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Public Hearing Meeting
Saturday, May 17, 1997 - - 9:30 a.m.


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

Absent: None.

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

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

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present, with Councilman Euille and Council Member Rich arriving at 9:35 a.m. and Vice Mayor Pepper arriving at 9:45 a.m.

2. Public Discussion Period.

(a) John Chapman Gager spoke.

(b) Mike Holm, 445 Old Town Court, recommended that City Council take another look at election procedures in the City. We are experiencing since 1976, a continual decline in the percentage of registered voters who vote. He suggested that Council take a look at whether or not there might be something different that we could do with respect to the method of election for City Council candidates that might create additional voter interest. Some issues could be done by charter change, one of which is to return to the ward system and increasing the Council size by two, to go back to a system where you have six wards plus two at-large, along with the Mayor being elected at-large. The other issue is one of staggered terms. If you don't adopt the ward system, and if you do staggered terms, you extend the terms to four years and elect half of the Council every two years. He encouraged Council to take a look at it over the next three years and recommended that some public hearings be held to get citizen input as to what other members of the community feel.

Members of Council participated in the discussion of this issue.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-21)

Planning Commission

NOTE: Item Nos. 12 and 16 were removed from the Consent Calendar.

3. SPECIAL USE PERMIT #97-0008 -- 35 SOUTH DOVE STREET -- THE VAULT -- Public Hearing and Consideration of a request for a special use permit for a parking reduction for an existing storage facility; zoned OCM-50/Office Commercial Medium. Applicant: Duke-Dove, LP, by William C. Thomas, Jr., attorney.
(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/17/97, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #97-0018 -- 8 & 12 HERBERT STREET -- VERNON SQUARE -- Public Hearing and Consideration of a request for a special use permit, with site plan, to increase the height of an existing office building; zoned CL/Commercial Low. Applicant: National Association of Postmasters of U.S. (NAPUS), Federal Credit Union, by William E. Swarm.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/17/97, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #97-0026 -- 212 QUEEN STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (coffee shop); zoned CD/Commercial Downtown. Applicant: Washington Management Corporation, by Serdar Basegmez.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/17/97, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #97-0033 -- 1200 FIRST STREET & 950 NORTH FAYETTE STREET -- POTOMAC CLUB -- Public Hearing and Consideration of a request for a special use permit for extension of time to commence operation for a proposed residential development with a transportation management plan (TMP); zoned OCH/Office Commercial High. Applicant: Potomac Club Residences Phase II, LP, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/17/97, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #97-0036 -- 50 SOUTH PICKETT STREET -- PICKETT CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school; zoned CG/Commercial General. Applicant: Esther A. Riverson.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/17/97, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #97-0039 -- 600 RUSSELL ROAD -- MAURY ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install a freestanding, lighted school bulletin board sign with changeable display; zoned R-5/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/17/97, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #97-0041 -- 2601 CAMERON MILLS ROAD -- GEORGE MASON ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install a freestanding, lighted school bulletin board sign with changeable display; zoned R-8/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/17/97, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #97-0042 -- 4646 SEMINARY ROAD -- FRANCIS C. HAMMOND MIDDLE SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install a freestanding, lighted school bulletin board sign with changeable display; zoned R-8/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/17/97, and is incorporated herewith as part of this record by reference.)





11. SPECIAL USE PERMIT #97-0045 -- 666 SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to operate a carryout and delivery restaurant; zoned CG/Commercial General. Applicant: Big Bite of Landmark, by Farzad Rowshandel.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/17/97, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #97-0049 -- 435 CALVERT AVENUE -- OAKVILLE INDUSTRIAL PARK -- Public Hearing and Consideration of a request for a special use permit to operate an automobile sales and storage facility within the Oakville Industrial Park; zoned I/Industrial. Applicant: Vintage and Racing Car Gallery Inc., by Robert J. Luther.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/17/97, and is incorporated herewith as part of this record by reference.)

14. SPECIAL USE PERMIT #97-0052 -- 5150 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a health care facility, with reduction of required off-street parking; zoned CG/Commercial General. Applicant: GAMBRO Healthcare of the District Inc., by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/17/97, and is incorporated herewith as part of this record by reference.)

15. ENCROACHMENT #97-0003 -- 324 NORTH FAIRFAX STREET -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for an awning; zoned CD/Commercial Downtown. Applicant: National Association of Chain Drug Stores, by Bernard T. Guay, architect.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/17/97, and is incorporated herewith as part of this record by reference.)

17. TEXT AMENDMENT #97-03 -- REMOVAL OF NON-REQUIRED PARKING -- Public Hearing and Consideration of a new provision in the Zoning Ordinance to prohibit the removal of a non-required parking space to accommodate additional residential building in the Old and Historic Alexandria District. Staff: Department of Planning and Zoning.


(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/17/97, and is incorporated herewith as part of this record by reference.)

18. SPECIAL USE PERMIT #97-0021 -- 200 BLUESTONE ROAD -- HOMESTEAD VILLAGE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of an apartment hotel; zoned OCM-100/Office Commercial Medium. Applicant: Homestead Village Inc., by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/17/97, and is incorporated herewith as part of this record by reference.)

19. SPECIAL USE PERMIT #97-0034 -- 200 BLUESTONE ROAD -- HOMESTEAD VILLAGE (TMP) -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for the proposed apartment hotel development; zoned OCM-100/Office Commercial Medium. Applicant: Homestead Village Inc., by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/17/97, and is incorporated herewith as part of this record by reference.)

20. SPECIAL USE PERMIT #97-0035 -- 710 KING STREET -- LA COSTA DEL SOL RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to add valet parking and add Sunday hours to a restaurant; zoned CD/Commercial Downtown. Applicant: EPS, Inc., trading as La Costa Del Sol, by Richard A. Polhamus.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/17/97, and is incorporated herewith as part of this record by reference.)

21. SPECIAL USE PERMIT #97-0037 -- 3700 JEFFERSON DAVIS HIGHWAY -- Public Hearing and Consideration of a request for a special use permit to change the ownership and request for extension of time for a noncomplying automobile repair and sales business; zoned CDD-#7/Coordinated Development District, Route 1 Properties. Applicant: Crystal Car Care Inc., by William C. Thomas, Jr., attorney.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/17/97, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR


WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 12 and 16 which were considered under separate motions, and noted that the zone for Docket Item No. 21 be corrected to read: "CDD-#7/Coordinated Development District, Route 1 Properties." The Planning Commission recommendations are as follows:

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

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

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

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

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

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

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.

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

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

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

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

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

17. City Council approved the recommendation of the Planning Commission and approved the text amendment.

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

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

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

21. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the amended Condition #26 and the added condition to install landscaping.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

12. SPECIAL USE PERMIT #97-0048 -- 610 NOTABENE DRIVE -- Public Hearing and Consideration of a request for a special use permit for reduction of required off-street parking; zoned RA/Residential. Applicant: Alexandria Community Services Board, by William Claiborn, Director, Department of Mental Health, Mental Retardation and Substance Abuse.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/17/97, and is incorporated herewith as part of this record by reference.)

Councilman Euille asked questions of Mental Health, Mental Retardation and Substance Abuse Director Claiborn with respect to advertising.

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"

16. SPECIAL USE PERMIT #97-0020 -- 106 NORTH LEE STREET -- CIPOLLINA'S DELI -- Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation of a carry-out restaurant; zoned CD/Commercial Downtown. Applicant: Paul D. Elgart.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/17/97, and is incorporated herewith as part of this record by reference.)

Vice Mayor Pepper asked Larry Lindeman, attorney, for clarification of the hours of operation.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #3, to read as follows: "3. The hours of operation shall be limited to 7:30 a.m. to 10:00 p.m., daily, seven days a week." The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

22. Public Hearing on The Proposed Compensation Pay Philosophy for The City of Alexandria.

(A copy of the City Manager's memorandum dated May 15, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/17/97, and is incorporated herewith as part of this record by reference.

A copy of Carol Duncan's chart is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 5/17/97, 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, Suite 402, representing the Alexandria Chamber of Commerce, spoke; a copy of Mr. Williams' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

The Members of City Council directed questions to Mr. Williams.

Wayne Bass, representing the Alexandria Coalition of Employees, spoke in support; a copy of Mr. Bass' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;


Carol Duncan, 2003 Mill Road, spoke in support of the pay philosophy and restoration of fixed-rate pay scales;

Myra Addison, 8204 Aspen Glen Court, representing the Alexandria Coalition of Employees, spoke in support;

John R. Vollmer, 4600 Duke Street, representing Alexandria Firefighters, Paramedics, Communications, and Fire Marshals, spoke in support of the pay philosophy and fixed-rate pay scales;

Mike Clancey, 2003 Mill Road, representing the Alexandria Police Commanders Association, spoke in support of pay scales for GS and PS;

Ken Howard, 2003 Mill Road, representing the Alexandria Police Commanders Association, spoke in support of the pay philosophy and fixed-rate pay scale; and

J. J. Campbell, 4824 South 29th Street, A-2, Arlington, VA, spoke in support of old pay scale.

Members of Council participated in a discussion on this issue.

Staff will address the issues that were raised and will report back.

WITHOUT OBJECTION, City Council closed the public hearing, and docketed this matter for final Council consideration on May 27.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

23. 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. (#13 4/12/97)

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 5/17/97, 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, requested that the public hearing be closed, and indicated that he will continue to work with staff.


WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 5-to-0, City Council closed the public hearing on this item and deferred action until next month at whichever legislative meeting is determined and with the request that this be concluded in June. The voting was as follows:

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

24. SPECIAL USE PERMIT #97-0040 -- 2601 COMMONWEALTH AVENUE --MT. VERNON ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install a freestanding, lighted school bulletin board sign with changeable display; zoned POS/Public Open Space and R-2-5/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/17/97, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association's memoranda is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 24; 5/17/97, and is incorporated herewith as part of this record by reference.)

Council Member Walker requested that the school system come up with a method of operating these signs.

WHEREUPON, a motion was made by Council Member Walker, seconded by Councilman Speck, to approve the recommendation of the Planning Commission, to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

THEREUPON, a motion was made to amend Council Member Walker's motion by Councilman Cleveland, seconded by Council Member Rich, to approve this sign, but it be set on a separate circuit to be turned on and off during the special events up to forty times a year; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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









WHEREUPON, City Council returned to the main motion with an added Condition No. 3, as a friendly amendment; which motion was made by Council Member Walker, seconded by Councilman Speck and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Condition #3 to read as follows: "3. There will be a six-month review after the sign is installed and operational." The voting was as follows:

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

NOTE: Docket Item Nos. 25, 26, and 27 were considered together and under one motion.

25. 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, LP, c/o Greenvest, LC, by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/17/97, and is incorporated herewith as part of this record by reference.)

26. 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, LP, c/o Greenvest, LC, by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 5/17/97, and is incorporated herewith as part of this record by reference.)

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

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 5/17/97, and is incorporated herewith as part of this record by reference.)


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

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, gave a presentation on these items.

Vice Mayor Pepper expressed concern about the density and requested that Council have models for future developments.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Planning Commission recommendations for Item Nos. 25, 26, and 27, as follows:

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

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

27. 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 "aye"
Donley "aye" Speck "aye"
Walker "aye"

28. SPECIAL USE PERMIT #97-0043 -- 1603 COMMONWEALTH AVENUE -- MONROE'S -- Public Hearing and Consideration of a review of a special use permit for a restaurant and request to increase hours for outdoor seating; zoned CL/Commercial Low. Applicant: Alexandria Food Company, LLC, by Mark S. Abraham.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 5/17/97, and is incorporated herewith as part of this record by reference.)

Councilman Speck stated for the record that Mr. Abraham was a personal contributor to his recent campaign. He held a campaign event at his restaurant. He is a regular diner at his restaurant, and he intends to vote on this matter.

Vice Mayor Pepper asked Mark Abraham, applicant, questions about the striping of the parking lot.

Councilman Speck suggested that because the establishment is immediately across the street from residential neighborhoods that the applicant make every effort he can for the later night diners to remind them about the conditions of the neighborhood as they are going to their cars and leaving the vicinity of the restaurant.


Mayor Donley also spoke to the issues that Mr. Speck raised about noise, being a good neighbor and suggested that Mr. Abraham talk with some of his neighbors. The Mayor stated that Mr. Abraham may want to also advise his patrons to try to limit some of the noise that is associated with patrons leaving late at night.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Euille and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the amended Condition #18. The voting was as follows:

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

29. SPECIAL USE PERMIT #97-0051 -- 2000 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with 85 seats; zoned CL/Commercial Low. Applicant: Majestic Grill LLC, by Stephanie Womack.

(A copy of the Planning Commission report dated May 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 5/17/97, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from the consideration and discussion of this item because she owns the building where this restaurant is located.

Stephanie Womack, 308 Hume Avenue, applicant, spoke in support of this application.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #4 and #15. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way along the south side of the 600 block of Pendleton Street for a gate and screening of a transformer. (#21 5/13/97) [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 Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3927

AN ORDINANCE authorizing the owner of the property at 515 North Washington Street to encroach into the public right-of-way in the 600 block of Pendleton Street, in the City of Alexandria, Virginia.

WHEREAS, the International Association of Chiefs of Police ("IACP") is the owner of the commercial property located at 515 North Washington Street in the City of Alexandria, Virginia; and

WHEREAS, IACP desires to establish and maintain a brick entrance gate which will encroach into the public right-of-way in the 600 block of Pendleton Street, as shown on the site plan plat (attached hereto) prepared by Cole and Denny, Inc., and dated February 10, 1997 ("Plat"); and

WHEREAS, the public right-of-way on Pendleton Street will not be significantly impaired by this encroachment; and

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

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

Section 1. That IACP and the successor owners of the property at 515 North Washington Street (collectively, the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way along south side of the 600 block of Pendleton Street in the City of Alexandria, said encroachment consisting of (a) a two-part brick wall at the entrance of a parking lot to Owner's property, one part of which is 18 feet, six inches long, and the other is eight feet, four inches long, and both parts of which will encroach four feet into the public right-of-way along the south side of the 600 block of Pendleton Street, and (b) two seven-foot high, stone-capped posts, each approximately two feet by two feet, which will encroach four feet, six inches into the public right-of-way along the south side of the 600 block of Pendleton Street, all as shown more particularly on the Plat, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate

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

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

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

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

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







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

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

KERRY J. DONLEY
Mayor

Attachment

Introduction: 5/13/97
First Reading: 5/13/97
Publication: 5/14/97; 5/15/97
Public Hearing: 5/17/97
Second Reading: 5/17/97
Final Passage: 5/17/97
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31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to establish a personal property tax relief program for certain elderly and disabled City residents. [#24 4/29/97] [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 Speck, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3928

AN ORDINANCE to add a new Section 3-2-224.2 (ALTERNATIVE TAX RATE FOR ELDERLY AND HANDICAPPED) to Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS) of Article M (LEVY AND COLLECTION OF PROPERTY TAXES), 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 Division 3 of Article M, Chapter 2 and Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 3-2-224.2 to read as follows:

Sec. 3-2-224.2 Alternative Tax Rate for Elderly and Handicapped

(a) This section is intended to provide preferential tax treatment for one motor vehicle owned by an elderly or handicapped person, or by the spouse of such a person, where the person and spouse, if any, have income of less than $20,000 per year and a net worth, exclusive of a principal residence, of less than $75,000.

(b) Definitions. For purposes of this section, the following terms shall have these meanings:

(1) "Combined income" means the total income of a qualified person received from all sources during the preceding calendar year, combined with the total income received during the preceding year by the person's spouse who, at the time of an application under this section, lives in the same dwelling. All income limitations under this section shall be computed by aggregating the income of a husband and wife who reside in the same dwelling, and shall be applied to any applicant for preferential tax treatment, irrespective of how the motor vehicle for which the applicant is seeking the preferential tax treatment may be titled.


(2) "Combined net worth" means the net worth of a qualified person, combined with that of his or her spouse, including the present value of all equitable interests, as of December 31 of the immediately preceding calendar year, but excluding the value of a principal residence and the land, not exceeding one acre, upon which it is situated. All net worth limitations under this section shall be computed by aggregating the assets of a husband and wife who reside in the same dwelling and shall be applied to any applicant for preferential tax treatment, irrespective of how the motor vehicle for which the applicant is seeking the preferential tax treatment may be titled.

(3) "Director" means the director of finance.

(4) "Motor vehicle" shall include only automobiles and pickup trucks.

(5) "Permanently and totally disabled" means unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life; provided, that a certification made with respect to a specific person pursuant to 42 U.S.C. § 423(d) by the Social Security Administration shall, for so long as the person remains eligible for the social security benefits to which the certification applies, be deemed to satisfy this definition.

(6) "Qualified motor vehicle" means a motor vehicle which is owned by and used primarily by or for a qualified person and which is currently assessed by the city at less than $30,000. Only one qualified motor vehicle may be owned and used primarily by or for any qualified person. If a qualified person uses more than one motor vehicle, the motor vehicle with the highest assessed value shall be considered to be the qualified motor vehicle. Any motor vehicle owned jointly by a husband and wife may be a qualified motor vehicle if either spouse is a qualified person. Where both spouses are qualified persons, only one qualified motor vehicle is permitted for both.

(7) "Qualified person" means a person who is at least sixty-five years of age or a person who is permanently and totally disabled.

(c) There shall be levied and collected, for every calendar year, on all qualified motor vehicles having a tax situs in the city, a tax of $0.01 on every $100 of assessed value thereof, for the support of the city govern-ment, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(d) A qualified person applying for tax relief pursuant to this section shall have a combined income not exceeding $20,000 and a combined net worth not exceeding $75,000.

(e) Application procedure.

(1) A qualified person applying for preferential tax treatment under this section ("applicant") shall file with the director by April 10 an affidavit, under oath, in which the applicant subscribes and swears to the following:

(a) the name of the applicant;


(b) when the applicant is applying for the preferential tax rate on the basis of age, the applicant's age and social security number or, in the alternative, independent proof of age satisfactory to the director and attached to the affidavit;

(c) when the applicant is applying for the preferential tax rate on the basis of disability, a statement that the applicant is permanently and totally disabled, as defined in this section;

(d) a statement that the applicant's combined income does not exceed $20,000; and

(e) a statement that the applicant's combined net worth does not exceed $75,000.

(2) Where the applicant is under sixty-five years of age, the affidavit shall have attached thereto a certification by the Social Security Administration, the Department of Veterans Affairs or the Railroad Retirement Board or, if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors who are either licensed to practice medicine in the Commonwealth or are military officers on active duty who practice medicine with the United States Armed Forces, to the effect that the person is permanently and totally disabled, as defined in this section. The affidavit of at least one of the doctors shall be based upon a physical examination of the person by the doctor.

(3) The affidavit required by subsection (1) need be filed only once in every three years, and in those years shall be filed no later than April 10. For each year as to which an affidavit is not filed, the taxpayer shall file with the director, not later than April 10, a written certification, on forms to be supplied by the city, in which the taxpayer states that the information contained in the taxpayer's last filed affidavit has not changed in a manner which affects the taxpayer's eligibility for preferential tax treatment under this section. In the event that the information in the last filed affidavit has changed in such a manner, the taxpayer shall file a new affidavit statement pursuant to subsection (1).

(f) Proration.

(1) Changes in income, financial worth, ownership of property or other factors occurring during the tax year for which an affidavit or certification is filed and having the effect of exceeding or violating the limitations and conditions provided herein shall, from the time the changes occur, nullify any preferential tax rate for the remainder of the tax year.

(2) An individual who becomes a qualified person during a year for which taxes have been paid on a qualified motor vehicle may receive preferential tax treatment for that portion of the year during which he meets the requirements of this section.

Section 2. That, notwithstanding any contrary provision of this ordinance or of The Code of the City of Alexandria, for tax year 1997, applications for personal property tax relief pursuant to city code § 3-2-224.2 must be received by the director of finance on or before October 5, 1997. For persons who timely file such an application, no late penalty or interest shall be assessed in connection with the calendar year 1997 personal property tax on the vehicle for which tax relief is sought in the application, until 30 days have passed from the director's notification to the applicant that his application has been denied and that property taxes on the vehicle are due.

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

KERRY J. DONLEY
Mayor

Introduction: 5/13/97
First Reading: 5/13/97
Publication: 5/14/97; 5/15/97
Public Hearing: 5/17/97
Second Reading: 5/17/97
Final Passage: 5/17/97
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (32-35)

Planning Commission (continued)

32. SPECIAL USE PERMIT #97-0038 -- 2004 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant from an existing grocery store; zoned CL/Commercial Low. Applicant: Robert L. McEntire.

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

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











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

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Councilman Speck and carried on a vote of 5-to-0, at 11:40 a.m., the Public Hearing Meeting of Saturday, May 17, 1997, was adjourned. The voting was as follows:

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




__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:




______________________________________________
Beverly I. Jett, CMC City Clerk





This docket is subject to change.

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