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Public Hearing Meeting
Saturday, January 25, 1997 - - 9:30 am

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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; Mr. Lynn, Director of Planning and Zoning; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Ross, Deputy Director of Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Ms. Davis, Director of Housing; Mr. Eiffert, Director of Agency on Aging; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Mr. Neckel, Director of Finance; City Engineer Bell; Mr. Hughes, Acting Director of Code Enforcement; Fire Chief Hawkins; Police Chief Samarra; and Lieutenant Crawford, 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. Public Discussion Period.

(a) Hollis Wickman, representing the Old Town/Hunting Creek Civic Association, spoke to a major concern to its community, i.e., the direct Church Street exit into an Alexandria neighborhood from the Woodrow Wilson Bridge and I-95. He commended the Transportation and Environmental Services Department for its recent traffic survey from the Church Street off-ramp into Alexandria in support of prohibiting left turns from Church Street onto Columbus Street during 7 to 9 in the morning and 4 to 6 in the afternoon. The Association is also in support of City Council Resolution 1799 which calls for a closure of the Church Street exit that's part of the Woodrow Wilson Bridge replacement process. He suggested that all City departments support the resolution. He spoke to the Planning Department mitigation document and expressed concerns about it. He strongly recommended that some sort of coordination be initiated between City offices participating in the Section 106 process and the other groups in Alexandria so involved.






Mayor Donley explained that he has written a five-page letter to the Federal Highway Administration about the historic preservation process outlining a number of the City's objections to the process and some of the issues Mr. Wickman raised today. He indicated that he has requested a meeting with the designated-appointee for Secretary of Transportation, Rodney Slater, to discuss some of these issues. We also sent out additional correspondence related to the National Environmental Protection Act process and raising a number of objections. The City is still continuing to adhere to its resolution regarding the Woodrow Wilson Bridge and will do so throughout the process.

(b) John S. Roberts, 426 South Fairfax Street, expressed his concern about the law and its enforcement against crossing a double yellow line on City "highways" when passing a double-parked vehicle; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item 2 (b);

Mayor Donley referred this matter to the Transportation and Environmental Services Department and the Police Department to address (1) what would be the safety impacts of such a change, and (2) whether we have the authority here to enact such a change, or do we need to seek some type of change to the State code.

(c) The following Police Officers spoke regarding pay parity and inequities reflected in the Watson Wyatt report:

Barry Schiftic, 1301 Hancock Avenue, Alexandria Police Association;

Blaine Corle, 2003 Mill Road, representing the Executive Board of the Alexandria Police Commanders' Association;

Ben George, 2003 Mill Road;

Dave Nye, 2003 Mill Road;

David Huchler, 200 Yoakum Parkway, #816;

Mark Bergin, 6049 North Morgan Street;

Ray Hazel, 2003 Mill Road;

Stafford Farmer-Lee, 2003 Mill Road;

Larry Lee, 2003 Mill Road;

Chris Whelan, 2003 Mill Road;

Rusty Peverell, 2003 Mill Road;

Chris Jones, 2003 Mill Road;

Brian Thompson, 2003 Mill Road;

Charlie Lloyd, Jr., 2003 Mill Road;

Marcus Wigglesworth, 2003 Mill Road;

Roman Kaluta, 2003 Mill Road;

Cathy Webb, 2003 Mill Road;

Charles Pak, 2003 Mill Road;

Ricky Elkins, 2003 Mill Road;

Geoff Balenger, 2003 Mill Road; and

Donna Barnes, 5302 Knole Court, #242.

(d) John Chapman Gager spoke during this period.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-6)

Planning Commission

3. SPECIAL USE PERMIT #96-0178 -- 3610-F KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to intensify a full service restaurant with carry-out service; zoned CG/Commercial General. Applicant: Joseph G. Fontana.

COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/25/97, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #96-0179 -- 3690-C KING STREET -- BRADLEE SHOPPING CENTER -- YUKI JAPANESE RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a full service restaurant; zoned CG/Commercial General. Applicant: Gil S. Kim and Sang G. Kim, by Sang K. Lee.

(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/25/97, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #96-0182 -- 2610 JEFFERSON DAVIS HIGHWAY; 400-420 CALVERT AVENUE; 403-420 SWANN AVENUE -- OAKVILLE INDUSTRIAL PARK -- Public Hearing and Consideration of a review of a special use permit for reduction of off-street parking for the Oakville Industrial Park property; zoned I/Industrial. Applicant: G & E Oakville Corporation, by Jonathan P. Rak, attorney.
(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/25/97, and is incorporated herewith as part of this record by reference.)


6. SPECIAL USE PERMIT #96-0177 -- 3830 SEMINARY ROAD -- BETH EL HEBREW CONGREGATION TEMPLE -- Public Hearing and Consideration of a request for a special use permit to increase the enrollment, increase hours of operation, and add classroom space for a nursery school; zoned R-20/Residential. Applicant: Beth El Hebrew Congregation, by Judith A. Blickstein.

COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/25/96, 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 on a vote of 5-to-0, City Council approved the Consent Calendar as presented. The Planning Commission recommendations are as follows:

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

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

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

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

END OF CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

8. Public Hearing and Consideration of an Appeal from a Decision of the Director of Planning and Zoning and the Director of Transportation and Environmental Services denying a request for a proposed Driveway Apron to be Located at 19 A East Custis Avenue. Appellant: Denise R. McGann.

(A copy of the staff report, together with the appeal dated November 12, 1996, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 8; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of the appellant's letter dated January 21, 1997, requesting deferral of this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 1/25/97, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the deferral to the Saturday, February 22, 1997 Public Hearing Meeting.

7. Public Hearing and Consideration of a Proposal by United Taxicab Operators (UTOP), an Organization Representing Certain Alexandria Taxicab Drivers, That the City Change the Way in Which it Issues Taxicab Certificates of Public Convenience and Necessity (Certificates).

Some of the Major Provisions of the UTOP Proposal to Amend Section 9-12 of the City Code are:

A. The Annual Certificates Issued by the City to the Six Alexandria Taxicab Companies for the 614 Taxicabs Authorized to Operate in the City Would be Issued Instead to the Individual Owners of These Taxicabs. This Change Would be Phased in Over a Six-Year Period.

B. Taxicab Owners Who Hold These Certificates Would be Able to Transfer from One Taxicab Company to Another Every Two Years.

C. Taxicab Companies Would Continue to Be Responsible for Handling Consumer Complaints About Taxicab Service. (#17 1/14/97; #14 12/10/96)

(A copy of the City Manager's summary dated January 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of a partial verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of Ms. Puskar's letter dated January 25, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of the Alexandria Yellow Cab's response to the UTOP proposal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of a fax dated January 24, 1997, from the Alexandria Hotel Association, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Petersen's letter dated January 21, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.



A copy of Mr. Gupta's letter dated January 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated December 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 8 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Carroll's memorandum dated January 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 9 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Werth's letter dated January 10, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 10 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of a draft proposal from owner/operators/drivers is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 11 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of the material distributed by Mr. Doddy during the public hearing on this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 12 of Item No. 7; 1/25/97, and is incorporated herewith as part of this record by reference.)

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

Michael Bond, 6230 Edsall Road, #101, spoke against;

Mantill Williams, 801 North Fairfax Street, Suite 402, representing the Alexandria Chamber of Commerce, spoke against;

Chet Avery, 16 East Linden Street, representing the Commission on Persons with Disabilities, spoke against;

Randy Stephens, 714 West Glebe Road, spoke in support;

Robert C. Eiffert, 110 Adams Avenue, representing the Alexandria Commission on Aging, spoke against;

C. Peter Schumaier, 428 South Lee Street, chairman, Traffic and Parking Board, spoke against;

James K. Aggrey, 16797 Capon Tree Lane, Woodbridge, representing Alexandria White Top Cab, spoke against;

Robert Hoar, 3035 Mount Vernon Avenue, representing Alexandria Diamond Cab, spoke against;

Chap Petersen, 225 Reineker's Lane, attorney representing White Top Cab, spoke against;

Amanda Lee, 645 North Armistead Street, representing Alexandria Commission on Persons with Disabilities, and NOVA Chapter, ODCBVI, spoke against;

Cathy Puskar, 110 West Nelson Avenue, attorney representing Alexandria Yellow Cab, spoke against;

Robert Werth, 3025 Mount Vernon Avenue, representing Alexandria Yellow Cab, spoke against and answered questions;

Drew Carroll, 112 South Alfred Street, attorney representing UTOP, spoke in support;

Ali Ahmad, 4222 Vermont Avenue, representing UTOP, spoke in support;

Mirza F. Baig, 5495 Heritage Hill Drive, representing UTOP, spoke in support;

James Kanu, 120 West Taylor Run Parkway, representing cab drivers, spoke in support;

G. Faroug Bashar, 3875 Bradwater Street, Fairfax, spoke in support;

A. Azmi, Springfield, spoke in support;

Samuel Yohannes, 4637 Seminary Road, representing Alexandria cab drivers, spoke in support;

Jose Santaballa, 3301 Mount Vernon Avenue, representing People Empowerment Network, spoke in support;

Dr. Ardalan, 5100 Duke Street, spoke in support;

C. I. Doddy, 3505 Mount Vernon Avenue, representing UTOP, spoke in support;

James E. Yates, 3025 Mount Vernon Avenue, representing Alexandria Yellow Cab, spoke against; and

Stanley H. Kephart, 5416 A 27th Street, Arlington, representing Alexandria Yellow Cab, spoke against.

The Public Hearing was concluded.

Members of Council, Assistant City Manager Evans, Deputy Director of Transportation and Environmental Services Anderson, and City Attorney Sunderland participated in the discussion on this issue.

Mayor Donley asked staff within the consideration of costs or expenses, if staff takes into consideration the stand dues.)

WHEREUPON, a motion was made by Vice Mayor Pepper, seconded by Council Member Walker, to (1) maintain the way in which the City issues the taxicab certificates; (2) referred to the Traffic and Parking Board the request that it set voluntary standards for the stand dues and that the Board work with the cab owners as well as with UTOP to help formulate these (basically a method similar to what we have with the Landlord-Tenant Relations Board); and (3) referred to the Traffic and Parking Board Council's concerns that the fixed rates [fares] that are being charged should be considered more frequently than what they have been.

Councilman Speck stated that he felt that the second part of the motion should not be referred to the Traffic and Parking Board at this point. He indicated that he thought that there are some issues that are both legal and administrative here before we just refer it to the Traffic and Parking Board. He asked if the second part could be amended to ask staff to come back to Council with some specific recommendations on the stand dues. Vice Mayor Pepper and Council Member Walker accepted this as a friendly amendment.

Councilman Speck wanted clarification of the third part so that he understood it. He stated as he understands it, we are asking the Traffic and Parking Board to give Council some plan for a more regular review of the fares. Vice Mayor Pepper and Council Member Walker accepted this clarification as a friendly amendment.

Councilman Euille suggested that he is willing to sit down with the owners and UTOP to assist them in ironing out a process to improve dialogue and communication between the two groups. He would encourage them to voluntarily get together to iron out their differences.

The motion finally passed on a vote of 6-to-1 [Councilman Cleveland voting no], reads as follows:

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 6-to-1, City Council (1) maintained the system in which the City issues the taxicab certificates; (2) requested staff to come back to Council with specific recommendations with respect to stand dues; and (3) referred to the Traffic and Parking Board a request that it give Council some plan for a more regular review of the fares. The voting was as follows:

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

Whereupon, at 2:15 p.m., City Council recessed for lunch.

Thereupon, at 2:30 p.m., City Council reconvened the meeting.

REPORTS OF BOARDS COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

9. TEXT AMENDMENT #96-15 -- COMMITTEE ON DEVELOPMENT PROCESSES -- Public Hearing and Consideration of amendments to Section 6-405 (B) (Increased height in King Street Metro Height District for ground floor retail space); and Sections 5-603, 5-604, 5-605, 5-606, and 5-607 (Coordinated Development District Procedures), consistent with the recommendations of the Task Force on Development Processes.

COMMISSION ACTION: Recommend Approval of Amendments #1,2,3,4, & 6 4-0


(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of Planning and Zoning Director Lynn's memorandum dated January 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hertel's letter dated January 21, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 9; 1/25/97, and is incorporated herewith as part of this record by reference.)

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

W. B. Hurd, 219 South Royal Street, representing the Planning Commission, spoke to the report and answered questions;

Paul Hertel, 1217 Michigan Court, representing the North East Citizens Association, spoke against;

Jean Caldwell, 1117 Powhatan Street, representing the North East Citizens Association, spoke against;

Peyton Robertson, 112 West Mount Ida Avenue, representing the Environmental Policy Commission, referred to its written comments; a copy of which is part of the Planning Commission report;

John Fehrenbach, 2809 Valley Drive, representing the Environmental Policy Commission, also referred to the written comments of the Commission;

Tom Tyler, 1428 Woodbine Street, expressed concerns about the quality of life and is a member of the Environmental Policy Commission;

Denis Borum 706 South Fairfax Street, representing the Environmental Policy Commission, referred to the written comments of the Commission;

Harry P. Hart, 307 North Washington Street, representing King Street Metroplace, suggested that Section 405(B) should be further amended as stated in the memorandum from the Director of Planning and Zoning; and

Matthew J. McCormack, 702 Devon Place, spoke against dissolving the Coordinated Development Plan and asked the status of the North East Transportation Management Plan that the Director of Transportation and Environmental Services has been working on.

Vice Mayor Pepper requested staff to follow-up on looking into a possible Quality of Life Summit.

Staff was requested to give a report on what has happened with the Northeast Transportation Management Plan.)




WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, with respect to § 6-405 [Relaxing the rule for retail in King Street Metro District], City Council referred the entire issue back to the Planning Commission for it to have a public hearing and redrafting of the text amendment to incorporate the language that was recommended by staff regarding buildings that front on more than one public street, retail shall be provided on the more prominent street frontage, as determined by the director, and then returned to the Council. The voting was as follows:

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

THEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-1, with respect to § 5-603 (A)(1) [Allowing underlying zone rights to survive concept approval], City Council approved the Planning Commission recommendation allowing underlying zone rights to survive concept approval. The voting was as follows:

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

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried unanimously, with respect to § 5-605 (J)(1)(2) [Preliminary Development Plan Approval], City Council did not approve the suggested changes since this change is not necessary. The voting was as follows:

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

THEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously, with respect to § 5-603 (C) [Shortening the time for preapplication conference], City Council approved this change. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously, with respect to § 5-604 (C) (14)(15) [Adding submission requirements for concept plan], City Council approved this change, as amended, by deleting the word "high" in section (15). The voting was as follows:

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

THEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried on a vote of 5-to-2, with respect to § 5-606 (D)(E)(F) [Eliminating appeal to Council on final plan approval], City Council did not eliminate the appeal process. The voting was as follows:

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

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously, with respect to § 5-607 (A) [Clarifying certification requirements], City Council approved this change with a technical amendment by correcting the year in line one to read "1992" instead of "2992". The voting was as follows:

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

10. SPECIAL USE PERMIT #96-0174 -- 3830 SEMINARY ROAD -- BETH EL HEBREW CONGREGATION TEMPLE -- Public Hearing and Consideration of a request for a special use permit to operate a private school; zoned R-20/Residential. Applicant: Thornton Friends School of Northern Virginia, by Thomas J. Foltz, attorney.

COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/25/97, and is incorporated herewith as part of this record by reference.)

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

(Thomas J. Foltz, attorney representing Thornton Friends School of Northern Virginia, spoke in support;

Joanne Lepanto, 4009 North Garland Street, representing Seminary Ridge Civic Association, spoke to traffic impacts on neighborhood;

Gregory Tsoucalas, 4000 Fort Worth Avenue, representing Seminary Ridge Civic Association, stated the concerns of the Association; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item;

Douglas R. Price, 1903 Winebury Court, Silver Spring, MD, Headmaster of Thornton Friends School, stated with respect to changing the opening and closing times of the school, they are glad to work with the civic association on this since the times are not cast in stone.

Secondly, as to the minimum enrollment of Alexandria residents, first of all, one of the documents that Council has before it was never meant to reach Council. It is a draft and is not a policy statement, and it is a draft of almost a year ago of what we thought the Alexandria program might be like. At that time, we were not as familiar with Alexandria as we are now and as familiar with the needs of the residents of Alexandria for these scholarships. Our whole intention has always been to serve the community we are in. We are a community school. We believe in that and we want to become valued members of your community. He indicated that his anticipation is that one-half to two-thirds of their students will be from Alexandria, perhaps more. He stated that they have rolling admission which means whenever a person's file is complete, they render a decision as to whether or not they are to be admitted. In that situation, we really give preference to those who show up first because we've in the last few years always had more people who want to come to our school than we can let in, and we don't want to discriminate on the basis of any of the standard discriminations such as how smart you are or how driven you are. We have tried to be a school for everybody from average to very superior intelligence and I think we serve a special need for students who need small classes and individual attention. I don't want to discriminate in any way, but again, my expectation is that we will fully fulfill the desires of the civic association on that.

Mr. Price indicated that he will be glad to confer with the civic association about use of off-site athletic facilities.

Mr. Price stated that permit review in 1998 is also fine; and

Gail L. Miller, 1907 East-West Highway, Silver Spring, MD, principal, Thornton Friends School, spoke in support.

Councilman Speck stated that there is a growing traffic problem in the area, and asked the Transportation and Environmental Services Department and the Police Department if they could undertake sort of a general review of that area and determine what, if any, steps can be taken to remedy some of the problems that have been developing there particularly at certain times of the day. From an enforcement standpoint, there is an increased amount of high-speed traffic on the connectors, and then the traffic backups are really starting to increase. He stated that this application has brought to light some of these concerns that are affecting that whole area, not just Seminary Ridge, but more broadly.)

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, 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 amended Condition No. 4 to read as follows: "4. The special use shall be reviewed in June 1998."; and deleted Condition No. 5. The voting was as follows:

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

11. SPECIAL USE PERMIT #96-0176 -- 107 NORTH FAYETTE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a full service restaurant; zoned CD/Commercial Downtown. Applicant: Jerry Murrell and Janie Murrell, t/a Five Guys Famous Burgers and Fries, by Duncan Blair, attorney.

COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/25/97, 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, attorney representing the applicant, spoke in support.

Councilman Speck directed questions to staff with respect to Condition #16, as to who defines best available technology and if the best technology is prohibitively expensive does that mean that they have failed to comply with the permit if they have a certain technology and then it determines there is an improved technology, is their permit jeopardized because they failed to obtain the best equipment? Councilman Speck asked if there is something that can be done on odors, similar to how we dealt with trash, so that we don't get into a problem of creating violations of the permit by not being able to determine what's the best available technology?

Planning and Zoning Director Lynn responded to his questions.

Councilman Speck suggested that staff needs to work on this some way to make it clearer what both the applicant is expected to do and what we are expecting.

Attorney Blair indicated that his understanding of Condition No. 16 is working with the Health Department to jointly identify what is the best technology that's feasible to employ there.)

WHEREUPON, upon motion by Councilman Cleveland, 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 and the added Condition #16. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

12. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by changing the schedule of license taxes that are paid on motor vehicles not designed for the transportation of passengers. (#20 1/14/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 9, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/25/97, 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 Council Member Walker, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3907

AN ORDINANCE to amend Section 3-2-329 (TAX ON VEHICLES NOT DESIGNED OR USED FOR TRANSPORTATION OF PASSENGERS) of Article R (LICENSE TAX ON MOTOR VEHICLES, TRAILERS AND SEMITRAILERS), 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 3-2-329 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. 3-2-329 Tax on vehicles not designed or used for transportation of passengers.

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

Gross Weight Groups
(Pounds) Tax
4,001 - 10,000 30.00
10,001 - 12,000 35.00
12,001 - 15,000 40.00
15,001 - 18,000 45.00
18,001 - 20,000 50.00
20,001 - 22,000 55.00
22,001 - 24,000 60.00
24,001 - 26,000 65.00
26,001 - 40,000 75.00
40,001 and up 90.00

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

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

KERRY J. DONLEY
Mayor

Introduction: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

13. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by changing the regulations that prohibit certain types of conduct by persons while riding on DASH and Fairfax Connector buses and on METRO buses and trains. (#21 1/14/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/25/97, 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 Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3908

AN ORDINANCE to repeal Section 13-1-37 (WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY BUSES, RAIL TRANSIT CARS AND RAIL TRANSIT STATIONS, SCHOOL BUSES AND ALEXANDRIA TRANSIT BUSES --PROHIBITED CONDUCT) of Chapter 1 (GENERAL OFFENSES), and to amend said Chapter 1 to add a new Section 13-1-37 (PUBLIC TRANSIT PASSENGER VEHICLES, SCHOOL BUSES, RAIL TRANSIT CARS AND RAIL TRANSIT STATIONS -- PROHIBITED CONDUCT), all of 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 13-1-37 of The Code of the City of Alexandria, Virginia, 1981, as amended, is hereby repealed.

Section 2. That Chapter 1 of Title 13 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new Section 13-1-37, to read as follows:

Sec. 13-1-37 Public transit passenger vehicles, school buses, rail transit cars and rail transit stations --prohibited conduct.

(a) Definitions. The following words and phrases, when used in this section, shall have the following meanings:

(1) "Public transit passenger vehicle" means a passenger bus or other motor vehicle owned or operated by WMATA, the Alexandria Transit Company or the Fairfax Connector while the vehicle is transporting passengers in the city in regular route service or pursuant to a contract or charter agreement.

(2) "School bus" means a passenger bus or other motor vehicle owned or operated by the Alexandria city public schools while the vehicle is (i) transporting students to or from a school or school-related activities, or (ii) transporting passengers pursuant to a contract or charter agreement.

(3) "Rail car" means a passenger railroad car owned or operated by WMATA, Virginia Railway Express, AMTRAK or any other public or private corporation or organization that provides regularly scheduled rail passenger service to rail transit stations in the city.

(4) "Rail transit station" means a rail passenger terminal in the city at which rail cars stop periodically to pick up or discharge passengers.

(5) "AMTRAK" means the National Railroad Passenger Corporation, its successors in interest and all legal entities that provide rail passenger service to the general public under the corporate name "AMTRAK."

(6) "DOT" means the paratransit passenger service operated by the city's department of transportation and environmental services.


(7) "Fairfax Connector" means Ryder ATE, Inc., its successors in interest and all legal entities that provide public transit passenger vehicle service to the general public under the corporate name "Fairfax Connector."

(8) "Virginia Railway Express" means the regularly scheduled rail passenger service operated jointly by the Potomac and Rappahannock Transportation Commission and the Northern Virginia Transportation Commission, their successors in interest and all legal entities that provide rail passenger service to the general public under the name "Virginia Railway Express."

(9) "WMATA" means the Washington Metropolitan Area Transit Authority.

(b) It shall be unlawful for any passenger or occupant aboard a public transit passenger vehicle, school bus, rail car or DOT vehicle or for any person within any rail transit station to:

(1) smoke or carry a lighted or smoldering pipe, cigar or cigarette, unless expressly permitted to do so by the operator or owner;

(2) consume food or drink, unless expressly permitted to do so by the operator or owner;

(3) expectorate;

(4) discard litter;

(5) play any radio, cassette recorder, compact disc player or other sound-generating device unless the device is connected to an earphone that limits the sound to the individual user;

(6) board any public transit passenger vehicle through the rear exit door unless directed to do so by an employee or agent of the carrier;

-(7) knowingly board a public transit passenger vehicle or DOT vehicle without either paying the established fare or presenting a valid transfer or pass for such trans-portation;

(8) board a public transit passenger vehicle or a rail car with-out either paying the established fare or presenting a valid transfer or pass for such trans-portation;

(9) board a rail car or enter the paid area of the WMATA rail system without the farecard required for such entry;

(10) leave the paid area of the WMATA rail system after having traveled upon a rail car with-out having presented a valid farecard or other-wise paying the established fare; or

(11) refuse to pay the established fare on any public transit passenger vehicle, rail car or DOT vehicle, or at any rail transit station.

Any person convicted of violating this subsection (b) shall be guilty of a class 4 misdemeanor.

(c) It shall be unlawful for any passenger or occupant aboard a public transit passenger vehicle, school bus, rail car or DOT vehicle or for any person within any rail transit station to:

(1) carry any flammable liquids, live animals, birds, reptiles, explosives, acids or other hazardous materials, hazardous substances or hazardous waste, as those terms are defined in section 10.1-1400 of the Code of Virginia (1950), as amended, except for guide dogs properly harnessed and accompanied by passengers with disabilities, and small ani-mals properly packaged;

(2) stand in front of the white line marked on the forward end of the floor of any public transit passenger vehicle or school bus, or other-wise engage in conduct which obstructs the vision of the operator of the vehicle or bus;

(3) climb through a window or extend an arm, leg or head out of a window of any public transit passenger vehicle or school bus, except when necessary to preserve the safety of any person under emergency conditions;

(4) without a reasonable belief that an emer-gency requires the immediate evacuation of a public transit pas-senger vehicle, school bus or rail car, impede the open-ing of, interfere or tamper with or otherwise ob-struct the operation or use of any window, door or other emergency exit of any public transit passenger vehicle, school bus or rail car; or

(5) stop, impede, interfere with or tamper with an escalator or elevator within or adjacent to a rail transit station or any part of the apparatus of such an escalator or elevator, or use an esca-lator or elevator emergency stop button, unless such action is taken with the knowledge or the reasonable good faith belief that an emergency makes such action necessary to pre-serve and protect human life or valuable prop-erty; provided, that this subsubsection shall not apply when such action is taken by an employee, contractor or contract employee of a rail transit system pur-suant to that person's authorized duties or by a government employee or public safety official pursuant to that person's official duties.

Any person convicted of violating this subsection (c) shall, for a first conviction thereof, be guilty of a class 3 misdemeanor. Any person convicted of a second or subsequent violation of this subsection within 12 months of the first conviction shall be guilty of a class 2 misdemeanor. (d) It shall be unlawful for any passenger or occupant aboard a public transit passenger vehicle, school bus or rail car, or for any person within any rail transit station in the city, to refuse to leave the bus, rail car or rail transit station after having been ordered to do so by the operator of the bus or rail car or by any other employee or agent of the operator or owner of the bus, rail car or rail transit station. Any person convicted of violating this subsection (d) shall be guilty of a class 1 misdemeanor.

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

KERRY J. DONLEY
Mayor

Introduction: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

14. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by incorporating certain sections of the Virginia Code that deal with the offense of driving while intoxicated, by increasing the penalty for violating the City Code's regulations governing travel in "high occupancy vehicle" lanes, and by increasing the penalty for violating the city code's regulation governing parking in spaces reserved for the handicapped. (#22 1/14/97) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated January 9, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/25/97, 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.

City Attorney Sunderland requested that Council add a new Section 30, and to renumber the existing Sections 30, 31, and 32, to 31, 32, and 33. New Section 30 reads as follows:

Section 30. That any amendments enacted by the Virginia General Assembly, between January 1, 1989, and the effective date of this ordinance, to the sections and provisions of the Virginia Code which are incorporated by reference in chapter 3 of title 10 of The City Code of the City of Alexandria, 1981, as amended, be, and the same are hereby, adopted and incorporated into the city code.

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

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

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

ORDINANCE NO. 3909

AN ORDINANCE to amend and reordain subsection (d) of section 10-3-2 of Article A (GENERAL PROVISIONS), and to amend Article B (RECKLESS DRIVING, SPEEDING, ETC.), of Chapter 3 (OPERATION OF MOTOR VEHICLES), all of 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 subsection (d) of Section 10-3-2 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:

(d) Any person operating a vehicle in a commuter lane in violation of this section shall be guilty of a traffic infraction that is not a moving violation. Upon conviction, such infractions shall be punishable as follows:

(1) for a first offense, by a fine of $50;

(2) for a second offense, by a fine of $100;

(3) for a third offense within a period of two years of the second offense, by a fine of $250; and

(4) for a fourth or subsequent offense within a period of three years of the second offense, by a fine of $500.

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 to read as follows:

Sec. 10-3-268.5 Qualifications and liability of persons authorized to take blood sample; procedure for taking samples.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.5 of the Virginia Code, as amended, which relates to the qualifications and liability of persons authorized to take blood samples for the purpose of determining the blood's alcohol and/or drug content, and the procedures to be followed in taking such blood samples, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

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

Sec. 10-3-268.6 Transmission of blood samples.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.6 of the Virginia Code, as amended, which relates to the procedures to be followed in the preservation and transmission of blood samples for analysis of the blood's alcohol and/or drug content, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

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

Sec. 10-3-268.7 Transmission of blood test results; use as evidence.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.7 of the Virginia Code, as amended, which relates to transmission of blood test results and the admissibility of blood test results as evidence in court, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

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

Sec. 10-3-268.8 Fees relating to blood samples.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.8 of the Virginia Code, as amended, which relates to the fees that may be charged for withdrawal and analysis of blood samples, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

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

Sec. 10-3-268.9 Assurance of breath test validity; use of test results as evidence.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.9 of the Virginia Code, as amended, which relates to standards for the chemical analysis of a person's breath and the use of breath test results as evidence in court, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

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

Sec. 10-3-268.10 Evidence of violation.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.10 of the Virginia Code, as amended, which relates to the admissibility of evidence at trial for violations of city code sections 10-3-266 or 10-3-266.1 and of comparable provisions of the Virginia Code, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

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

Sec. 10-3-268.11 Substantial compliance.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-268.11 of the Virginia Code, as amended, which relates to compliance with the steps set forth in city code sections 10-3-268.2 through 10-3-268.9 and comparable Virginia Code sections relating to the taking, handling, identifying and disposing of blood or breath samples, is hereby adopted and incorporated in its entirety 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 to read as follows:

Sec. 10-3-269 Presumptions from alcohol content of blood.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-269 of the Virginia Code, as amended, which relates to presumptions arising from the alcohol content of blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 10. 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 to read as follows:

Sec. 10-3-270.1 Ignition interlock systems; penalty.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-270.1 of the Virginia Code, as amended, which relates to ignition interlock systems and the penalty for tampering with or circumventing the operation of such a system, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 11. 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 to read as follows:

Sec. 10-3-270.2 Ignition interlock system; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-270.2 of the Virginia Code, as amended, which relates to (i) certification of ignition interlock systems, (ii) regulation of the installation, maintenance and certification of such systems, and (iii) author-ization to sell or lease such systems, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 12. 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 to read as follows:

Sec. 10-3-272 Driving after forfeiture of license.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-272 of the Virginia Code, as amended, which relates to driving after forfeiture of a driver's license, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 13. 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 to read as follows:

Sec. 10-3-341.4 Definitions.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.4 of the Virginia Code, as amended, which sets out the definitions to be used in conjunction with statutes affecting holders of a commercial driver's license, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein, for use in conjunction with the following sections in this chapter which address the holders of commercial drivers licenses.

Section 14. 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 to read as follows:

Sec. 10-3-341.24 Driving a commercial motor vehicle while intoxicated, etc.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 18.2-272 of the Virginia Code, as amended, which relates to driving after forfeiture of a driver's license, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 15. 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 to read as follows:

Sec. 10-3-341.26:1 Use of chemical tests to determine alcohol or
Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:1 of the Virginia Code, as amended, which sets out the definitions to be used in conjunction with chemical testing of commercial motor vehicle operators to determine the alcohol and/or drug content of their blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 16. 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 to read as follows:

Sec. 10-3-341.26:2 Implied consent to post arrest chemical test
Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:2 of the Virginia Code, as amended, which relates to the implied consent of commercial motor vehicle operators to submit to post-arrest chemical testing to determine the drug or alcohol content of their blood, is hereby adopted and in-corporated in its entirety into this chapter as if it were fully set forth herein.

Section 17. 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 to read as follows:

Sec. 10-3-341.26:3 Refusal of tests; issuance of out-of-service
Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:3 of the Virginia Code, as amended, which relates to the refusal of commercial motor vehicle operators to submit to post-arrest chemical- tests to determine the drug or alcohol content of their blood or breath, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 18. 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 to read as follows:

Sec. 10-3-341.26:4 Appeal and trial; sanctions for refusal;
Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:4 of the Virginia Code, as amended, which relates to the procedure for appeal and trial of the warrant or summons is-sued for a refusal to submit to post-arrest chem-ical tests and the sanctions for such refusal, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 19. 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 to read as follows:

Sec. 10-3-341.26:5 Qualifications and liability of persons
Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:5 of the Virginia Code, as amended, which relates to the qualifications and liability of persons authorized to take blood samples for the purpose of determining the blood's alcohol and/or drug content, and the procedures to be followed in taking such blood samples, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 20. 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 to read as follows:

Sec. 10-3-341.26:6 Transmission of blood samples.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:6 of the Virginia Code, as amended, which relates to the procedures to be followed in the preservation and transmission of blood samples for analysis of the blood's alcohol and/or drug content, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 21. 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 to read as follows:

Sec. 10-3-341.26:7 Transmission of results.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:7 of the Virginia Code, as amended, which relates to transmission of blood test results and the admissibility of blood test results as evidence in court, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 22. 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 to read as follows:

Sec. 10-3-341.26:8 Fees relating to blood samples.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:8 of the Virginia Code, as amended, which relates to the fees that may be charged for withdrawal and analysis of blood samples, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 23. 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 to read as follows:

Sec. 10-3-341.26:9 Assurance of breath test validity; use of
Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:9 of the Virginia Code, as amended, which relates to standards for the chemical analysis of a person's breath and the use of breath test results as evidence in court, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 24. 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 to read as follows:

Sec. 10-3-341.26:10 Evidence.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:10 of the Virginia Code, as amended, which relates to the admissibility of evidence at trial for violation of city code section 10-3-341.24 and comparable Virginia Code sections, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 25. 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 to read as follows:

Sec. 10-3-341.26:11 Substantial compliance.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.26:11 of the Virginia Code, as amended, which relates to compliance with the steps set forth in city code sections 10-3-341.26:2 through 10-3-341.26:9 relating to the taking, handling, identifying and disposing of blood or breath samples, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 26. 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 to read as follows:

Sec. 10-3-341.27 Presumptions from alcohol content of blood.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.27 of the Virginia Code, as amended, which relates to presumptions arising from the alcohol content of blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 27. 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 to read as follows:

Sec. 10-3-341.28 Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.28 of the Virginia Code, as amended, which relates to the penalty for operating a commercial motor vehicle while intoxicated, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 28. 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 to read as follows:

Sec. 10-3-341.29 Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.29 of the Virginia Code, as amended, which relates to the penalty for operating a commercial motor vehicle with a blood alcohol content equal to or greater than 0.04, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 29. 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 to read as follows:

Sec. 10-3-341.31 Driving commercial motor vehicle with any alcohol in blood.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-341.31 of the Virginia Code, as amended, which relates to the penalty for operating a commercial motor vehicle with any alcohol in the operator's blood, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 30. That any amendments enacted by the Virginia General Assembly, between January 1, 1989, and the effective date of this ordinance, to the sections and provisions of the Virginia Code which are incorporated by reference in chapter 3 of title 10 of The City Code of the City of Alexandria, 1981, as amended, be, and the same are hereby, adopted and incorporated into the city code.
Section 31. That chapter 3 of title 10 of The Code of the City of Alexandria, 1981, as amended, as said chapter 3 has been amended by this ordinance, be, and the same is hereby, reordained.

Section 32. That any amendments enacted by the Virginia General Assembly after the effective date of this ordinance to the sections and provisions of the Virginia Code which are incorporated by reference in chapter 3 of title 10 of The City Code of the City of Alexandria, 1981, as amended, shall, upon their effective date, be automatically adopted and incorporated into the city code, unless a contrary intent is expressed by the city council.

Section 33. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

15. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Potomac West Small Area Plan Chapter of the 1992 Alexandria Master Plan to change the land use guidelines for development within Coordinated Development District No. 7 to allow, with a special use permit, the "automobile and trailer rental and sales" use within the portion of the CDD that is zoned OC. (#23 1/14/97) [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 Councilman Euille, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3910

AN ORDINANCE to amend and reordain the Potomac West Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such small area plan chapter as Master Plan Amendment No. 96-007, and to repeal all provisions of the said small area plan chapter as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 96-007, City Council on its motion initiated the amendment of the Potomac West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the property at 3800-3804 Jefferson Davis Highway to allow an automobile dealership in the underline zoning of a portion of the CDD No. 7/Coordinated Development District, Route 1 properties.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

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

Section 1. That the text of the Potomac West Small Area Plan Chapter of the 1992 Master Plan, under the heading "CDD Principals for the Route 1 Properties - Development Without a Special Use Permit" be, and the same hereby is, amended to read as follows:

Development without a special use permit

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan text amendment as part of the appropriate Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the Potomac West Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

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

KERRY J. DONLEY
Mayor

Introduction: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

16. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by adding "automobile and trailer rental and sales" as a use that is allowed with a special use permit within the portion of Coordinated Development District No. 7 that is zoned OC. (#24 1/14/97) [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 ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on 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. 3911

AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICT CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS), under Section 5-600 (CDD/Coordinated Development District) of Article V (MIXED USE ZONES) of the City of Alexandria Zoning Ordinance (RZ No. 96-009, TA No. 96-018)

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

1. The Potomac West Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria has been amended to permit an automobile dealership, by special use permit, in the underlying zoning of that portion of CDD No. 7/Coordinated Development District, Route 1 Properties, zoned OC.

2. It is necessary and desirable to amend the City of Alexandria Zoning Ordinance to implement the aforesaid amendment to the Master Plan.

3. Based upon the foregoing findings and all their facts and circumstances in which the City Council may properly take notice in its capacity as a legislative body the City of Alexandria, Virginia, adoption of this ordinance is necessary and desirable to protect the public health safety and general welfare; NOW, THEREFORE,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That paragraph (7) of Section 5-602(A) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
[Table Appears on Page 2 of Ordinance (Page 32 of Minutes)]

Without A CDD Special Use PermitWith A CDD Special Use Permit
Maximum FAR and/or development levels
Maximum Heights Uses
RB zone regulations apply along Reed Avenue, the RC zone regulations apply along Commonwealth Avenue to a depth of 100 feet and the OC zone regulations apply on the remainder of the site provided that:

- heights in the area along Commonwealth Avenue shall not exceed 45 feet

- the use of automobile and trailer rental or sales be permitted with a special use permit on the portion of the site governed by the OC zone regulations		Mix of uses including office, retail, residential,
hotel and open space.

Section 2. That Section 5-602 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria's Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Introduction: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

17. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance to provide as follows: (i) that parking spaces for the occupants of or the visitors to a school or church located in a residential zone that exceed the number of required parking spaces shall require a special use permit; (ii) that parking spaces for the occupants or residents of, or the visitors to, any other principal use located in a residential or commercial zone that exceed the number of required parking spaces shall be permitted and shall not require a special use permit; (iii) that parking spaces that are not for the occupants or residents of, or the visitors to, a principal use located in a residential zone shall be prohibited; and (iv) that parking spaces that are not for the occupants or residents of, or the visitors to, a principal use located in a commercial zone shall, if 20 spaces or fewer, be allowed without a special use permit and shall, if more than 20 spaces, be allowed only with a special use permit. (#25 1/14/97) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated January 21, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of the Planning and Zoning Director's memorandum dated January 14, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 1/25/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Jenkins' letter dated January 18, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 17; 1/25/97, 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.

Vice Mayor Pepper directed questions to Deputy Director of Planning and Zoning Ross.

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3912

AN ORDINANCE to amend and reordain Section 2-177 (MOTOR VEHICLE PARKING OR STORAGE) under Section 2-100 (DEFINITIONS) of Article II (DEFINITIONS); and Section 3-103 (SPECIAL USES) under Section 3-100 (R-20/SINGLE FAMILY ZONE), Section 3-203 (SPECIAL USES) under Section 3-200 (R-12/SINGLE FAMILY ZONE), Section 3-303 (SPECIAL USES) under Section 3-300 (R-8/SINGLE FAMILY ZONE), Section 3-403 (SPECIAL USES) under Section 3-400 (R-5/SINGLE FAMILY ZONE), Section 3-503 (SPECIAL USES) under Section 3-500 (R-2-5/SINGLE AND TWO-FAMILY ZONE), Section 3-603 (SPECIAL USES) under Section 3-600 (RA/MULTI-FAMILY ZONE), Section 3-703 (SPECIAL USES) under Section 3-700 (RB/TOWNHOUSE ZONE), Section 3-803 (SPECIAL USES) under Section 3-800 (RCX/MEDIUM DENSITY APARTMENT ZONE), Section 3-903 (SPECIAL USES) under Section 3-900 (RC/HIGH DENSITY APARTMENT ZONE), Section 3-1002 (SPECIAL USES) under Section 3-1000 (RD/HIGH DENSITY APARTMENT ZONE), Section 3-1103 (SPECIAL USES) under Section 3-1100 (RM/TOWNHOUSE ZONE), Section 3-1203 (SPECIAL USES) under Section 3-1200 (RS/TOWNHOUSE ZONE), and Section 3-1303 (SPECIAL USES) under Section 3-1300 (RT/TOWNHOUSE ZONE), all of Article III (RESIDENTIAL ZONE REGULATIONS); and Sections 4-102 (PERMITTED USES) and 4-103 (SPECIAL USES) under Section 4-100 (CL/COMMERCIAL LOW ZONE), Sections 4-202 (PERMITTED USES) and 4-203 (SPECIAL USES) under Section 4-200 (CC/COMMERCIAL COMMUNITY ZONE), Sections 4-302 (PERMITTED USES) and 4-303 (SPECIAL USES) under Section 4-300 (CSL/COMMERCIAL SERVICE LOW ZONE), Sections 4-202 (PERMITTED USES) and 4-403 (SPECIAL USES) under Section 4-400 (CG/COMMERCIAL GENERAL ZONE), Section 4-502 (PERMITTED USES) and 4-503 (SPECIAL USES) under Section 4-500 (CD/COMMERCIAL DOWNTOWN ZONE), Sections 4-602 (PERMITTED USES) AND 4-603 (SPECIAL USES) under Section 4-600 (CD-X/COMMERCIAL DOWNTOWN ZONE-OLD TOWN NORTH), Sections 4-802 (PERMITTED USES) and 4-803 (SPECIAL USES) under Section 4-800 (OC/OFFICE COMMERCIAL ZONE), Sections 4-902 (PERMITTED USES) and 4-903 (SPECIAL USES) under Section 4-900 (OCM(50)/OFFICE COMMERCIAL MEDIUM (50) ZONE), Sections 4-1002 (PERMITTED USES) and 4-1003 (SPECIAL USES) under Section 4-1000 (OCM(100)/OFFICE COMMERCIAL MEDIUM (100) ZONE), Sections 4-1102 (PERMITTED USES) and 4-1103 (SPECIAL USES) under Section 4-1100 (OCH/OFFICE COMMERCIAL HIGH ZONE), and Sections 4-1202 (PERMITTED USES) and 4-1203 (SPECIAL USES) under Section 4-1200 (I/INDUSTRIAL ZONE), all of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES); and Sections 5-102 (PERMITTED USES) and 5-103 (SPECIAL USES) under Section 5-100 (CRMU-L/COMMERCIAL RESIDENTIAL MIXED-USED LOW ZONE), Sections 5-202 (PERMITTED USES) and 5-203 (SPECIAL USES) under Section 5-200 (CRMU-M/COMMERCIAL RESIDENTIAL MIXED-USE MEDIUM ZONE), Sections 5-302 (PERMITTED USES) and 5-303 (SPECIAL USES) under Section 5-300 (CRMU-H/COMMERCIAL RESIDENTIAL MIXED-USE HIGH ZONE), and Sections 5-402 (PERMITTED USES) and 5-403 (SPECIAL USES) under Section 5-400 (CRMU-X/COMMERCIAL RESIDENTIAL MIXED-USE OLD TOWN NORTH ZONE), all of Article V (MIXED USE ZONES), of the City of the City of Alexandria Zoning Ordinance (TA No. 96-014).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-177 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended to read as follows:

Sec. 2-177 Motor vehicle parking or storage. Any land, building or structure where motor vehicles are parked or stored as a principal use, or for other than the occupants, residents or visitors of a principal use.

Section 2. That Sections 3-103, 3-203, 3-303, 3-403, 3-503, 3-603, 3-703, 3-803, 3-903, 3-1002, 3-1103, 3-1203, and 3-1303 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by adding a new subsection thereto, the appropriate subsection heading to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:

(_) Any church or school parking added after October 1, 1996 which exceeds the number of spaces required by this ordinance; provided, however, that no special use permit for such excess parking shall regulate or substantially burden any religious practice or belief.

Section 3. That Sections 4-102, 4-202, 4-302, 4-402, 4-502, 4-602, 4-802, 4-902, 4-1002, 4-1102, 4-1202, 5-102, 5-202, 5-302, and 5-402 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by adding thereto a new subsection, the appropriate subsection heading to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:

(_) Motor vehicle parking or storage for 20 vehicles or fewer.

Section 4. That Sections 4-103, 4-203, 4-303, 4-403, 4-503, 4-603, 4-803, 4-903, 4-1003, 4-1103, 4-1203, 5-103, 5-203, 5-303, and 5-403 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by adding thereto a new subsection, the appropriate subsection heading to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:

(-) Motor vehicle parking or storage for more than 20 vehicles.

Section 5. That Sections 2-177, 3-103, 3-203, 3-303, 3-403, 3-503, 3-603, 3-703, 3-803, 3-903, 3-1002, 3-1103, 3-1203, 3-1303, 4-102, 4-103, 4-202, 4-203, 4-302, 4-303, 4-402, 4-403, 4-502, 4-503, 4-602, 4-603, 4-802, 4-803, 4-903, 4-1002, 4-1003, 4-1102, 4-1103, 4-1202, 4-1203, 5-102, 5-103, 5-202, 5-203, 5-302, 5-303, 5-402 and 5-403 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 6. That this ordinance shall become effective upon the date 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: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way at four locations at 615 North Saint Asaph Street to allow entry canopies and bay windows to project over the sidewalk. (#26 1/14/97) [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 on 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. 3913

AN ORDINANCE authorizing encroachments into the public rights-of-way at 615 North St. Asaph Street and the 500 block of Wythe Street, in the City of Alexandria, Virginia.

WHEREAS, Madison Homes Inc. ("Applicant") is the developer of the property located at 615 North St. Asaph Street in the City of Alexandria, Virginia; and

WHEREAS, Applicant desires to establish and maintain several encroachments into the public right-of-way at 615 North St. Asaph Street and one encroachment into the public right-of-way at the 500 block of Wythe Street; and

WHEREAS, the public rights-of-way at those points in the 600 block of North St. Asaph Street and 500 block of Wythe Street will not be significantly impaired by these encroachments; and

WHEREAS, these encroachments have 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 these encroachments are not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Applicant and the Applicant's successors (collectively, the "Owner") be, and the same hereby are, authorized to establish and maintain several encroachments into the public right-of-way at 615 North St. Asaph Street, and one encroachment into the public right-of-way at the 500 block of Wythe Street, which encroachments shall consist of: (1) a series of 10 projecting glass and steel canopies, each erected to a height of between eight and one-half feet to 10 feet above grade and measuring 13 feet, eight inches in width and projecting a maximum of four feet from the face of the building on North St. Asaph Street; (2) an entry canopy constructed of a metal frame and covered with canvas that will be erected to a height of approximately 10 feet above the sidewalk, will measure 14 feet in length across the front of the building and will project 11 feet from the building's front wall on North St. Asaph Street; (3) a balcony/bay window that will be erected a minimum of 10 feet above grade, will measure 20 feet in length across the front of the building, and will project one foot eight inches from the building's front wall on North St. Asaph Street; and (4) a balcony/bay window that will be erected a minimum of 10 feet above grade, will measure 20 feet in length across the Wythe Street portion of the building, and will project one foot eight inches from the building's Wythe Street wall. Said encroachments may continue until they are removed or destroyed or the authorization to maintain them is terminated by the city; provided, that this authorization to establish and maintain the encroachments shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachments and shall be subject to the provisions set forth below.

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

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 encroachments. 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 encroachments 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 encroachments from the public right-of-way, or the city, at its option, may remove the encroachments 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 encroachments and by so establishing and/or maintaining the encroachments, 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 encroachments.

Section 4. That the authorization herein granted to establish and maintain the encroachments shall be subject to Owner's maintaining the area of the encroachments 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 encroachments 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 encroachments 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 encroachments. 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 encroachments within the time specified, the city shall have the right to remove the encroachments, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachments 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: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

19. (a) CHARTER SECTION 9.06, CASE #96-05 -- 138 DALE STREET -- SALE OF PROPERTY IN HUME SPRINGS -- Public Hearing and Consideration of a proposal by the City of Alexandria for the sale of property located at 138 Dale Street, within the Hume Springs area, pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria.

COMMISSION ACTION: Approved

(A copy of the Planning Commission report dated January 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19(a), 1/25/97, and is incorporated herewith as part of this record by reference.)

(b) Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the sale of the city-owned property at 138 Dale Street to Bessie M. McCargo. (#27(b) 1/14/97) [ROLL-CALL VOTE]

The City Clerk read the docket items.

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

(a) WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried unanimously, City Council approved the request. The voting was as follows:

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3914

AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located at 138 Dale Street in the City of Alexandria, Virginia, to Bessie M. McCargo.

WHEREAS, the City of Alexandria owns the real property located at 138 Dale Street in Alexandria, Virginia; and

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

WHEREAS, the city manager has recommended the sale of this property for $85,000 to Bessie M. McCargo; and

WHEREAS, the city council is of the opinion that the city no longer needs this property, that its disposition, according to the terms and conditions of Real Estate Purchase Agreement between the City of Alexandria and Bessie M. McCargo (hereinafter, the "Agreement," a copy of which is attached) will further the city's policy to promote affordable housing, and that its sale is in the public interest; and

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

Section 1. That the sale of the real property described below to Bessie M. McCargo, for $85,000, under the terms and conditions contained in the Agreement, which Agreement is hereby incorporated in this ordinance as if fully set forth herein, be, and the same hereby is, approved and authorized:

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

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

Attachment: Real Estate Purchase Agreement for 138 Dale Street, Alexandria, Virginia

Introduction: 1/14/97
First Reading: 1/14/97
Publication: 1/15/97; 1/16/97
Public Hearing: 1/25/97
Second Reading: 1/25/97
Final Passage: 1/25/97
* * * * *

INSERT REAL ESTATE PURCHASE AGREEMENT







OTHER

20. Consideration of Update Report on Items Before the 1997 General Assembly. (#19 1/14/97)

There was no update report on this item.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR (21-23)

Planning Commission (continued)

21. SPECIAL USE PERMIT #96-0175 -- 227 NORTH HENRY STREET --ALEXANDRIA LODGE, IBPOEW -- Public Hearing and Consideration of a request for a special use permit to operate a fraternal club; zoned CL/Commercial Low. Applicant: Alexandria Lodge No. 48, IBPOEW, by Donald L. Taylor.

COMMISSION ACTION: Deferred 4-0

22. SPECIAL USE PERMIT #96-0160 -- 310 NORTH FAIRFAX STREET --FAIRFAX ROW TOWNHOUSE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a residential townhouse development. A special use permit is requested for outlot development and a temporary sales trailer. Modifications to open space and yards are requested; zoned CD/Commercial Downtown. Applicant: A & A Limited Partnership, by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred 3-1

23. SPECIAL USE PERMIT #96-0173 -- 1500 KING STREET, UNITS 104 & 105 -- TINY TOTS DAY CARE -- Public Hearing and Consideration of a request for an amendment to a special use permit to increase the number of children permitted for a child care center; zoned OCH/Office Commercial High. Applicant: K & L, LLC, by Yvonne D. Weight, attorney.

COMMISSION ACTION: Deferred; Applicant's Request

WITHOUT OBJECTION, City Council noted the deferrals.

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously, at 4:35 p.m., the Public Hearing Meeting of Saturday, January 25, 1997, was adjourned. The voting was as follows:

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

APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR





______________________________________________
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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