATEMENT OF GRAFFITI NUISANCE), Section 11-12-5 (PENALTIES) and Section 11-12-6 (RESTITUTION BY PERPETRATOR), of Chapter 12 (GRAFFITI ABATEMENT), Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS), and Section 13-1-19 (INJURING; REMOVING OR DESTROYING PROPERTY -- GENERALLY), of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES), and to further amend said Chapter 1 of Title 13 by adding thereto a new section 13-1-19.1 (VANDALISM AND GRAFFITI), all of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 11-12-3 of The Code of the City of Alexandria, Virginia, 1981, be, and the same hereby is, amended to read as follows:

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

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

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

(c) Waiver of liability. The failure of the recipient of a notice given pursuant to subsection (a) to comply with the notice by removing or effectively obscuring such graffiti within 10 days shall be deemed a waiver of any claim by or on behalf of the notice recipient or, if different, the owner of the property, against the City of Alexandria for damage to the property arising out of the work of removing or obscuring the graffiti.

Section 2. That Section 11-12-5 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

Sec. 11-12-5 Penalties.

(a) Any person who commits a violation of sec-tion 11-12-2(a) shall be punished as provided in section 13-1-19.1 of this code or in sections 18.2-137 or 18.2-138 of the Code of Virginia, 1950, as amended.

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

Section 3. That Section 11-12-6 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

Sec. 11-12-6 Restitution or community service.

Restitution or community service, or both, by a person who has been found guilty of a violation of section 11-12-2(a) shall be ordered as provided in section 13-1-19.1 of this code or section 19.2-305.1 of the Code of Virginia, 1950, as amended.

Section 4. That Section 13-1-19 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

Sec. 13-1-19 Removing property--generally.

It shall be unlawful for any person willfully or maliciously to remove without authority any property of the city wherever situated or the private property of any person. Any person violating this section shall be guilty of a class 1 misdemeanor. Any person removing city property in violation of this section
shall be respon-sible for the cost of replacing the property.

Section 5. That Chapter 1 of Title 13 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 to read as follows:

Sec. 13-1-19.1 Vandalism and Graffiti.

(a) It shall be unlawful for any person willfully or maliciously to destroy, damage, injure or deface, in whole or in part, any public building, public facility, or publicly-owned personal property.

(b) It shall be unlawful for any person willfully or maliciously to destroy, damage, injure or deface, in whole or in part, any private building, private facility or privately-owned personal property; provided, that the provisions of this subsection shall not be applicable in the event the damage to such private property is $1,000 or greater. The amount of damage caused by the destruction, damage, injury or defacing of such private property may be established by proof of the fair market cost of repair or fair market replacement value of the property.

(c) Any person violating the provisions of this section shall be guilty of a class 1 misdemeanor.


(d) Upon a finding of guilt of a violation of this section in any case tried before the court without a jury, in the event the violation constitutes a first offense under this section which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service work as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Such discharge and dismissal shall be without adjudication of guilt, and shall be a conviction only for the purpose of applying this section in subsequent proceedings.

(e) Community service work, to the extent feasible, shall include the repair, restoration or replacement of damage or defacement to property within the city, and may include clean-up, beautification, landscaping or other similar community service work within the city. The sheriff of the city shall supervise the performance of any community service work required and report thereon to the court imposing such requirement. At or before the time of sentencing a defendant convicted for violating this section, the court shall receive and consider any plan for making restitution or performing community service work submitted by the defendant. The court shall also receive and consider the recommendations of the city manager concerning the plan.

(f) Notwithstanding any other provision of law, no person convicted for a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or has been compelled to perform community service work, or both, as is more particularly set forth in section 19.2-305.1 of the Code of the Virginia, 1950, as amended.

(g) Nothing in this section shall be deemed to affect the intake and other procedures, including disposition, of the juvenile and domestic relations court where the perpetrator of a violation is subject to the jurisdiction of said court.

Section 6. That this ordinance shall become effective July 1, 1997.

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *







42. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to require the fingerprinting of applicants for concealed weapons permits. (#25 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 29, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 6/14/97, and is incorporated herewith as part of this record by reference.)

The City Attorney explained the changes to the substitute Ordinance as follows: In section 13-2-1 (a), third line strike the words "pistol, revolver" and insert the word "handgun"; and on page 3 paragraph (d) should read as follows: "This section's prohibition against the carrying of any handgun shall not apply to any person possessing a valid concealed handgun permit issued pursuant to and in accordance with section 18.2-308 of the Code of Virginia (1950), as amended. For purposes of this section, "handgun" means any pistol or revolver or other firearm, except a machine gun, originally designed, made and intended to fire a projectile by means of an explosion from one or more barrels when held in one hand."

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

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

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 3936

AN ORDINANCE to amend and reordain Section 13-2-1 (CONCEALED WEAPONS), Chapter 2 (WEAPONS), Title 13 (MISCELLANEOUS OFFENSES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 13-2-1 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. 13-2-1 Concealed weapons.

(a) Except as provided in subsections (a) through (d), any person who carries about his person, hidden from common observation, any handgun or other weapon designed or intended to propel a missile of any kind, dirk, bowie knife, switch-blade knife, ballistic knife, razor, slingshot, spring stick, metal knucks, black-jack, any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nunchuck, nunchaku, shuriken or fighting chain, disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, shall be guilty of a class 1 misdemeanor, and such weapon shall, by order of the court, be forfeited to the city and may be seized by an officer as forfeited, and any forfeited weapons that may be needed for police officers and conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge.

(b) This section shall not apply to the following persons and, where noted, only when engaged in certain activities:

(1) any person while in his own place of abode or the curtilage thereof; and

(2) any police officers, sheriffs, deputy sheriffs or regular game wardens appointed pursuant to section 29.1-200, et seq., of the Code of Virginia (1950), as amended;

(3) any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range provided that the weapons being carried are unloaded and securely wrapped while being transported;

(4) any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition provided that the weapons are unloaded and securely wrapped while being transported;

(5) any person carrying such weapons between his place of abode and a place of purchase or repair provided the weapons are unloaded and securely wrapped while being transported;

(6) any person actually engaged in lawful hunting, as authorized by the state board of game and inland fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions; and

(7) any state police officer who has retired from the department of state police and any local law enforcement officer who has retired from a police department or sheriff's office within the commonwealth, who retired with a service disability or following at least 15 years of service, excluding any person terminated for cause; provided, that such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law enforcement officer of the agency from which the officer retired.

(c) This section shall not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:

(1) carriers of the United States mail;

(2) officers or guards of any state correctional institution;

(3) campus police officers appointed pursuant to section 23-232, et seq., of the Code of Virginia (1950), as amended;

(4) conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed weapon without obtaining a permit therefor:

a. notaries public;

b. registrars;

c. drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire;

d. commissioners in chancery; and

e. noncustodial employees of the department of corrections designated to carry weapons by the secretary of public safety or the director of the department of corrections pursuant to section 53.1-29 of the Code of Virginia (1950), as amended;

(5) law enforcement agents of the armed forces of the United States and federal agents who are otherwise authorized to carry weapons by federal law while engaged in the performance of their duties; and

(6) law enforcement agents of the United States naval criminal investigative service.

(d) This section's prohibition against the carrying of any handgun shall not apply to any person possessing a valid concealed handgun permit issued pursuant to and in accordance with section 18.2-308 of the Code of Virginia (1950), as amended. For purposes of this section, "handgun" means any pistol or revolver or other firearm, except a machine gun, originally designed, made and intended to fire a projectile by means of an explosion from one or more barrels when held in one hand.

(e) Any person who applies to the clerk of the Alexandria Circuit Court for a permit to carry a concealed handgun, under section 18.2-308 of the Code of Virginia (1950), as amended, shall, as part of the application process, submit to fingerprinting by the chief of police and provide personal descriptive information as required by the chief of police. The applicant's fingerprint cards and personal descriptive information shall be forwarded by the chief of police to the Virginia state police for a state criminal history records check. The state police shall forward a fingerprint card and the descriptive information to the Federal Bureau of Investigation for a national criminal history records check. Upon completion of the state and national criminal history records checks, the state police are to return the fingerprint cards to the chief of police. Following the completion of the records checks, the chief of police shall notify the applicant in writing that he has 21 days from the date of the notice to request the return of the fingerprint cards prepared pursuant to this section that are in the possession of the police department. Any cards not claimed by an applicant within this 21-day period shall be destroyed. Fingerprints taken for the purposes described in this section shall not be copied, held or used for any other purpose.













Section 2. That this ordinance shall become effective upon July 1, 1997.

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

43. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city Zoning Ordinance to prohibit the removal of any non-required parking space in the Old and Historic Alexandria District to accommodate additional residential building. (#26 6/10/97) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Charles L. Trozzo, 309 Duke Street, spoke in support.

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3937

AN ORDINANCE to amend and reordain Section 8-200 (GENERAL PARKING REQUIREMENTS) of Article VIII (OFF-STREET PARKING AND LOADING) of the City of Alexandria Zoning Ordinance, by adding thereto a new Subsection (G) (REMOVAL OF SPACE IN OLD AND HISTORIC ALEXANDRIA DISTRICT) (TA NO. 97-03).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 8-200 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Subsection G to read as follows:

(G) Removal of Parking Space in Old and Historic Alexandria District.


Within the Old and Historic Alexandria District, a non-required parking space on the same lot as a residential building, or on a contiguous lot under common ownership with a residential building, may not be removed if the removal is for the purpose of gaining open space to support a building addition. For the purpose of this subsection, a parking space is an area of land which is at least 8 feet by 16 feet and which is either (a) improved as a parking space with brick, concrete, asphalt, gravel, or other covering designed to support a vehicle's weight, or (b) not improved for parking but actually used for parking on at least 90 calendar days within the previous 12-month period.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

44. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way at 324 North Fairfax Street for an awning. (#27 6/10/97) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:




ORDINANCE NO. 3938

AN ORDINANCE authorizing the owner of the property at 324 North Fairfax Street to establish and maintain an encroachment into the public right-of-way of 324 North Fairfax Street, in the City of Alexandria, Virginia.

WHEREAS, the National Association of Chain Drug Stores is the owner of the property located at 324 North Fairfax Street in the City of Alexandria, Virginia; and

WHEREAS, the National Association of Chain Drug Stores desires to establish and maintain an awning which will encroach into the public right-of-way at 324 North Fairfax Street; and

WHEREAS, the public right-of-way at that point on 324 North Fairfax Street will not be significantly impaired by this encroachment; and

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

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

Section 1. That the National Association of Chain Drug Stores ("Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 324 North Fairfax Street in the City of Alexandria, said encroachment consisting of a fabric awning projecting approximately five feet in width over, and ten feet in length along, the public sidewalk at 324 North Fairfax Street, which awning shall be at a height of approximately nine feet above the sidewalk, and shall itself be a height of approximately four feet, ten inches, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate



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

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

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

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

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

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












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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

45. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the sale of three city-owned parcels of land at Eisenhower and Clermont Avenues, in connection with the construction of the new Eisenhower Avenue Connector Interchange off of Interstate 95. (#28 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/14/97, 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 unanimous ROLL-CALL vote, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3939

AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located near the Eisenhower Avenue Connector Interchange with the Capital Beltway, to the Commonwealth of Virginia, Department of Transportation, for public highway purposes.

WHEREAS, the City of Alexandria owns certain real property located near the Eisenhower Avenue Connector Interchange with the Capital Beltway, in Fairfax County, Virginia; and



WHEREAS, this property is to be dedicated to public highway use, in connection with the construction of the Eisenhower Avenue Connector Interchange with the Capital Beltway, as heretofore approved by the planning commission and city council; and

WHEREAS, it is necessary and proper to transfer the said property to the Commonwealth of Virginia, Department of Transportation, for and in consideration of the sum of $1,005,000, to hold the said property for public highway purposes; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sale of the real property described below to the Commonwealth of Virginia, Department of Transportation, for $1,005,000, for public highway purposes, in connection with the construction of the Eisenhower Avenue Connector Interchange with the Capital Beltway, State Highway Project 0095-029-F18, RW201, be, and the same hereby is, approved and authorized:

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

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

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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

46. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to sell two city-owned parcels of land adjacent to Braddock Road, in connection with the widening of Braddock Road between Mt. Vernon Avenue and North West Street. (#29 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46; 6/14/97, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:





ORDINANCE NO. 3940

AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located near the intersection of Braddock Road and Mount Vernon Avenue, to the Commonwealth of Virginia, Department of Transportation, for public street purposes.

WHEREAS, the City of Alexandria owns certain real property located near the intersection of Braddock Road and Mount Vernon Avenue, in Alexandria, Virginia; and

WHEREAS, a portion of this property is to be dedicated to public street use, in connection with the widening of Braddock Road from North West Street to Mount Vernon Avenue, as heretofore approved by the planning commission and city council; and

WHEREAS, it is necessary and proper to transfer the said property to the Commonwealth of Virginia, Department of Transportation, for and in consideration of the sum of $317,075, to hold the said property for public street purposes; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sale of the real property described below to the Commonwealth of Virginia, Department of Transportation, for $317,075, for public street purposes, in connection with the widening of Braddock Road from North West Street to Mount Vernon Avenue, pursuant to project U00-100-V10, be, and the same hereby is, approved and authorized:

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

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

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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

47. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the city government for fiscal year 1997. (#30 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 6/14/97, 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 unanimous ROLL-CALL vote, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:





ORDINANCE NO. 3941

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 1997, which began on the first day of July 1996 and ends on the thirtieth day of June 1997.
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 1997, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1996, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1997, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 31,881
Commonwealth Attorney 20,000
Transportation and Environmental
Services 520,951
Fire 3,806
Housing (1,575)
Mental Health/Mental Retardation
and Substance Abuse (199,498)
Human Services 2,390,107
Historic Alexandria 771
Library 365

Total Estimated Revenue $ 2,766,808

APPROPRIATION:

Human Relations $ 31,881
Commonwealth Attorney 20,000
Transportation and Environmental
Services 520,951
Fire 3,806
Housing (1,575)
Mental Health/Mental Retardation
and Substance Abuse (199,498)
Human Services 2,390,107
Historic Alexandria 771
Library 365

Total Appropriation $ 2,766,808




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 1997, the source of such amount being donations to the city which have been accepted and adjusted after July 1, 1996, but not appropriated, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1997, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Mental Health/Mental Retardation
and Substance Abuse $4,415
Recreation 1,744

Total Estimated Revenue $6,159

APPROPRIATION:

Mental Health/Mental Retardation
and Substance Abuse $4,415
Recreation 1,744

Total Appropriation $6,159

Section 3. That the Council of the City of Alexandria, Virginia, does hereby authorize the transfer from the General Fund (Designated General Fund Balance) to the Capital Projects Fund (Reserved Capital Project Fund Balance) the amount hereafter stated, and does make provision for and appropriate to the fund hereafter stated said amount, together with the amount hereafter stated whose source is the Reserved Capital Project Fund Balance, and further, that the council does hereby allot the amount so appropriated as follows: (i) to 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 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 1997 capital budget adopted by the school board on December 21, 1995.

GENERAL FUND

FINANCING USE:

Transfer Out to Capital Projects Fund $ 5,435,196

Total Transfer Out 5,435,196

CAPITAL PROJECT FUND

ESTIMATED REVENUE:

Transfer In From General Fund $ 5,435,196
Reserved Capital Project 350,796

Total Financing Source $ 5,785,992

APPROPRIATION:

Capital Projects $ 5,785,992

Total Appropriation $ 5,785,992

Section 4. 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 1997, the source of such amount being future bond proceeds 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 1997-2002 capital improvement program adopted by city council on May 7, 1996: city project nos. 003-014, 005-020, and 011-097.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Capital Projects Fund Balance to be
Reimbursed by Future Bond Proceeds $ 2,655,935
Contributions 35,000

Total Estimated Revenue $ 2,690,935

APPROPRIATION:

Capital Projects $ 2,690,935

Total Appropriation $ 2,690,935



Section 5. 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 1997, the source of such amount being Designated General Fund Balance, and further that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Designated General Fund Balance $ 521,152

Total Estimated Revenue $ 521,152

APPROPRIATION:

Non-Departmental (compensated absences) $ 521,152

Total Appropriation $ 521,152

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

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

48. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the city government for fiscal year 1998. (#31 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 6/14/97, 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 Speck, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the Ordinance upon its Second Reading. The voting was as follows:

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

The ordinance reads as follows:
ORDINANCE NO. 3942

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 1997 and ending on the thirtieth day of June 1998.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $368,570,076 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 1997 and ending on the thirtieth day of June 1998.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $368,570,076 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 1997 and ending on the thirtieth day of June 1998 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 $ 412,233
City Manager 787,903
Citizens Assistance 524,865
Human Relations 1,387,802
18th Circuit Court 789,022
18th General District Court 94,666
18th Juvenile Court 30,135
Commonwealth Attorney 1,882,506
Sheriff 14,779,033
Clerk of Courts 1,233,218
Law Library 118,954
Other Correctional Activities 2,912,091
Court Services Unit 667,746
Financial and Information Technology Services 10,961,523
Office of Legislative Director 164,251
City Clerk and Clerk of Council 252,990
Personnel 1,638,910
Planning & Zoning 2,673,659
City Attorney 1,091,119
Registrar of Voters 530,767
General Services 7,145,783
Transportation and Environmental Services 18,181,058
Transit Subsidies 7,757,910
Fire 21,210,087
Police 29,457,770
Office of Housing 3,881,487
Mental Health/Mental Retardation/
Substance Abuse 20,884,207
Health 5,446,924
Human Services 30,825,638
Human Services Contributions 798,980
Office of Historic Alexandria 2,440,757
Recreation, Parks and Cultural Activities 11,697,331
Component Unit-Library 3,903,143
Component Unit-Schools 109,747,530
Other Educational Activities 13,476
Internal Service 3,074,814
Contingent Reserves 808,600
General Debt Service 8,827,611
Non-Departmental 5,117,762
Capital Projects 34,415,815

TOTAL APPROPRIATIONS $368,570,076

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $368,570,076 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 1997 and ending on the thirtieth day of June 1998 be, and the same hereby is, further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $127,565,189
Non-Personnel Services 83,808,736
Capital Outlay 564,946
Component Unit-Library 3,903,143
Component Unit-Schools 109,747,530
Component Unit-Alexandria Transit Company 4,405,540
Pilot Recycling Program 1,084,363
Equipment Replacement 3,074,814
Capital Projects 34,415,815

TOTAL APPROPRIATIONS $368,570,076

Section 4. That the sum of $368,570,076 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 1997 and ending on the thirtieth day of June 1998 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $161,075,000
Other Local Taxes 59,455,000
Permits, Fees and Licenses 1,999,000
Fines and Forfeitures 3,567,000
Intergovernmental Revenue 66,289,539
Charges for Services 21,082,640
Revenue from Use of Money and Property 6,983,539
Miscellaneous Revenue 3,382,722
Sale of Land 80,000
Unreserved Fund Balance - General Fund:
Subsequent Year's Budget 9,978,389
Capital Projects Fund Balance to be
Reimbursed by Future Bond Proceeds 29,555,157
Capital Projects Fund Balance 4,860,658
Retained Earnings - Internal Service Fund 261,432

TOTAL ESTIMATED REVENUE $368,570,076

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $34,415,815 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 1997 and ending on the thirtieth day of June 1998. This sum, which consists of the $34,415,815 appropriated as Capital Projects in section 2 of this ordinance, is appropriated as follows: (i) to the following capital projects which are included in the city's fiscal year 1998-2003 capital improvement program adopted by city council on May 1, 1997: city capital improvement project nos. 002-007 (Branch Libraries), 002-003 (New Central Community Library), 003-015 (Downtown Transportation/Parking), 003-004 (Municipal Waterfront Improvement Program), 003-014 (Mt. Vernon Avenue Improvements), 003-002 (Route 1 Beautification), 003-018 (South Waterfront - Jones Point/Ford Plant/Marina), 003-019 (Streams and Waterfront Dredging), 004-051 (Bike Trails), 004-013 (Cameron Station), 004-001 (Chinquapin Park and Recreation Center), 004-036 (Hensley Park), 004-012 (Park Improvements), 004-014 (Land Acquisition) 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), 005-038 (Animal Shelter), 005-039 (Public Safety Radio System), 005-021 (Torpedo Factory Repurchase), 006-004 (Peumansend Creek Regional Jail), 008-005 (Driver Training Track), 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), 011-031 (Beauregard and Seminary Interchange), 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 Reconstructions and Extensions), 012-003 (Storm Sewer Reconstructions and Extensions), 013-005 (Sanitary Sewer Reconstructions and Extensions), 013-010 (Sewer Separation and Pollution Abatement), 014-006 (Waste-to-Energy Facility), 015-004 (Information Technology Connectivity Projects), 015-005 (Information Technology Systems Development), 016-001 (Northern Virginia Community College); and (ii) to the capital projects identified in the Alexandria City Public Schools' fiscal year 1998 capital budget approved by the school board on December 5, 1996.


Section 6. That the sum of $34,415,815 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 1997 and ending on the thirtieth day of June 1998 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Reserved Fund Balance - Capital Projects Fund $ 4,860,658
Capital Projects Fund Balance to be Reimbursed
by Future Bond Proceeds 29,555,157

TOTAL ESTIMATED REVENUE $34,415,815

Section 7. That the sum of $108,765,526 is authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $ 16,657,569 Special Revenue Fund- $ 16,657,569
General

General Fund 85,934,818 Component Unit-Schools 85,934,818

General Fund 2,665,540 Component Unit-Alexandria 2,665,540
Transit Company

General Fund 3,507,599 Component Unit-Library 3,507,599

TOTALS $108,765,526 $108,765,526

Section 8. That the sum of $368,570,076 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 1997 and ending on the thirtieth day of June 1998 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 as shown in Table I on the following page of this ordinance.


Section 9. That the sum of $368,570,076 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 1997 and ending on the thirtieth day of June 1998 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 as shown in Table II the following page 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: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97
Public Hearing: 6/14/97
Second Reading: 6/14/97
Final Passage: 6/14/97
* * * * *

49. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the city code relating to sanitation at restaurants and other food service establishments by adopting the model food code recently issued by the United States Food and Drug Administration. (#15(b) 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 49; 6/14/97, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated June 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 49; 6/14/97, 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. 3 of Item No. 49; 6/14/97, 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. 4 of Item No. 49; 6/14/97, and is incorporated herewith as part of this record by reference.)

THIS ITEM IS RECOMMENDED TO BE DEFERRED TO THE SEPTEMBER 9, 1997; HOWEVER, SINCE IT WAS ADVERTISED FOR THIS MEETING, IT WAS NECESSARY TO LIST IT ON THE DOCKET.

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council noted the deferral of this ordinance to September. The voting was as follows:

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




REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (50-53)

Planning Commission (continued)

50. SPECIAL USE PERMIT #97-0077 -- 2700 JEFFERSON DAVIS HIGHWAY -- AFGHAN RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant with carryout service, live entertainment and off-street parking reduction; zoned I/Industrial. Applicant: Qasim Abbasi; Afghan Restaurant.

51. TEXT AMENDMENT #97-04 -- PROCEDURES FOR CO PLANNED RESIDENTIAL/COMMERCIAL DEVELOPMENT -- Public Hearing and Consideration of a change to Section 12-600 of the Zoning Ordinance regarding procedures for amending approved CO planned residential/commercial developments. Staff: Department of Planning and Zoning.

52. SPECIAL USE PERMIT #97-0061 -- 2713 MOSBY STREET -- Public Hearing and Consideration of a request for a special use permit to construct a single-family dwelling on a substandard lot, and request for modifications of yard requirements and a reduction of the off-street parking requirement; zoned R/8/Residential. Applicant: Marc Gordon.

53. SPECIAL USE PERMIT #97-0070 -- 3506 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a farmers market; zoned CG/Commercial General. Applicant: Tenants' and Workers' Support Committee, by Edgar A. Rivera.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawals.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, at 5:35 p.m., the Public Hearing Meeting of Saturday, June 14, 1997, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:




______________________________________________
Beverly I. Jett, CMC City Clerk


This docket is subject to change.

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