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Office of the City Clerk
January 27, 1997

All Persons, Including Applicants, Wishing
to Speak Before City Council Must Fill Out
A Speaker's Form (Which May be Found in
the Rear of the Council Chamber) and Present
it to the City Clerk.


Public Hearing Meeting
Saturday, January 25, 1997 - - 9:30 a.m.

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OPENING

1. Calling the Roll.
The Meeting was called to order by Mayor Donley, and the City Clerk called the Roll; all Members of Council were present.
Council Action:_______________________________________________________________

2. Public Discussion Period. [No more than 30 Minutes] [This
period is restricted to items not listed
on the docket.]

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

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



2. Public Discussion Period (continued)

(b) John S. Roberts, 426 South Fairfax Street, expressed his concern about the law and its enforcement against crossing a double yellow line on City "highways" when passing a double-parked vehicle. (A copy of his statement is on file in the City Clerk's Office.)

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

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

Barry Schiftic, 1301 Hancock Avenue, Alexandria Police Association;

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

Ben George, 2003 Mill Road;

Dave Nye, 2003 Mill Road;

David Huchler, 200 Yoakum Parkway, #816;

Mark Bergin, 6049 North Morgan Street;

Ray Hazel, 2003 Mill Road;

Stafford Farmer-Lee, 2003 Mill Road;

Larry Lee, 2003 Mill Road;

Chris Whelan, 2003 Mill Road;

Rusty Peverell, 2003 Mill Road;

Chris Jones, 2003 Mill Road;

Brian Thompson, 2003 Mill Road;

Charlie Lloyd, Jr., 2003 Mill Road;

Marcus Wigglesworth, 2003 Mill Road;

Roman Kaluta, 2003 Mill Road;

Cathy Webb, 2003 Mill Road;

Charles Pak, 2003 Mill Road;

Ricky Elkins, 2003 Mill Road;

Geoff Balenger, 2003 Mill Road; and

2. Public Discussion Period (continued)

Donna Barnes, 5302 Knole Court, #242.

(d) John Chapman Gager spoke during this period.
Council Action:__________________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-6)

Planning Commission

3. SPECIAL USE PERMIT #96-0178 -- 3610-F KING STREET -- BRADLEE SHOPPING CENTER
COMMISSION ACTION: Recommend Approval 4-0

4. SPECIAL USE PERMIT #96-0179 -- 3690-C KING STREET -- BRADLEE SHOPPING CENTER -- YUKI JAPANESE RESTAURANT
5. SPECIAL USE PERMIT #96-0182 -- 2610 JEFFERSON DAVIS HIGHWAY; 400-420 CALVERT AVENUE; 403-420 SWANN AVENUE -- OAKVILLE INDUSTRIAL PARK 6. SPECIAL USE PERMIT #96-0177 -- 3830 SEMINARY ROAD -- BETH EL HEBREW CONGREGATION TEMPLE
COMMISSION ACTION: Recommend Approval 4-0

City Council approved the Consent Calendar as presented. The Planning Commission recommendations are as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

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

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

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

END OF CONSENT CALENDAR
Council Action:_______________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

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

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

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

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

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

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

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


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

7. (continued)

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

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

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

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

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

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

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

REPORTS OF BOARDS COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

9. TEXT AMENDMENT #96-15 -- COMMITTEE ON DEVELOPMENT PROCESSES
COMMISSION ACTION: Recommend Approval of Amendments #1,2,3,4, & 6 4-0
Vice Mayor Pepper requested staff to follow-up on looking into a possible Quality of Life Summit.

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

With respect to § 6-405 [Relaxing the rule for retail in King Street Metro District], City Council referred the entire issue back to the Planning Commission for it to have a public hearing and redrafting of the text amendment to incorporate the language that was recommended by staff regarding buildings that front on more than one public street, retail shall be provided on the more prominent street frontage, as determined by the director, and then returned to the Council.

§ 5-603 (A)(1) [Allowing underlying zone rights to survive concept approval] City Council approved the Planning Commission recommendation allowing underlying zone rights to survive concept approval.

§ 5-605 (J)(1)(2) [Preliminary Development Plan Approval] City Council did not approve the suggested changes since this change is not necessary.

§ 5-603 (C) [Shortening the time for preapplication conference] City Council approved this change.

§ 5-604 (C) (14)(15) [Adding submission requirements for concept plan] City Council approved this change, as amended, by deleting the word "high" in section (15).

§ 5-606 (D)(E)(F) [Eliminating appeal to Council on final plan approval] City Council did not eliminate the appeal process.

§ 5-607 (A) [Clarifying certification requirements] City Council approved this change with a technical amendment by correcting the year in line one to read "1992" instead of "2992".
Council Action:_______________________________________________________________

REPORTS OF BOARDS COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

10. SPECIAL USE PERMIT #96-0174 -- 3830 SEMINARY ROAD -- BETH EL HEBREW CONGREGATION TEMPLE
COMMISSION ACTION: Recommend Approval 4-0

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

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

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

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

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



REPORTS OF BOARDS COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

10. (continued)

City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition No. 4 to read as follows: "4. The special use shall be reviewed in June 1998."; and deleted Condition No. 5.
Council Action:_______________________________________________________________

11. SPECIAL USE PERMIT #96-0176 -- 107 NORTH FAYETTE STREET
COMMISSION ACTION: Recommend Approval 4-0

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

Planning and Zoning Director Lynn responded to his questions.

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

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

City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #16.
Council Action:_______________________________________________________________

ORDINANCES AND RESOLUTIONS

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

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3907
Council Action:_______________________________________________________________
ORDINANCES AND RESOLUTIONS (continued)

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

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3908
Council Action:_______________________________________________________________

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

City Attorney Sunderland requested Council to add a new Section 30, and to renumber the existing Sections 30, 31, and 32, to 31, 32, and 33.

City Council finally passed the ordinance on its Second Reading, as amended.
ORD. NO. 3909
Council Action:_______________________________________________________________

15. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Potomac West Small Area Plan Chapter of the 1992 Alexandria Master Plan to change the land use guidelines for development within Coordinated Development District No. 7 to allow, with a special use permit, the "automobile and trailer rental and sales" use within the portion of the CDD that is zoned OC. (#23 1/14/97) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3910
Council Action:_______________________________________________________________

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

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3911
Council Action:_______________________________________________________________

ORDINANCES AND RESOLUTIONS (continued)

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

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3912
Council Action:_______________________________________________________________

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

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3913
Council Action:_______________________________________________________________

19. (a) CHARTER SECTION 9.06, CASE #96-05 -- 138 DALE STREET -- SALE OF PROPERTY IN HUME SPRINGS
COMMISSION ACTION: Approved

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

(a) City Council approved the request.

(b) City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3914
Council Action:_______________________________________________________________

OTHER

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

There was no update report on this item.
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR (21-23)

Planning Commission (continued)

21. SPECIAL USE PERMIT #96-0175 -- 227 NORTH HENRY STREET --ALEXANDRIA LODGE, IBPOEW
COMMISSION ACTION: Deferred 4-0

22. SPECIAL USE PERMIT #96-0160 -- 310 NORTH FAIRFAX STREET --FAIRFAX ROW TOWNHOUSES
COMMISSION ACTION: Deferred 3-1

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

23. SPECIAL USE PERMIT #96-0173 -- 1500 KING STREET, UNITS 104 & 105 -- TINY TOTS DAY CARE
COMMISSION ACTION: Deferred; Applicant's Request

WITHOUT OBJECTION, City Council noted the deferrals.
Council Action:_______________________________________________________________

The meeting was adjourned at 4:35 p.m.

This docket is subject to change.

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