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Public Hearing Meeting
Saturday, March 15, 1997 - - 9:30 a.m.

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

Absent: None.

Also Present: Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Smith, Urban Planner, Planning and Zoning; Ms. Sechrist, Urban Planning, Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Mr. Brannan, Assistant City Manager; Ms. Hansen, Deputy Director of Housing; Mr. Neckel, Director of Finance; Ms. Federico, Director of Historic Alexandria; Fire Chief Hawkins; 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) Sarah Becker, 105-107 South Fairfax Street, representing the Apothecary Museum, acknowledged national media received regarding the Apothecary Museum in the 1997 edition of Early American Homes Gardens.

(A copy of the magazine article is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (a); 3/15/97, and is incorporated herewith as part of this record by reference.)

(b) Poul Hertel, 1217 Michigan Court, president, North-East Citizens' Association, requested a response to the Association's traffic proposal which was formally presented almost a year ago; a copy of Mr. Hertel's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (b), 3/11/97, and is incorporated herewith as part of this record by reference.

Staff will be meeting with the Association to go over each element of the plan.

(c) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-9)

Planning Commission

WITHOUT OBJECTION, City Council removed Docket Item No. 8 from the Action Consent Calendar and considered it under separate motion.

3. TEXT AMENDMENT #97-01 -- PROJECTION OF EAVES --
Public Hearing and Consideration of an amendment to Section 7-202(A)(3) (Permitted structures in required yards; Permitted obstructions; In all yards) of the Zoning Ordinance to allow a roof eave projecting 12 inches or less to encroach into a required yard. Staff: Department of Planning and Zoning.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 3/15/97, and is incorporated herewith as part of this record by reference.)

4. CITY CHARTER, SECTION 9.06; CASE #97-01 --Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties. Staff: Office of Housing.

a. 437 Earl Street
b. 712 North Patrick Street
c. 3640 Edison Street
d. 240 Lynhaven Drive
e. 3724 Mark Drive

(A copy of the Planning Commission report dated March 4, 1997, together with the City Manager's memorandum dated February 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 4; 3/15/97, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #97-0004 -- 376 CALVERT AVENUE -- OAKVILLE INDUSTRIAL PARK -- Public Hearing and Consideration of a request for a special use permit to allow a retail use and for a parking reduction for the retail use; zoned I/Industrial. Applicant: Omnifics, Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/15/97, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #97-0006 -- 1201 NORTH ROYAL STREET -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a permit for a parking reduction for mixed uses; zoned CD-X/Commercial Downtown. Applicant: 1201 North Royal Street Associates Limited Partnership, by Robert E. Craddock.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/15/97, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #97-0014 -- 642 SOUTH PICKETT STREET -- NICK'S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned I/Industrial. Applicant: NMC Limited.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/15/97, and is incorporated herewith as part of this record by reference.)

9. TEXT AMENDMENT #96-15B -- Public Hearing and Consideration of amendments to Section 6-405(B) (Increased height in King Street Metro Height District for ground floor retail space) of the Zoning Ordinance based on the recommendations of the Committee on Development Processes. Staff: Department of Planning and Zoning.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/15/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 8, which was considered under separate motion. The recommendations of the Planning Commission are as follows:

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

4. City Council approved the recommendation of the Planning Commission and approved this request, subject to compliance with all applicable codes, ordinances and staff recommendations; and approved the City Manager's recommendation as follows: (1) approved the addition and deletion of the properties listed on pages 2 and 3 to the currently approved List of Blighting Influences in the Potomac East Conservation District and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the five Potomac East and Potomac West properties to be added to the List as listed above; and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines.

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

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

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

9. City Council approved the recommendation of the Planning Commission 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 "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

8. SPECIAL USE PERMIT #97-0019 -- 3601 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD RETAIL CENTER -- Public Hearing and Consideration of a request for a special use permit for restaurant uses within a retail business at the Potomac Yard Retail Center, including Target, Barnes and Noble Books, and Shoppers Food Warehouse; zoned I/Industrial. Applicant: Potomac Yard Retail, Inc., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Middleton's memorandum dated March 13, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 3/15/96, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association's memorandum dated February 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 8; 3/15/97, and is incorporated herewith as part of this record by reference.)





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

Howard Middleton, 510 King Street, attorney representing the applicant, spoke to the clarification of Condition No. 4.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the clarification of Condition No. 4 to read as follows: "4. No alcoholic beverages shall be served within the cafes for on-premises consumption." The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

10. Public Hearing on and Consideration of Report from the Interim Board of Directors for the Potomac West Alliance Pilot Project. (#17 2/25/97; #13 11/12/96) (Council Member Walker)

(A copy of the City Manager's memorandum dated February 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/15/97, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 10; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

Mantill Williams, 801 North Fairfax Street, representing the Alexandria Chamber of Commerce, spoke in support of the report and in support of the Alliance's overall mission statement, goals and board composition; however, the Chamber does have concerns in three key areas as follows: (1) the Alliance's organizational structure, (2) the proposed budget, and (3) the Chamber recommends that the City conduct an objective analysis of its economic development activities;

Members of Council directed questions to Mr. Williams.

David Fromm, 2307 East Randolph Avenue, stated that this should be a membership-based organization;

Amy Slack, 2307 East Randolph Avenue, spoke in support and stated that it should be a membership-based organization;

William H. Miller, 20 East Windsor, spoke in support;

Duane Shields, 324 East Clifford Avenue, spoke in support;

Norman T. Hatch, 206 West Mount Ida Avenue, representing the Potomac West Alliance, spoke in support;

Scott Mitchell, 2300 Mount Vernon Avenue, spoke in support;

Pat Miller, 1806 North Cliff Street, representing the Potomac West Alliance Interim Board, spoke in support;

Chellyn Rinehart, 5807 Merton Court, #383, spoke in support;

Gayle T. Reuter, 111 East Randolph Avenue, representing the Potomac West Business Association, spoke in support; and

Jim Fowler, 1071 Palmer Place, representing the Sears Tire Group and Board Member of Potomac West Alliance Pilot Project, spoke in support.

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council (1) extended the appointments of the members of the Interim Board of Directors from February 25 until City Council appoints the permanent Board of Directors; (2) requested the Executive Secretary of Boards and Commissions to advertise the positions, which process has already begun; (3) requested City staff to work with the Interim Board of Directors to advertise for an Executive Director of the Potomac West Alliance. The Interim Board would develop the advertisement and initiate the process, and the Permanent Board would screen and interview the applicants and select the Executive Director; (3) Designated the $11,526 remaining from the Potomac West Alliance Pilot Project as follows: (a) $500 to cover the cost of materials used for the community presentations the members of the Interim Board made during the month of January, and (b) $11,026, a portion of which would be used to advertise the Executive Director position, and the balance to be used by the permanent Board of Directors of the Potomac West Alliance as operating monies; (4) released to the permanent Board of Directors the $50,000 in FY 1997 funds already appropriated for the permanent Alliance in the City's FY 1997 adopted budget, as follows: $25,000 in General Fund monies to be released at the time the permanent Board is appointed and $25,000 in Community Development Block Grant funds to be released in monthly payments in accordance with Federal regulations; and (5) approved, in concept, level City funding for the Potomac West Alliance for FY 1998, FY 1999 and FY 2000 under the terms and conditions stated on pages 5-7 of the City Manager's memorandum. The decision for each annual allocation would be made by City Council in the context of the adoption of the City's annual budget, and also earmarked an additional $25,000 which would be moved at the request of the Potomac West Alliance Permanent Board of Directors, and which would be earmarked in our Reserve Fund. The voting was as follows:

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

THEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution, as amended, establishing a 17-member permanent Board of Directors of the Potomac West Alliance (15 voting and 2 non-voting members). The Board would exist for three years as a City Council appointed body after which the Alliance members would elect the Board of Directors; [the Executive Secretary for Boards and Commission advertised for the positions on March 14, 1997]; City Council amended the resolution as follows: "BE IT ALSO RESOLVED, that the City Council urges the permanent Board to establish a membership organization whose ultimate Board of Directors shall be appointed by the members of the Potomac West Alliance." The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1821
WHEREAS, the Alexandria City Council has received the final report of the Interim Board of Directors of the Potomac West Alliance Pilot Project; and

WHEREAS, the Alexandria City Council has approved the recommendations of the Interim Board, to form a permanent Potomac West Alliance as a 501(c)3, non-profit organization and to appoint a permanent Board of Directors; and

WHEREAS, the mission of the Potomac West Alliance is to become a coalition of residents, businesses, civic and business associations, and property owners in the Potomac West area of Alexandria, working in partnership with the Alexandria City Government, to advocate and foster actions to make Potomac West a better place in which to work, shop and live;

NOW, THEREFORE, BE IT RESOLVED that Resolution No. 1777 establishing the Interim Board of Directors of the Potomac West Alliance Pilot Project is repealed as of the date of the appointment of the permanent Board of Directors and that the Interim Board of Directors shall continue to serve until the appointment of the permanent Board; and

BE IT ALSO RESOLVED, that the City Council urges the permanent Board to establish a membership organization whose ultimate Board of Directors shall be appointed by the members of the Potomac West Alliance.

BE IT FURTHER RESOLVED that appointments to the permanent Board of Directors of the Potomac West Alliance shall be made by the City Council in April 1997 and that the voting members of the permanent Board shall serve three-year terms except that the initial appointment of the voting members shall be for one, two-and three-year staggered terms, distributed evenly among the four categories of membership, as determined by a lottery at the first meeting of the permanent Board.
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11. Consideration and Approval of Revisions to the Deed Conveying the Alexandria Academy Building to the Historic Alexandria Foundation, Inc., in Order to Facilitate Funding by the Foundation of the Restoration of the Academy Building. [THIS IS NOT A PUBLIC HEARING ITEM.]

(A copy of the City Manager's memorandum dated March 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/15/97, and is incorporated herewith as part of this record by reference.)

Councilman Speck directed questions to City Attorney Sunderland.

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council approved the revision to the deed. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

12. Public Hearing and Consideration of an Appeal of a Decision of the Board of Architectural Review, Parker-Gray District, on January 22, 1997, Granting, As Amended, a Request for Approval of Alterations to 324 North Henry Street, Zoned CL Commercial [CASE BAR-96-0295PG]. Applicant: United Building Contractors for the United House of Prayer for All People. Appellant: James J. Luby, on behalf of petitioners.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of a letter from Bishop Madison dated February 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of a letter from Apostle Lattisaw dated February 18, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 12; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated February 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 12; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

James Luby, 312 1/2 North Henry Street, representing himself and petitioners, spoke to the appeal; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Lori McMullen, 1118 Princess Street, spoke in support of the appeal;
Carol Johnson, 1301 Princess Street, representing the Inner City Civic Association, spoke in support of the appeal;

Lynn LaBerge, 329 North Henry Street, spoke in support of the appeal; photographs presented by Ms. LaBerge are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 6 of this item;

Jennifer Gibbins, 902 Pendleton Street, speaking as the Inner City Representative to the Board of Architectural Review, reflected a different viewpoint with respect to some members who do not oppose the design of the crosses, and spoke to the petition;

John B. Urban, 4001 Corry Drive, architect representing the applicant, spoke in support of the BAR decision;

Carol Guy-Jackson, 1200 19th Street, N.W., Washington, D.C., attorney representing the applicant, spoke in support of the BAR decision;

Apostle R. C. Lattisaw, 611 Cabin Bridge Road, Pastor, spoke in support of the BAR decision;

Apostle S. Green, 1117 7th Street, N.W., Washington, D.C., representing the applicant, spoke in support of the BAR decision;

William Cromley, 421 North Alfred Street, representing the Parker-Gray Board of Architectural Review, spoke against the appeal;

Donald Kraft, 1209 1/2 Queen Street, representing the Parker-Gray Board of Architectural Review, spoke against the appeal; and

David Zuckerkandel, 622 South Pitt Street, representing the Parker-Gray Board of Architectural Review, spoke against the appeal.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously, City Council denied the appeal, upheld the decision of the Board of Architectural Review and referred the matter back to the staff to work with the congregation and the community with the understanding that we would try to darken the colors (both red and blue), to soften the lighting as best we can, as well as potentially change the material if it is deemed appropriate. The voting was as follows:

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

13. Public Hearing and Consideration of an Appeal of a Decision of the Board of Architectural Review, Parker-Gray District, on February 25, 1997, Denying a Request for Approval of Vinyl Siding to be Installed at 712 North Patrick Street, Zoned RB Residential [CASE BAR-96-0296PG]. Applicant and Appellant: Edward Horn, on behalf of property owner James Goolsby.

(A copy of the Board of Architectural Review Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/15/97, and is incorporated herewith as part of this record by reference.
A copy of a letter from James and Daisey Goolsby is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated February 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 13; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

Ed Horn, 325 North Henry Street, representing the applicant, spoke in support of the appeal;

Kevin Sneed, 309 East Glendale, #4, representing the Parker-Gray Board of Architectural Review, spoke against the appeal and in support of the Board of Architectural Review's decision; and

James Goolsby, 712 North Patrick Street, spoke in support of the appeal.

General Discussion. Members of City Council, Mr. Sneed, Mr. Horn, Board of Architectural Review staff Smith and Sechrist, Mr. Goolsby, and City Attorney Sunderland participated in the discussion.

WHEREUPON, a motion was made by Councilman Euille, seconded by Mayor Donley to uphold the appeal and overturn the Parker-Gray Board of Architectural Review; which motion FAILED on a vote of 3-to-4. The voting was as follows:

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

THEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 4-to-3, City Council denied the appeal. The voting was as follows:

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

Planning Commission (continued)

14. SPECIAL USE PERMIT #96-0087 -- 5300-5320 EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit to approve noncomplying and special uses and a reduction of the required off-street parking; zoned OCH/Office Commercial High. Applicant: Krucoff Realty Partnership, by William C. Thomas, Jr., attorney.
Recommend Denial of Parking Reduction 7-0

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/15/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request for the SUP uses, subject to recommendations, the added conditions #5 and #6, and denied the request for a parking reduction. The voting was as follows:

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

15. 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.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

Yvonne DeBruyn Weight, 221 South Fayette Street, attorney representing the applicant, spoke in support.

General Discussion. Members of City Council, Ms. Weight, and Child Care Coordinator Farrell participated in the discussion.

WHEREUPON, a motion was made by Vice Mayor Pepper, seconded by Councilman Euille to overturn the Planning Commission recommendation, to deny the application, and to support the staff recommendation; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #4. The voting was as follows:

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





16. TEXT AMENDMENT #97-02 -- REVISION TO ZONING ORDINANCE -- (FROM DEVELOPMENT COMMITTEE) -- Public Hearing and Consideration of amendments to Section 11-705(B)(1) (Transportation Management Plan; Contents of Application); Section 11-506(C)(2)(a) (Development Approvals and Procedures; Special Use Permits; Commencement of use required; Use with new construction); Sections 10-106(B) and 10-206(B) (Historic Districts; Expiration of certificates of appropriateness or permits); and Section 11-500 (Development Approvals and Procedures; Special Use Permits; Separate permit not required) of the Zoning Ordinance, all consistent with the recommendations of the Committee on Development Processes. Staff: Department of Planning and Zoning.
Recommend Denial of Amend. 2&3 (extend
SUP, BAR to 3 Years) 7-0

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of the Alexandria Environmental Policy Commission memorandum dated February 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of the Seminary Hill Association's memorandum dated February 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

William B. Hurd, 219 South Royal Street, representing the Planning Commission, spoke in support of the report;

Jack Sullivan, 4300 Ivanhoe Place, spoke; and

Poul Hertel, 1217 Michigan Court, representing North-East Citizens' Association, spoke to traffic.

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

Council Member Walker requested that there be an agenda item for the Retreat regarding transportation. One of the things that can be addressed is how our TMPs can address our concerns. Mayor Donley stated that the Regional Mobility Plan will also be available in September.






WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved text amendment #1 regarding TMPs; denied text amendments #2 and #3 to expand the life of a SUP and BAR approvals for three years; and approved text amendment #4 regarding unnecessary separate SUP approvals and to make an amendment to the proposed text. The voting was as follows:

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

17. STREET NAMES -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of approval of new street names for public streets. Staff: Department of Planning and Zoning.

NOTE: ITEM WITHDRAWN. NO CITY COUNCIL ACTION IS NECESSARY.

18. SPECIAL USE PERMIT #96-0184 -- 101 WALES ALLEY -- Public Hearing and Consideration of a request for a special use permit for an outlot development, with site plan, for construction of a 5,160-square-foot commercial building and request to increase floor area ratio, and increase building height; zoned CD/Commercial Downtown. Applicant: Watauga Properties, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/15/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Bynum's letter dated March 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of a flier is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

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

James L. Brown, 5301 Burke Drive, architect representing the applicant, spoke in support;

David A. Bynum, Six King Street, spoke against;

Jonas Neihardt, 725 South Pitt Street, representing Old Town Civic Association, spoke to two design concerns, gables and the glass atrium; and

John Chapman Gager spoke.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

19. SPECIAL USE PERMIT #96-0191 -- 1 EAST WALNUT STREET -- WALNUT COMMONS -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of four residential townhomes, including reduction in the parking requirements and modifications to yard requirements and open space; zoned CL/Commercial Low. Applicant: PR Construction and Development, Inc., Robert Montagne, Jr.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/15/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

20. SPECIAL USE PERMIT #97-0010 -- 3601 JEFFERSON DAVIS HIGHWAY; SLATER'S LANE -- SLATER'S VILLAGE (OLD TOWN GREENS) -- POTOMAC YARD SITE -- Public Hearing and Consideration of a request for a special use permit amendment to the residential development to add a dwelling unit, change the sanitary sewer condition and extend the time for commencement of operation; zoned CRMU-L/Commercial Residential Mixed Use, Low. Applicant: Slater's Village, L.L.C., by J. Howard Middleton, Jr., attorney.
Recommend Denial in Part 7-0

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/15/97, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 20; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

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

Mark Steinberg, 916 Rolfe Place, representing Powhatan Place Homeowners Association, expressed concern about the traffic impact; a copy of Mr. Steinberg's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, approved the extension of time and amendment of the condition regarding sewer, subject to compliance with all applicable codes, ordinances and staff recommendations, and approved the additional unit. The voting was as follows:

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

21. ENCROACHMENT #97-0001 -- 808 RUSSELL ROAD -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a fence and wall; zoned R-5/Residential. Applicant: Thor and Jan Lassen.

(A copy of the Planning Commission report dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 3/15/97, and is incorporated herewith as part of this record by reference.)

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

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

ORDINANCES AND RESOLUTIONS

22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by increasing the fares that may be charged by taxicabs which are licensed by the City. (#24 3/11/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/15/97, and is incorporated herewith as part of this record by reference.


A copy of the substitute ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 3/15/97, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 22; 3/15/97, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Jim Yates, 3025 Mt. Vernon Avenue, representing Alexandria Yellow Cab, Inc., spoke in support;

Robert Werth, 3025 Mt. Vernon Avenue, representing Alexandria Yellow Cab, Inc., spoke in support;

C. I. Dodhy, 3301 Mount Vernon Avenue, UTOP president, representing the drivers, spoke in support and spoke to luggage charge; and

Abbassali Abousaidi, 1912 North 13th Street, #304, Arlington, VA, representing taxi drivers, expressed concern about the current language regarding luggage charge.

General Discussion. Members of City Council, City Attorney Sunderland, Mr. Dodhy, Mr. Abousaidi, and Mr. Yates participated in the discussion.

Councilman Cleveland requested that an item be added to our legislative package to give us the right to regulate taxicab stand dues.

City Attorney will bring back amendment with respect to baggage.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council closed the public hearing, and deferred final passage until Tuesday, March 25, 1997. The voting was as follows:

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

23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by changing the dates each year within which the Traffic and Parking Board must conduct its survey of economic conditions in the taxicab industry and make its recommendation as to an appropriate level of taxicab certificates to the City Manager, and the dates each year within which the City Manager shall issue her order allocating any increases or decreases in the number of taxicab certificates. (#25 3/11/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/15/97, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that no one spoke on this item; therefore, the public hearing was concluded.

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3915

AN ORDINANCE to amend and reordain Section 9-12-28 (ANNUAL SURVEY OF ECONOMIC CONDITIONS OF TAXI INDUSTRY) of Article A (TAXICABS AND FOR-HIRE VEHICLES), Chapter 12 (TAXICABS AND OTHER VEHICLES FOR HIRE), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 9-12-28 of The Code of the City of Alexandria, Virginia, 1981, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-12-28 Annual survey of economic conditions of taxi industry.

(a) Not sooner than July 15, nor later than October 15 of each year, the traffic and parking board shall conduct a public hearing to which all appli-cants, existing certificate holders and the public shall be invited. The hack inspector or a police department representative shall be present. The purpose of the hearing shall be to solicit taxicab industry views and those of the public, and to receive evidence as to the economic condition of the taxicab industry. Applicants for changes in authorization shall be required to submit justifi-cation for the changes they recommend.

(b) Giving consideration to the evidence received at the meeting, but not being limited to such evidence, the traffic and parking board shall for-ward its conclusions as to the status of the indus-try, and its recommendation as to an appropriate level of taxicab certificates for the city to the city manager. It shall also forward its recommenda-tion as to an appropriate allocation of the recom-mended number of certificates. It shall also for-ward the findings of fact upon which its recom-mendations are based. In making its recommen-dations as to allocation, the traffic and parking board shall give consideration to such factors as bear on public convenience and necessity, includ-ing, but not limited to:

(1) The relative age of the certificate holders' vehicles.

(2) The extent and character of the service of-fered by the several applicants.

(3) The maintenance and condition of the vehicles.

(4) The demonstrated or prospective responsibility of certificate holders in regard to taxicab regulations.

(5) The utilization of existing vehicles, particularly with reference to the existing and prospective ability of the applicants to utilize the applied for, or authorized, numbers of taxicabs to the benefit of the taxicab-riding public.

The traffic and parking board's conclusion and recommendations shall be transmitted to the city manager no later than November 15.

(c) Not later than December 15, the city manager shall issue an order giving his statement of the economic condition of the taxicab industry and allocating any increases or decreases in the authorized number of taxicabs. In issuing his order, the city manager shall presume that the factual findings of the traffic and parking board are prima facie correct. If he disagrees with the recommendations of the traffic and parking board, either as to the level of certificates or as to the allocation of certificates, he shall, with the issuance of his order, enumerate his reasons for not accepting the traffic and parking board's recommendations.

(d) The findings and recommendations of the report of the city manager may be used by him as part of any determination of the public convenience and necessity which he is authorized to make under the provisions of this chapter.

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

KERRY J. DONLEY
Mayor

Introduction: 3/11/97
First Reading: 3/11/97
Publication: 3/12/97; 3/13/97
Public Hearing: 3/15/97
Second Reading: 3/15/97
Final Passage: 3/15/97
* * * * *

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by clarifying that the provision of child care services by a child's or by children's grandparents in their home is not subject to City regulation. (#26 3/11/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 5, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 3/15/97, 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 Vice Mayor Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3916

AN ORDINANCE to amend and reordain Section 12-3-1 of Article A (GENERAL PROVISIONS), Chapter 3, Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

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

Sec. 12-3-1 Definitions.

For purposes of this chapter, the following terms shall have the meanings provided below:

(1) "Adult" means any natural person of at least 18 years of age.

(2) "Child" means any natural person under 18 years of age.

(3) "Child-care services" means the regular provision, in exchange for compensation, of care, protection and guidance to from one to and including five children, while such children are separated from their parents, guardians or legal custodians, in a dwelling not the residence of one or more of the children, during a part of the day for at least four days of a calendar week; provided, that the provision of such care, protection and guidance by a grandparent solely to his or her grandchildren shall not constitute child-care services for the purposes of this chapter. Providers caring for six or more children shall be licensed by the Virginia Department of Social Services.

(4) "Division of social services" means the component of the City of Alexandria department of human services responsible for administering the provisions of article B of this chapter.

(5) "Day-care home" means any residential building, or portion thereof, which is used to provide child-care services.

(6) "Nursery school" means a child day-care program for children from two to and including five years of age at which children two through four years of age attend no more than four hours per day and children five years of age attend no more than six and one-half hours per day, and which is operated primarily for the educational development and instruction of two or more children who also are receiving care, protection, and guidance while separated from their parents.

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

Introduction: 3/11/97
First Reading: 3/11/97
Publication: 3/12/97; 3/13/97
Public Hearing: 3/15/97
Second Reading: 3/15/97
Final Passage: 3/15/97
* * * * *

25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property at 1107, 1109 and 1111 Princess Street from CL/Commercial Low to RB/Residential. (#27 3/11/97) [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 Rich and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3917

AN ORDINANCE to amend and reordain the Braddock Road Metro Station 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. 96-008, 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. 96-008, an application has been made to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the properties at 1107, 1109 and 1111 Princess Street from CL/Commercial Low to RB/Residential.

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 Land Use Plan Map, Map 10, and Zoning Map, Map 13, of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby are, amended to change the land use and zoning designations for the properties at 1107, 1109 and 1111 Princess Street (Tax Map and Zoning Map Parcel Nos. 64.01-6-21, 64.01-6-22 and 64.01-6-23), from CL/Commercial Low to RB/Residential.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map amendments as part of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the Braddock Road Metro Station 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: 3/11/97
First Reading: 3/11/97
Publication: 3/12/97; 3/13/97
Public Hearing: 3/15/97
Second Reading: 3/15/97
Final Passage: 3/15/97
* * * * *

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by changing the zoning designation of the property at 1107, 1109 and 1111 Princess Street from CL/Commercial Low to RB/Residential. (#28 3/11/97) [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 Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3918

AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by changing the zoning designation of the properties at 1107, 1109 and 1111 Princess Street from CL/Commercial Low Zone to RB/Townhouse Zone (RZ No. 96-011).

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

1. An application has been made to change the zoning classification of the properties at 1107, 1109 and 1111 Princess Street (Zoning Map and Tax Map Parcel Nos. 64.01-6-21, 64.01-6-22 and 64.01-6-23) from CL/Commercial Low Zone to RB/Townhouse Zone;

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

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

Section 1. That Sheet No. 64.01 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended, by changing in the manner set forth below, the zoning classification of the properties hereinafter described:
Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the "Official Zoning Map, Alexandria, Virginia."

Section 3. That Sheet No. 64.01 of the "Official Zoning Map, Alexandria, Virginia," as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Attachment: Rezoning Sketch Plan

Introduction: 3/11/97
First Reading: 3/11/97
Publication: 3/12/97; 3/13/97
Public Hearing: 3/15/97
Second Reading: 3/15/97
Final Passage: 3/15/97
* * * * *


27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1997. (#39 3/11/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 3/15/97, 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 Rich, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3919

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1997, which began on the first day of July 1996 and ends on the thirtieth day of June 1997.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1996, but not appropriated, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1997, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 8,000
Commonwealth Attorney 48,368
Court Service Unit 141,780
Transportation and Environmental
Services 72,968
Police 180,794
Housing 86,980
Health 75,220
Human Services 1,027,703
Historic Alexandria 23,288
Recreation (105)
Library 186

Total Estimated Revenue $ 1,665,182

APPROPRIATION:

Human Relations $ 8,000
Commonwealth Attorney 48,368
Court Service Unit 141,780
Transportation and Environmental
Services 72,968
Police 180,794
Housing 86,980
Health 75,220
Human Services 1,027,703
Historic Alexandria 23,288
Recreation $ (105)
Library 186

Total Appropriation $ 1,665,182

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1997, the source of such amounts being donations to the city which have been accepted and adjusted but not appropriated for fiscal year 1997, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1997, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Services $ 10,494
Recreation 2,650

Total Estimated Revenue $ 13,144

APPROPRIATION:

Human Services $ 10,494
Recreation 2,650

Total Appropriation $ 13,144

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being Private Contributions, which have been accepted but not appropriated for fiscal year 1997, and further, that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the fiscal year 1997 capital improvement budget: city project nos. 004-013 and 011-075.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Private Contributions $ 630,416

Total Estimated Revenue $ 630,416
APPROPRIATION:

Capital Projects $ 630,416

Total Appropriation $ 630,416

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being General Property Taxes and Other Local Taxes, and further, that the council does hereby allot the amount so appropriated for fiscal year 1997, as follows:

GENERAL FUND

ESTIMATED REVENUE:

General Property Taxes $ 190,000
Other Local Taxes 50,000

Total Estimated Revenue $ 240,000

APPROPRIATION:

Financial and Information Technology
Services $ 240,000

Total Appropriation $ 240,000

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1997, the source of such amount being Component Unit-Schools' Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

COMPONENT UNIT

APPROPRIATION:

Component Unit Schools $ 770,564

Total Appropriation $ 770,564



Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being Component Unit-Dash's Retained Earnings, and further, that the council does hereby allot the amount so appropriated, as follows:

COMPONENT UNIT

APPROPRIATION:

Component Unit Dash $ 86,442

Total Appropriation $ 86,442

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

KERRY J. DONLEY
Mayor

Introduction: 3/11/97
First Reading: 3/11/97
Publication: 3/12/97; 3/13/97
Public Hearing: 3/15/97
Second Reading: 3/15/97
Final Passage: 3/15/97
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (28-37)

Planning Commission (continued)

28. SPECIAL USE PERMIT #97-0003 -- 316 SOUTH ROYAL STREET -- OLD PRESBYTERIAN MEETING HOUSE -- Public Hearing and Consideration of a request for a special use permit to extend the hours of operation of a nursery school; zoned RM/Residential. Applicant: Meeting House Cooperative Preschool, by Jeanne E. Porter.

29. SPECIAL USE PERMIT #96-0146 -- 5010 DUKE STREET -- CAMERON STATION, PHASE III -- Public Hearing and Consideration of a request for a special use permit, with site plan, for residential and retail development; zoned CDD-#9/Coordinated Development District, Cameron Station. Applicant: Greenstar III, L.P., c/o Greenvest, L.C., by Cyril D. Calley, attorney.




30. SPECIAL USE PERMIT #96-0162 -- 5010 DUKE STREET -- CAMERON STATION, PHASE IV -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of residential homes; zoned CDD-#9/Coordinated Development District, Cameron Station. Applicant: Greenstar III, L.P., c/o Greenvest, L.C., by Cyril D. Calley, attorney.
31. SPECIAL USE PERMIT #96-0165 -- 5010 DUKE STREET -- CAMERON STATION, PHASE V -- Public Hearing and Consideration of a request for a special use permit, with site plan, for residential construction; zoned CDD-#9/Coordinated Development District, Cameron Station. Applicant: Greenstar III, L.P., by Cyril D. Calley, attorney.

COMMISSION ACTION: Deferred 7-0

32. SPECIAL USE PERMIT #97-0002 -- 5010 DUKE STREET -- CAMERON STATION, PHASE III & IV & V (TMP) -- Public Hearing and Consideration of a request for a special use permit for approval of a transportation management plan (TMP) for Phase III, IV and V of the Cameron Station development project; zoned CDD-#9/Coordinated Development District, Cameron Station. Applicant: Greenstar III, L.P., c/o Greenvest, L.C., by Cyril D. Calley, attorney.

33. SPECIAL USE PERMIT #97-0005 -- 714 KING STREET -- LAS TAPAS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit amendment for a restaurant to add a full-service bar, increase the seating and extend the hours of operation; zoned CD/Commercial Downtown. Applicant: EPS, Inc., t/a Las Tapas.

COMMISSION ACTION: Deferred 7-0

34. SPECIAL USE PERMIT #97-0007 -- 801 SOUTH PICKETT STREET -- SOUTHEAST RESOURCE RECOVERY -- Public Hearing and Consideration of a request for a special use permit to expand an existing recycling facility to be able to process (sort and ship) unsorted household and business garbage; zoned I/Industrial. Applicant: Southeast Resource Recovery, LLC, by J. Howard Middleton, Jr., attorney.

35. SPECIAL USE PERMIT #97-0009 -- 1900 DUKE STREET, HOOFF'S RUN, EISENHOWER AVENUE -- CARLYLE SITE -- Public Hearing and Consideration of a request for a special use permit amendment to the Carlyle development plan to change a previously approved condition to redefine the obligations of various owners within Carlyle for the special use permit conditions; zoned CDD-#1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Deferred



36. SPECIAL USE PERMIT #97-0015 -- 110 SOUTH FLOYD STREET -- LINDSAY CADILLAC -- Public Hearing and Consideration of a review of a special use permit for a general automobile repair garage and vehicle storage lot; zoned I/Industrial. Applicant: Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney.

37. SPECIAL USE PERMIT #97-0017 -- 2838 DUKE STREET -- DUKE STREET MOBIL -- Public Hearing and Consideration of a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora; Duke Street Mobil.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, at 2:18 p.m., the Public Hearing Meeting of Saturday, March 15, 1997, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR


ATTEST:




______________________________________________
Beverly I. Jett, CMC City Clerk



This docket is subject to change.

* * * * *

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

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *
Public Notice

There will be a meeting of the Interagency Consortium on Adolescent Pregnancy (ICAP) on Thursday, March 20, 1997, from 5:00 p.m. to 6:30 p.m. at First Christian Church, 2723 King Street, Alexandria, VA. It is anticipated that more than two members of City Council will be participating. The topic of discussion will be the issue of teen pregnancy.

If you are interested in receiving a copy of the agenda, please call Deborah Brown Anderson at the Northern Virginia Urban League at 703-836-5294.

* * * * *
Corrected Public Notice

A meeting of the City Council Subcommittee on the Watson Wyatt Report is scheduled for Wednesday, March 19, 1997, from 5:00 p.m. to 7:00 p.m., in Room 3000, City Hall, 301 King Street, Alexandria, Virginia.
* * * * *
Public Notice

A meeting of the City Council Subcommittee on Pay Parity is scheduled for Wednesday, March 26, 1997, from 2:00 p.m. to 4:00 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.
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