Back to FY Dockets


Public Hearing Meeting
Saturday, June 17, 2000 - - 9:30 a.m.


* * * * *

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

Absent: Council Member Lonnie C. Rich.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, Acting City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Beeton, Urban Planner, Planning and Zoning; Mr. Jinks, Director of Financial and Information Technology Services; Mr. Baier, Director of Transportation and Environmental Services; Ms. Plemmer, Assistant City Manager; Mrs. Godwin, Director of Management and Budget; Purchasing Agent Pitzer; City Engineer Baker; Mr. Dahlberg, Director of Code Enforcement; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Mr. Neckel, Director of Finance; Electoral Board Chair LaMois; Elections Administrator Spicer; and Lieutenant Dickinson, Police Department.

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

At 8:30 a.m., City Council attended the Dedication of the Ben Brenman Park and the West End Park.
* * * * *

OPENING

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

Mayor Donley noted that Council Member Rich would not be present today due to a death in the family.

2. Public Discussion Period.

(a) Robert Montague, 207 Prince Street, chairman, Alexandria Historical and Preservation Commission, stated that the Commission has consented to the preparation of a historic structures report because the Lloyd House is being vacated by the Library after a thirty-plus-year tenancy. He indicated that there is structural damage that will have to be repaired in order to make it ready for use by a new occupant. He spoke to the issue of the possibility of selling the Lloyd House to the City instead of leasing it to the City in order to raise capital so that the Commission might be in a position to participate in saving the boyhood home of Robert E. Lee as a museum house. Mr. Montague stated that he is a member of the committee that has been appointed by the new owners to consider proposals for the future possibility of reopening it as a museum house. He noted that he has been contacted by a couple of representatives of groups that are working on such proposals and said that they are hoping to eventually get some help from the City in some fashion in trying to achieve that objective. He indicated that this aspect of the Lloyd House and the Lee House are somewhat tied together. It was expressed by Mr. Montague that there is a need to have a meeting about it and to talk about it further in a session to see if there is anything that can be done in this regard.

He announced that he was approached yesterday by the Virginia Department of Historic Resources and that Council should also be aware of their interest regarding the future use of the Lloyd House. He indicated that the Virginia State Historic Preservation Office maintains field or district offices throughout Virginia, but they do not presently have one in Alexandria, and they are interested in the possibility of placing one in the Lloyd House when it becomes available for re-occupancy.

In addition, he spoke to the Woodrow Wilson Bridge litigation situation.

Mayor Donley suggested, with respect to the Lee Boyhood Home and the Lloyd House, that over the summer members of the Alexandria Historic Resources Commission meet with staff. The Mayor indicated that he would be happy to attend those meetings as well. He requested Mr. Montague to contact Michele Evans to arrange such a meeting, perhaps in July.

Council Member Walker stated that Delegate Van Landingham was interested in bringing up the Resource Center for Historic Properties. She indicated that she would like the City to pursue that because of the possibility of getting state monies, and this is a natural place to have that kind of Resource Center. Mrs. Walker suggested to Mr. Montague that the Commission could make some kind of proposal with lots of support that the City could have prepared to go back to the General Assembly.

Vice Mayor Euille indicated that the representatives of the Coalition to Save the Lee Boyhood Home will be having a meeting with the City Manager very soon and that the concern about the Lloyd House may very well be discussed at that same meeting.

(b) Georgia Sacher, 304 North Jordan Street, #101, representing CCN (Colorectal Cancer Network) announced the existence of this group and noted that support group meetings are held at the Beatley Library.

(c) Mark Webster, 1208 Princess Street, representing the Inner City Civic Association, spoke to the action that City Council took on May 13, 2000, regarding the National Car Rental Facility at 1200 North Fayette Street.

(d) John R. Smucker, 108 North Quaker Lane, representing himself and his wife, spoke to the issue of the City’s real estate land taxation since his taxes increased seventy percent on the land portion. He noted that he will appeal his assessment with the City.

(e) Julie Crenshaw, 816 Queen Street, spoke to a recent article by Robert Wright in the Outlook Section of The Washington Post.

(f) Kathleen Baker, 1605 Boyle Street, announced the June 19, 2000, candlelight vigil between 8:30 and 9:30 p.m., beginning at the site of the Del Ray Farmer's Market, Mount Vernon and Oxford Avenues, in memory of Kevin Shifflett. Ms. Baker invited the public to participate.

(g) Suzie Jackson, 1405 Juliana Place, representing the Grassroots Coalition to Save Burke Branch Library, gave a brief history of the Burke Library and how it came to fruition.

(h) Joseph Soos, 9412 William Kirk Lane, Burke, VA, representing the Adult Learning Center, Volunteer Committee, expressed a concern about the decrease in size of the Adult Learning Center when it relocates to the Burke Branch Library.

Mayor Donley invited Mr. Soos to the community planning meeting regarding the Burke Branch on June 21, 2000, and for him to be a part of the planning process.

Vice Mayor Euille asked Mr. Soos if they have gone to the School Board with their concerns.

Mr. Soos noted that they were trying to follow the proper chain of command.

Council Member Walker suggested that a group meet together with the schools and the rest of the City to see if we can establish several centers. She noted a need for more in other areas of the City so that people have easy access to the learning center and hoped that this could be done.

Mayor Donley noted that this issue will be discussed at the monthly City/School Subcommittee Meeting.

Councilwoman Pepper noted with respect to the Burke Branch Library that the square footage does not add up to the 28,000 square feet that is there and that 10,000 square feet is missing.

City Manager Sunderland stated that at the Wednesday forum there will be a thorough discussion both of alternative architectural renderings, services and programs and their makeup. He noted that there is expected to be no reduction at all in the services and programs that are delivered at the Adult Learning Center.

(i) Demetrius A. Wilkins, 425 North Payne Street, representing the Adult Learning Center, Volunteer Committee, spoke in support of maintaining the high level of service of the Center, and provided Council with his successful experience with the Adult Learning Center.

(j) Johnny Alexander, 253 Lynhaven Drive, representing the Adult Learning Center, spoke to how the Adult Learning Center helped him.

(k) John Chapman Gager spoke.


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-33)

Planning Commission

Without Objection, City Council removed docket item nos. 4, 27, 28, 29 and 33 from the Action Consent Calendar and considered them under separate motions.

3. REZONING #2000-0004 -- 2 E WALNUT ST -- Public Hearing and Consideration of a rezoning for a technical correction for a portion of the subject property from POS/Public Open Space to CL/Commercial Low. Staff: Department of Planning and Zoning.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/17/00, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #2000-0040 -- 5001 SEMINARY RD, #103 -- SOUTHERN TOWERS, SHERWOOD BLDG -- HAPPY HOME CHILD LEARNING CENTER -- Public Hearing and Consideration of a request for a special use permit for expansion of a day care center; zoned RC/Residential. Applicant: Deborah L. Tillman.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/17/00, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #2000-0048 -- 3414 MT VERNON AV -- TOP WOK RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership, to amend the hours of operation, and to provide delivery service for a restaurant; zoned CG/Commercial General. Applicant: Ming Feng Lu.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/17/00, and is incorporated herewith as part of this record by reference.)











7. SPECIAL USE PERMIT #2000-0050 -- 4106 MT VERNON AV -- SHOPS ON THE AVENUE -- PAPA JOHN'S PIZZA -- Public Hearing and Consideration of a request for a special use permit amendment to change the hours of operation of the delivery service for a restaurant; zoned CL/Commercial Low. Applicant: Papa John's Pizza, by William C. Thomas, Jr., attorney.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/17/00, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #2000-0051 4110 MT VERNON AV -- SHOPS ON THE AVENUE -- CHINA EXPRESS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out and delivery service; zoned CL/Commercial Low. Applicant: Cheung Kee Cheung, trading as China Express Restaurant, by Engin Artemel.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/17/00, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #2000-0052 -- 4116 MT VERNON AV -- SHOPS ON THE AVENUE -- VERONICA'S BAKERY & CAFE -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant/bakery; zoned CL/Commercial Low. Applicant: Oavar's Inc., by Engin Artemel.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/17/00, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #2000-0054 -- 2141 JAMIESON AV -- CARLYLE DELI MARKET -- Public Hearing and Consideration of a request for a special use permit amendment to provide indoor and outdoor seating for a restaurant; zoned CDD/Coordinated Development District. Applicant: Carlyle Towers Condo Unit Owners Association, by Zakaria Driouche.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/17/00, and is incorporated herewith as part of this record by reference.)









11. SPECIAL USE PERMIT #2000-0055 -- 115 S WASHINGTON ST -- WASHINGTON STREET UNITED METHODIST CHURCH -- Public Hearing and Consideration of a request for a special use permit amendment to expand and to increase the hours of operation of a day care center; zoned CD/Commercial Downtown. Applicant: Washington Street United Methodist Church Preschool, by John C. Einbinder.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/17/00, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #2000-0056 -- 103 N ALFRED ST -- BITTERSWEET -- Public Hearing and Consideration of a request for a special use permit amendment to increase the days of operation of a restaurant; zoned CD/Commercial Downtown. Applicant: Serendipitous Inc., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/17/00, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #2000-0058 -- 5314 EISENHOWER AV -- LAND ROVER -- Public Hearing and Consideration of a request for a special use permit to operate a light automobile repair garage; zoned OCH/Office Commercial High. Applicant: The Great Experiment LLC, dba Land Rover Alexandria, by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/17/00, and is incorporated herewith as part of this record by reference.)

14. TEXT AMENDMENT #2000-0007 -- TEMPORARY SCHOOL TRAILERS -- Public Hearing and Consideration of an amendment to Section 6-105 of the Zoning Ordinance to extend the time that temporary trailers for school purposes are permitted with a special use permit in the POS/Public Open Space zone.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/17/00, and is incorporated herewith as part of this record by reference.)








15. SPECIAL USE PERMIT #2000-0060 -- 1501 CAMERON ST JEFFERSON-HOUSTON ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit extension for trailers for classroom use; zoned RB/Residential and POS/Public Open Space. Applicant: Alexandria City Public Schools, by Mark F. Krause.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/17/00, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #2000-0061 -- 3600 COMMONWEALTH AV -- CORA KELLY MAGNET SCHOOL -- Public Hearing and Consideration of a request for a special use permit extension for trailers for classroom use; zoned RB/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/17/00, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #2000-0062 -- 1115 MARTHA CUSTIS DR -- CHARLES BARRETT ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit extension for a trailer for classroom use; zoned RB/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/17/00, and is incorporated herewith as part of this record by reference.)

18. SPECIAL USE PERMIT #2000-0063 -- 5000 POLK AV -- JAMES K POLK ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit extension for trailers for classroom use; zoned R-12/Residential and R-20/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/17/00, and is incorporated herewith as part of this record by reference.)










19. SPECIAL USE PERMIT #2000-0064 -- 4643 TANEY AV -- PATRICK HENRY ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit for a trailer for classroom use; zoned R-12/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/17/00, and is incorporated herewith as part of this record by reference.)

20. SPECIAL USE PERMIT #2000-0065 -- 3330 KING ST -- T C WILLIAMS HIGH SCHOOL -- Public Hearing and Consideration of a request for a special use permit for trailers for classroom use; zoned R-20/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/17/00, and is incorporated herewith as part of this record by reference.)

21. SPECIAL USE PERMIT #2000-0066 -- 5700 SANGER AV -- WILLIAM RAMSAY ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit extension for a trailer for classroom use; zoned RA/Residential and POS/Public Open Space. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/17/00, and is incorporated herewith as part of this record by reference.)

22. SPECIAL USE PERMIT #2000-0067 -- 701 S WASHINGTON ST -- CHICKEN OUT RESTAURANT -- Public Hearing and Consideration of a request for a special use permit amendment to provide outdoor seating for a restaurant and a request for a reduction of off-street parking; zoned CL/Commercial Low. Applicant: George Gordon Architects.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/17/00, and is incorporated herewith as part of this record by reference.)










23. ENCROACHMENT #2000-0004 -- 701 S WASHINGTON ST -- CHICKEN OUT RESTAURANT -- Public Hearing and Consideration of a request for an encroachment into the public right-of-way for outdoor restaurant seating; zoned CL/Commercial Low. Applicant: George Gordon Architects.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/17/00, and is incorporated herewith as part of this record by reference.)

24. SPECIAL USE PERMIT #2000-0071 -- 107 W GLEBE RD -- ALEXANDRIA VOLKSWAGEN -- Public Hearing and Consideration of a review of a special use permit for an automobile dealership; zoned CG/Commercial General. Applicant: Ray Burnette Volkswagen, by Robert J. Test, attorney.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/17/00, and is incorporated herewith as part of this record by reference.)

25. SPECIAL USE PERMIT #2000-0072 -- 1515 MT VERNON AV -- ALMOST HOME FAMILY CHILD DEVELOPMENT CENTER -- Public Hearing and Consideration of a review of a special use permit for a child care center; zoned CL/Commercial Low. Applicant: Almost Home Family Child Development Center, by Zadie M. Hudson.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/17/00, and is incorporated herewith as part of this record by reference.)

26. SPECIAL USE PERMIT #2000-0073 -- 105 S UNION ST -- FIREHOOK BAKERY -- Public Hearing and Consideration of a review of a special use permit for a restaurant/bakery; zoned CD/Commercial Downtown. Applicant: Firehook of Union Inc., by Pierre Abushacra.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/17/00, and is incorporated herewith as part of this record by reference.)











30. DEVELOPMENT SPECIAL USE PERMIT #2000-0024 -- 108 FRANKLIN ST AT S UNION ST -- BACKYARD BOATS SITE -- Public Hearing and Consideration of a request for an amendment to the approved development special use permit to reduce units and change footprints; zoned RM/Residential. Applicant: Franklin Street LLC, by David K. Duff, engineer.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/17/00, and is incorporated herewith as part of this record by reference.)

31. VACATION #2000-0002 -- 108 FRANKLIN ST AT S UNION ST -- BACKYARD BOATS SITE -- Public Hearing and Consideration of a request for vacation of the public right-of-way; zoned RM/Residential. Applicant: Franklin Street LLC, by David K. Duff, engineer, and appointment of viewers for same.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/17/00, and is incorporated herewith as part of this record by reference.)

32. ENCROACHMENT #2000-0003 -- 108 FRANKLIN ST AT S UNION ST -- BACKYARD BOATS SITE -- Public Hearing and Consideration of a request for encroachment into the public right-of-way; zoned RM/Residential. Applicant: Franklin Street LLC, by David K. Duff, engineer.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/17/00, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the action consent calendar with the exception of docket item nos. 4, 27, 28, 29 and 33 which were considered under separate motions. The recommendations are as follows:

3. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

10. City Council approved the Planning Commission recommendation.

11. City Council approved the Planning Commission recommendation.

12. City Council approved the Planning Commission recommendation.

13. City Council approved the Planning Commission recommendation.

14. City Council approved the Planning Commission recommendation.

15. City Council approved the Planning Commission recommendation.

16. City Council approved the Planning Commission recommendation.

17. City Council approved the Planning Commission recommendation.

18. City Council approved the Planning Commission recommendation.

19. City Council approved the Planning Commission recommendation.

20. City Council approved the Planning Commission recommendation.

21. City Council approved the Planning Commission recommendation.

22. City Council approved the Planning Commission recommendation.

23. City Council approved the Planning Commission recommendation.

24. City Council approved the Planning Commission recommendation.

25. City Council approved the Planning Commission recommendation.

26. City Council approved the Planning Commission recommendation.

30. City Council approved the Planning Commission recommendation.

31. City Council approved the Planning Commission recommendation, and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Paul Smedberg, chair, Amoret Bunn and Ruby Tucker as Viewers.

32. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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






4. SPECIAL USE PERMIT #2000-0029 -- 3250 DUKE ST -- CAFE MONTI -- Public Hearing and Consideration of a special use permit review and request for off-premise sales of beer and wine for a restaurant; zoned CG/Commercial General. Applicant: Alvi Inc., by Anjuman Akhter.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/17/00, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke to the signage from South Quaker Lane to Roth Street.

City Manager Sunderland stated staff will begin looking at a signage program soon.

Members of City Council participated in the discussion.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation. The voting was as follows:

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

Without Objection, City Council considered docket items nos. 27 and 28 together and under one motion.

27. MASTER PLAN AMENDMENT #2000-0004 -- TRANSPORTATION CHAPTER -- POTOMAC YARD -- Public Hearing and Consideration of an amendment to the Transportation Chapter of the City of Alexandria’s 1992 Master Plan to add a spine road in Potomac Yard. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/17/00, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

28. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Transportation Chapter of the City’s Master Plan to add a spine road in Potomac Yard.

(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. 1 of Item No. 28; 6/17/00, and is incorporated herewith as part of this record by reference.



A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 6/17/00, and is incorporated herewith as part of this record by reference.)

Council Member Walker indicated that she felt that this action was premature. She stated that she would appreciate it more if the Council would move towards supporting a major investment study to look at the transportation in this corridor as a whole and not put this in the master plan until October.

Members of City Council, Planning and Zoning Director Lynn and City Manager Sunderland participated in the discussion.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 5-to-1, City Council approved item nos. 27 and 28 as follows:

27. City Council approved the Planning Commission recommendation.

28. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 27, 2000. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

29. SPECIAL USE PERMIT #2000-0043 -- 4580 DUKE ST -- MANGO MIKE'S RESTAURANT -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CG/Commercial General. Applicant: Alexandria Restaurants, by Michael Anderson. COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/17/00, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille recused himself from participating in the discussion and vote on this item as he has a minority investment interest in this restaurant.









WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation. The voting was as follows:

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

33. SPECIAL USE PERMIT #2000-0074 -- 4111 DUKE ST -- DANCING PEPPERS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership and to increase the hours of operation of a restaurant; zoned CC/Commercial. Applicant: Grupo Dos Chiles LLC, by Alfred W. Shriver, III.

COMMISSION ACTION: Recommend approval 6-0-1

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Trip Shriver, 1005 Oronoco Street, spoke in support and presented Council with a copy of some proposed amendments to the conditions; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 2 of this item.

The applicant, Members of City Council, Planning and Zoning Deputy Director Ross and Code Enforcement Director Dahlberg participated in the discussion on this item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation, with the following amendments: in condition no. 2,....no more than 40 seats shall be located on the outdoor area, and 40 is carried over into condition no. 3; eliminated condition no. 8; condition no. 17 shall read: “17. The applicant shall remove the storage trailer within one year from the date of City Council approval and establish something permanent.”; condition no. 19 shall read: “19. The applicant shall submit a landscaping plan to the satisfaction of Planning and Zoning.”; and condition no. 20 shall read: “20. The height of the freestanding sign shall be lowered to 15 feet within a year.” The voting was as follows:

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







REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

34. Public Hearing and Consideration of a Request from the Alexandria Electoral Board for Authorization to Proceed with the Process of Securing Relief from the Pre-clearance Provisions of the Voting Rights Act (Section 5). (#10 5/23/00)

(A copy of the City Manager's memorandum dated May 18, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/17/00, 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. 34; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Mary LaMois, 714 Janney's Lane, chair, Electoral Board, spoke in support and introduced Consultant Gerald Hebert;

Gerald Hebert, 5019 Waple Lane, representing the Electoral Board, gave an overview of the process; and

Ludwig P. Gaines, 1613B Hunting Creek Drive, representing the Alexandria NAACP, spoke in support of Stage I; a copy of Mr. Gaines' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.

Mayor Donley urged that a community meeting with dialogue be held as well as a public hearing prior to moving forward with Stage II.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved proceeding with Stage I and that Council not proceed with Stage II until a public hearing and community meeting are held to discuss the findings of Stage I. The voting was as follows:

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

Without Objection, Mayor Donley noted that docket item no. 42 had been withdrawn.

42. SPECIAL USE PERMIT #2000-0049 -- 2 E WALNUT ST -- Public Hearing and Consideration of a request for a special use permit to add food preparation with carry-out and delivery service to an existing grocery store; zoned CL/Commercial Low. Applicant: Kwong Wong.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of the applicant's withdrawal letter dated June 17, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 42; 6/17/00, and is incorporated herewith as part of this record by reference.)

Without Objection, City Council noted the withdrawal.

ORDINANCES AND RESOLUTIONS (continued)

35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to change the polling place for the William Ramsay School Election District to the William Ramsay Recreation Center, located at 5650 Sanger Avenue, and to conform the name of the district to the new polling place. (#25 6/13/00) [ROLL-CALL VOTE]

(A copy of the Electoral Board memorandum dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/17/00, and is incorporated herewith as part of this record by reference.)

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 Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The Ordinance finally passed reads as follows:
ORDINANCE NO. 4137

AN ORDINANCE to amend and reordain subsection (t) (WILLIAM RAMSAY SCHOOL ELECTION DISTRICT) of Section 2-2-10 (ESTABLISHMENT OF ELECTION DISTRICTS AND VOTING PLACES), Chapter 2 (ELECTIONS), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Subsection (t) of Section 2-2-10 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:

(t) The William Ramsay Recreation Center Election District shall be bounded and described as follows:

The voting place within the William Ramsay Recreation Center Election District shall be at the William Ramsay Recreation Center, located at 5650 Sanger Avenue.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage; provided, however, that the changes in the Election District names and voting places herein made shall not be implemented until the changes are first submitted to the Attorney General of the United States and no objection is interposed within 60 days of the submission, as required pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to conform the city procurement regulations to recent changes in state law, and to require the payment of a “living wage” in the procurement of certain services by the city. (#23 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/17/00, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 36; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Kristen Lopez Eastlick, 1775 Pennsylvania Avenue, N.W., Washington, D.C., representing the Employment Policies Institute, and the Alexandria Chamber of Commerce, spoke against the proposed ordinance;




S. Howard Woodson, III, 1407 Wayne Street, representing the Alexandria Branch, NAACP, spoke in support; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Allen Lomax, 5021 Seminary Road, chair, Economic Opportunities Commission, spoke in support;

Sue H. Capers, 311 Wolfe Street, representing the Virginia Coalition for Homeless, spoke in support;

Eugene Mulligan, 1104 Trinity Drive, spoke in support;

Chauna Brocht, 1660 L Street, N.W., Washington, D.C., representing the Economic Policy Institute, spoke in support; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Nancy Caison, 7303 Walnut Knoll Drive, Springfield, VA, representing ALIVE!, Inc., spoke in support;

Ruben Arguela, 3911B Bruce Street, #22, representing the Chirilagua Committee, spoke in support;

Len Rubenstein, 17 West Cedar Street, spoke in support; and

Cameron Barron, 3915 Bruce Street, #206, representing the Tenants' and Workers' Support Committee, spoke in support.

Members of City Council, City Manager Sunderland and Financial and Information Services Director Jinks participated in the discussion on this item.

Councilman Speck stated that the City needs to address the City employees who fall below the amount required by the living wage ordinance.

City Manager Sunderland indicated that staff will look at the positions that fall below this amount.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-0, City Council (1) finally passed the ordinance upon its Second Reading and Final Passage, and (2) transferred $215,000 from the FY 2001 General Fund contingent reserves account (103556-2707) to a Citywide non-departmental account. The voting was as follows:

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

The ordinance finally passed reads as follows:





ORDINANCE NO. 4138

AN ORDINANCE (1)(a) to amend and reordain Section 3-3-6 (DEFINITIONS), of Article A (GENERAL PROVISIONS); (b) to enact new Section 3-3-31.1 (SERVICE CONTRACT WAGES), to amend and reordain Section 3-3-44 (BID EVALUATION), subsection (a) of Section 3-3-45 (BID AWARD), and subsection (a) of Section 3-3-50 (CONTRACT MODIFICATION), of Division 1 (COMPETITIVE SEALED BIDDING), to enact new Section 3-3-63.1 (SERVICE CONTRACT WAGES), and to amend and reordain Section 3-3-66 (EVALUATION FACTORS) and Section 3-3-68 (AWARD), of Division 2 (COMPETITIVE NEGOTIATION), to amend and reordain Section 3-3-72 (SMALL PURCHASES), and to enact new Section 3-3-78 (DRUG-FREE WORKPLACE), of Division 3 (MISCELLANEOUS PROVISIONS), all of Article D (CONTRACT FORMATION AND METHODS OF SOURCE SELECTION); and (c) to amend and reordain subsection (a) of Section 3-3-104 (PROTEST OF AWARD OR DECISION TO AWARD), of Article G (APPEALS AND REMEDIES FOR BID PROTESTS), all of Chapter 3 (PROCUREMENT), Title 3 (FINANCE, TAXATION AND PROCUREMENT); and (2) to amend and reordain subsection (a) of Section 12-4-6 (CITY CONTRACTS), of Chapter 4 (HUMAN RIGHTS), TITLE 12 (EDUCATION, SOCIAL SERVICES AND WELFARE), all of The Code of the City of Alexandria, Virginia, 1981, as amended.

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

1. The Washington metropolitan area has many residents who, although gainfully employed, earn less than the income required to live above the federal poverty line, and therefore live with a constant struggle to provide adequately for themselves and their families while contributing as productive citizens to our community, and draw disproportionately upon social support services.

2. It is the policy of government at the national, state and local levels to encourage, and in some instances to require, recipients of public assistance to make a transition to financial self-sufficiency through gainful employment.

3. The City of Alexandria, as a principal provider of public assistance and other social support services, has a compelling interest in ensuring that citizens, employees and employees of city contractors receive a wage sufficient to enable a family to live above the federal poverty line, which is found to be a living wage.

4. A living wage should ensure that an employee, working full-time, is able to live above the federal poverty line for a family of four, and this wage currently equates to $8.20 per hour.

5. A living wage should in addition afford an employee reasonable access to necessary health care and preventive medicine, and, according to the U.S. Bureau of Labor Statistics, the prevailing hourly contribution by private industry with 500 or more employees to costs of health insurance is currently $1.64 per hour.








6. The City of Alexandria contracts with various persons and private entities for the provision of certain services essential to the functioning of the City government, including, but not limited to, cleaning services, landscaping services, maintenance services, clerical services, food services, parking services, and security services, and many employees under such contracts have heretofore not received the wages described in paragraph 4 above, and such employees are infrequently offered health benefits by their employers.

7. The payment of a living wage results in better workmanship, increased employee morale, lower turnover, better employee health, reduced absenteeism, and higher productivity, and, therefore, results in the provision of higher quality services and the best value to the City relative to the City’s need for such services.

8. In competitively contracting for services, it is in the public interest for the City of Alexandria to ensure that the City receives the highest level of services and economic return by requiring contractors, as a condition of entering into contracts with the City for such services, to agree to pay their employees a living wage.

9. The City of Alexandria desires to make certain, additional revisions to its procurement law, as permitted or required by applicable state law.

10. Based upon the foregoing findings and all other facts and circumstances of which the City Council may properly take notice in its capacity as the legislative body of the City of Alexandria, adoption of this ordinance is necessary and desirable to protect and advance the best interests of the City in the procurement of goods and services, and to protect the public health, safety and general welfare; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That section 3-3-6 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-6 Definitions.

(1) Best value: the overall combination of quality, price, and various elements of required services that in total are optimal relative to the city’s needs. The best value process is used to select the most advantageous bid or offer by evaluating and comparing pre-established factors, including, but not limited to, quality, technical features, experience and past performance, in addition to cost or price.

(2) Brand name specification: A specification limited to one or more items by manufacturers’ names or catalogue numbers.

(3) Brand name or equal specification: A specification limited to one or more items by manufacturers’ names or catalogue numbers to describe the standard of quality, performance and other salient characteristics needed to meet city requirements, and which provides for the submission of equivalent products.

(4) City council: The city council of the City of Alexandria.


(5) City purchasing agent or agent: The purchasing agent of the City of Alexandria.

(6) Construction management contract: A contract in which a party is retained by the city to coordinate and administer contracts for the provision of construction services by others, and which also provides for such party to furnish construction services to the city.

(7) Construction: Building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property.

(8) Contract: All types of agreements, regardless of what they may be called, for the procurement of goods, services, insurance or construction.

(9) Contract modification: Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties to the contract.

(10) Contractor: Any person having a contract with the city or a using agency thereof.

(11) Cost analysis: The valuation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid and costs to be reimbursed.

(12) Cost data: Factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract.

(13) Cost reimbursement contract: A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter and a fee or profit, if any.

(14) Design-build contract: A contract in which the contractor agrees to both design and build a structure, roadway or other item specified in the contract.

(15) Direct or indirect participation: Involvement through decision, approval, disapproval, recommendation, or preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity.

(16) Disadvantaged business: A small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.

(17) Employee: An individual drawing a salary or wages from the city whether elected or not; any noncompensated individual performing personal services for the city or any department, agency, commission, council, board or any other entity established by law.

(18) Goods: All material, equipment, supplies, printing and automated data processing hardware and software.

(19) Informality: A minor defect or variation of a bid or proposal from the exact requirements of the invitation for bids, or the request for proposals, which does not affect the price, quality, quantity or delivery schedule for the goods, services, insurance or construction being procured.

(20) Insurance: A contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils.

(21) Invitation for bids: All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids. No confidential or proprietary data shall be solicited in any invitation for bids.

(22) Multiphase professional services contract: A contract for the provision of professional services in multiple phases where the total scope of work in the second or a subsequent phase of the contract cannot be specified without the results of the first or other phase of the contract.

(23) Nominal value: So small, slight or the like, in comparison to what might properly be expected, as scarcely to be entitled to the name, but in no case to be more than $10.

(24) Nonprofessional services: Any services not specifically identified as professional services in the following definition.

(25) Professional services: Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering.

(26) Person: Any business, individual, union, committee, club, other organization or group of individuals.

(27) Price analysis: The evaluation of pricing data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.

(28) Pricing data: Factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offer or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.

(29) Public body: Any legislative, executive or judicial body, agency, office, department, authority, commission, committee, institution, board, political subdivision or other entity created by law to exercise some sovereign power or to perform some governmental duty.

(30) Public contract: Any contract between the city and a nongovernmental source that is enforceable in a court of law.

(31) Qualified products list: An approved list of goods, services or construction items described by model or catalogue number, which prior to competitive solicitation, the city has determined will meet the applicable specification requirements.

(32) Request for proposals: All documents, whether attached or incorporated by reference, utilized for soliciting proposals.

(33) Responsible bidder or offeror: A person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance and who has been prequalified, if required.

(34) Responsive bidder or offeror: A person who has submitted a bid or proposal which conforms in all material respects to the invitation for bids or request for proposals.

(35) Services: Any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials or the rental of equipment, materials and supplies.

(36) Small business: A United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation.

(37) Specification: Any description of the physical or functional characteristics or of the nature of a good, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a good, service or construction item for delivery.

(38) Using agency: Any department, agency, commission, office, bureau or other unit in the city government requiring goods, services, insurance or construction.

Section 2. That Chapter 3 of 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 3-3-31.1 to read as follows:

Sec. 3-3-31.1 Service Contract Wages.

(a) Required wage rate.

(1) Except as otherwise provided in this section, each public contract for the provision of services, awarded after a process of competitive sealed bidding, shall require that the contractor pay each employee assigned to perform services under such public contract, while performing such services on property owned or controlled by the city, an hourly rate equal to:

(i) the average poverty threshold for a family of four, as determined pursuant to the poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. § 9902(2), divided by 2,080, plus

(ii) the average cost per hour incurred by an employer, on behalf of each employee, for the provision of health insurance, as determined by the U.S. Bureau of Labor Statistics (U.S. Bureau of Labor Statistics, Table 8, Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers, by establishment employment size, 500 or more workers).

(2) For purposes of subparagraph (a)(1) above, the initial required wage rate shall be computed based upon the average poverty threshold for a family of four, as determined pursuant to the poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. § 9902(2), for 2000, and the costs for health insurance, as determined by the U.S. Bureau of Labor Statistics (U.S. Bureau of Labor Statistics, Table 8, Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers, by establishment employment size, 500 or more workers), in March of 1999.

(3) If either the U.S. Department of Health and Human Services or the U.S. Bureau of Labor Statistics discontinues the determinations used to establish the required wage rate, the city manager, in his discretion, shall adopt a substitute procedure to establish the required wage rate, which reasonably reflects the average poverty threshold for a family of four or the average cost per hour incurred by an employer, on behalf of each employee, for the provision of health insurance, as applicable.

(4) The contractor under each such public contract shall include the provisions of this subsection (a) in every subcontract so that such provisions, and the other provisions of this section 3-3-31.1, will be binding upon each subcontractor. When a contractor undertakes a public contract subject to this section 3-3-31.1, the contractor agrees to assume the obligation that this section’s wage requirements will be observed in fulfilling the requirements of the public contract. This obligation may not be relieved by shifting all or a part of the work under the public contract to another, and the contractor shall be jointly and severally liable with any subcontractor for any underpayment of wages on the part of any such subcontractor. The appropriate enforcement sanctions under this section may be invoked against both the contractor and any such subcontractor in the event of such subcontractor’s failure to comply with any of the provisions of this section 3-3-31.1.

(5) The required wage rate set forth in subparagraph (a)(1) above shall be paid without contemporaneous or subsequent deduction or rebate of any nature, except such payroll deductions as are required or permitted by law, by a collective bargaining agreement, or by specific written authorization from an employee.

(b) Adjustments. The wages required to be paid under subsection (a) above shall be adjusted as of July 1 of each year to reflect the most current determinations made by the U.S. Department of Health and Human Services and the U.S. Bureau of Labor Statistics and shall be applicable to any public contract awarded thereafter until the date of the next adjustment; provided, however, the wage rates in effect at the time a public contract is awarded to a contractor by the city shall remain in effect under such public contract during its original term. At the time of the exercise by the city of any renewal option under a public contract, the required wage rate shall be adjusted as provided above, and as adjusted, shall remain in effect during the renewal term.






(c) Limits on applicability. The provisions of this section shall not apply to public contracts for professional services, contracts for construction, construction management contracts, design-build contracts or contracts for services procured under sections 3-3-71, 3-3-72, 3-3-73 and 3-3-74, as amended. Nor shall the provisions of this section require payment of the required wage rate to persons employed by a contractor and incarcerated at the city jail.

(d) Publication and notice.

(1) As soon as possible after the annual determination of the required wage rate, as adjusted pursuant to subsection (b) above, the purchasing agent shall publish such rate in English and Spanish on the purchasing division’s world wide web site.

(2) The then current required wage rate shall be posted by each contractor in English and Spanish, on such form as shall be provided by the purchasing agent, in a prominent place at its offices and each location where its employees perform services under a public contract.

(3) Within five days of an employee’s request, a contractor shall provide to such employee a written statement in English and Spanish, on such form as shall be provided by the purchasing agent, of the then current required wage rate.

(4) Notice of the required wage rate shall be stated in the procurement solicitation, as required by subsections
3-3-44(b) and 3-3-66(b) of this code.

(e) Records and reports. Each contractor and its subcontractors subject to the provisions of this section 3-3-31.1 shall:

(1) for a period of three (3) years after the expiration or earlier termination of the applicable public contract, keep and preserve records which show wages and benefits provided by such contractor and its subcontractors to each employee assigned to perform services under such public contract. The purchasing agent, or his designee, shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such contractor or its subcontractors, for the purpose of administering and enforcing the provisions of this section, and to make copies of all or any parts thereof; and

(2) on a quarterly and annual basis during the term of the applicable public contract, submit to the purchasing agent a report, in a form acceptable to the purchasing agent, which shows hourly wage rates, wages and benefits provided by such contractor and its subcontractors to each employee assigned to perform services under such public contract, and such other information as may be required by the purchasing agent.








(f) Additional contract requirements.

(1) Any contractor subject to this section shall, as a term of the public contract, further comply with all applicable federal, state and city laws, rules and regulations including, but not limited to, the U.S. Fair Labor Standards Act of 1938, as amended, the U.S. Occupational Safety and Health Act of 1970, as amended, the U.S. Employee Retirement Income Security Act, as amended, and Chapter 3 of Title 40.1 of the Code of Virginia, 1950, as amended. The violation of any such laws, rules or regulations by a contractor, as determined by the purchasing agent, shall be grounds for termination of such public contract, and debarment of such contractor, in accordance with the procedures set forth in article F, chapter 3, title 3.

(2) As an additional term of the public contract, no contractor shall discharge, reduce the compensation of, or otherwise retaliate against any employee who files a complaint with the purchasing agent, or takes any other action to enforce the requirements of this section or a public contract subject to this section.

(g) Enforcement.

(1) Within six months of a contractor’s or subcontractor’s failure to comply with the wage requirements of a public contract, an aggrieved employee may file a complaint with the purchasing agent, requesting that the purchasing agent enforce the wage requirements of such public contract. In the event that the purchasing agent determines that the employee has not received the wages required under this section 3-3-31.1, the purchasing agent shall direct the payment forthwith of such wages, plus interest at the judgment rate from the date originally due, and less any deductions required or permitted by law. Failure of a contractor or subcontractor to comply with the directive of the purchasing agent shall be grounds for termination of such public contract and debarment of such contractor or subcontractor, in accordance with the procedures set forth in article F, chapter 3, title 3.

(2) Any contractor or subcontractor which fails to pay an employee the wage required by this section shall be liable to the employee affected in the amount of the unpaid wage, plus interest at the judgment rate from the date originally due, and less any deductions required or permitted by law.

(3) Any employee assigned to perform services under a public contract subject to the requirements of this section
3-3-31.1 shall be deemed a third party beneficiary of this
section and the provisions mandated by this section in any public contract.

(h) Administrative Procedures. Subject to the approval of the city manager, the purchasing agent may promulgate such additional procedures, not inconsistent with the provisions of this section, and consistent with the procedures for the procurement of services, as he deems necessary and appropriate to effect and enforce the provisions of this section.

Section 3. That section 3-3-44 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-44 Bid evaluation.

(a) Evaluation of bids shall be based upon the requirements set forth in the invitation, which may include special qualifications of potential contractors, life cycle costing, value analysis and any other criteria such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose, which are helpful in determining acceptability.

(b) Best value concepts may be considered when procuring goods and nonprofessional services, but not construction or professional services. The criteria, factors and basis for consideration of best value and the process for the consideration of best value shall be as stated in the invitation for bids.

Section 4. That subsection (a) of section 3-3-45 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-45 Bid award.

(a) Bids shall be awarded to the lowest responsive and responsible bidder. When the terms and conditions of multiple awards are so provided in the invitation to bid, awards may be made to more than one bidder.

Section 5. That subsection (a) of section 3-3-50 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-50 Contract modification.

(a) A public contract may include provisions for modification of the contract during performance, but no fixed price contract may be increased by more than 25 percent of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the city council.

Section 6. That Chapter 3 of 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 3-3-63.1 to read as follows:

Sec. 3-3-63.1 Service contract wages.

The provisions of section 3-3-31.1 shall apply to public contracts awarded by competitive negotiation, unless excluded pursuant to section 3-3-31.1(c).

Section 7. That section 3-3-66 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-66 Evaluation factors.

(a) The request for proposals shall state the relative importance of price and other evaluation factors.

(b) Best value concepts may be considered when procuring goods and nonprofessional services, but not construction or professional services. The criteria, factors and basis for consideration of best value and the process for the consideration of best value shall be as stated in the request for proposals.


Section 8. That section 3-3-68 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-68 Award.

Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. When the terms and conditions of multiple awards are so provided in the request for proposals, awards may be made to more than one offeror.

Section 9. That section 3-3-72 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-72 Small purchases.

(a) Any contract for goods or services not exceeding $ 50,000 may be made in accordance with small purchase procedures; provided, however, that contract requirements shall not be artificially divided so as to constitute a small purchase under this section. Insofar as it is practical, no less than three businesses shall be solicited to submit quotations. Award shall be made to the business offering the lowest acceptable quotation. The name of the business submitting a quotation, and the date and amount of each quotation, shall be recorded and maintained as a public record.

(b) Subject to the approval of the city manager, the purchasing agent may establish written procedures, not requiring competitive negotiation for single or term contracts for professional services, if the aggregate or sum of all phases is not expected to exceed $30,000; provided, however, such small purchase procedures shall provide for competition wherever practicable.

Section 10. That Chapter 3 of 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 3-3-78 to read as follows:

Sec. 3-3-78 Drug-free workplace.

Any public contract over $10,000 shall include substantially the following provision:

"During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor."

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific public contract awarded to a contractor in accordance with this chapter, the employees of which are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

Section 11. That subsection (a) of section 3-3-104 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-3-104 Protest of award of decision to award.

(a) Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the purchasing agent no later than 10 days after public notice of the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the purchasing agent in the manner prescribed in the terms or conditions of the invitation for bids or request for proposals. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The purchasing agent shall issue a decision in writing within 10 days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within 10 days of receipt of the written decision by invoking the administrative procedures set forth in the contract, if any, or in the alternative by instituting legal action as provided in section 3-3-108 of this chapter. Nothing in this section shall be construed to permit a bidder or offeror to challenge the validity of the terms or conditions of the invitation for bids or request for proposals.

Section 12. That subsection (a) of section 12-4-6 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. 12-4-6 City contracts.

(a) Any contract of over $10,000, except any contract for the sale, purchase or rental of land, to which the city is a party shall include substantially the following provisions:

"Employment Opportunity. The contractor hereby agrees:

“(1) Not to discriminate against any employee or applicant for employment on account of race, color, sex, religion, ancestry, national origin, marital status, age, disability, when such person is a qualified person with a disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.


“(2) To implement an affirmative action employment program as defined in section 12-4-3 of this chapter to ensure nondiscrimination in employment under guidelines to be developed by the commission and approved by the city council.

“(3) To include in all solicitations or advertisements for employees placed by or on behalf of the contractor the words ‘Equal Opportunity Employer’ or a symbol, approved by the commission, meaning same.

“(4) To notify each labor organization or representative of employees with which said contractor is bound by a collective bargaining agreement or other contract of the contractor’s obligations pursuant to this equal employment opportunity clause.

“(5) To submit to the city manager and the city’s human rights administrator, upon request, no more frequently than annually, regular equal employment opportunity reports on a form to be prescribed by the city’s human rights administrator with the approval of the city manager, except that the administrator may request more frequent special reports of particular employers provided the commission has found such employers to have violated any provision of this chapter.

“(6) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subsection.

“(7) To make reasonable accommodation to the known physical or mental limitations of an otherwise qualified person with a disability who is an applicant or employee unless the contractor can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

“(8) That for the purpose of this section reasonable accommodation may include (i) making facilities used by employees readily accessible to and usable by persons with a disability and (ii) job restructuring, part-time or modified work schedules, acquisitions or modification of equipment or devices, the provision of readers or interpreters and other similar actions.

“(9) That in determining whether an accommodation would impose an undue hardship on the operation of the contractor’s business, factors to be considered include but are not limited to the following:

“a. the overall size of the contractor’s business with respect to the number of employees, the number and type of facilities and size of budget;

“b. the type of the contractor’s operation, including the composition and structure of the contractor's work force; and

“c. the nature and cost of the accommodation needed.

“(10) That it may not deny any employment opportunity to a qualified person with a disability who is an employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.



“(11) To include the provisions in subsections (1) through (10) of this clause in every subcontract so that such provisions will be binding upon each subcontractor.

“(12) That in the event of the contractor's noncompliance with any provision of this equal employment opportunity clause, upon a finding of such noncompliance by the city's human rights commission and certification of such finding by the city manager, the city council may terminate or suspend or not renew, in whole or in part, this contract.”

Section 13. If any provision of this ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder of the ordinance shall be valid in all other respects and shall continue to be effective. In the event of a subsequent change in applicable law under which the provision that had been held invalid is no longer invalid, the provision shall thereupon return to full force and effect without further action by the city, unless the city council determines otherwise by ordinance.

Section 14. That this ordinance shall become effective on July 1, 2000; provided, however, that the provisions of sections 3-3-31.1 and 3-3-63.1 shall not be implemented until, and shall not apply to any public contract awarded or renewed prior to, October 1, 2000.

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *


1
;
2

3


4




5


6




7

8



9

10



11


12




13

14




15


16



17


18


19


20



21


22



23


24



25


26



27


28



29


30


31

32


33

34



35


36



37


38



39


40



41


42



43


44



45


46



47


48



49


50


51


52



53



54




55


56




57


58



59


60



61


62



63


64



65


66



67


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

37. Public Hearing and Consideration on the Report from the City Facilities Naming Committee. (#10 6/13/00; Oral(c) 5/23/00)

(A copy of the City Manager's memorandum dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Councilman Speck requested staff to come back to Council with some thoughts on what will be the appropriate time and nature of events to acknowledge the naming, particularly of the West End Park and the Pavilion, in conjunction with families who are pleased beyond words.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved (1) the name of the Ellen Coolidge Burke Library be changed to the Ellen Coolidge Burke Library and Community Learning Center; (2) the West End Park at Cameron Station be named Armistead L. Boothe Park; (3) the Market Square pavilion be named the Wiley F. Mitchell, Jr. Pavilion; and (4) the Clerk's Office of the Alexandria Juvenile and Domestic Relations District Court be named after Phyllis E. Brown. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

38. DEVELOPMENT SPECIAL USE PERMIT #2000-0025 -- 625-675 N WASHINGTON ST -- SAUL CENTER -- Public Hearing and Consideration of a request for a development special use permit amendment related to loading and unloading activities; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Saul Centers Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated June 14, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 38; 6/17/00, and is incorporated herewith as part of this record by reference.




A copy of Trader Joe's memorandum dated June 14, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 38; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of a petition opposing this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 38; 6/17/00, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 5 of Item No. 38; 6/17/00, and is incorporated herewith as part of this record by reference.)

Councilman Speck stated that there is not a sufficient amount of Council Members who want to overturn the Planning Commission on this. He noted that the issue of loading and unloading on the driveway is not going to happen. Councilman Speck reported that there is a possibility to be able to use Wythe Street as an unloading location for the larger trucks in the section of Wythe Street on the south side between the loading dock and the corner of Wythe and Saint Asaph Streets. He indicated that it is not going to be easy and there are some engineering and design issues that have not been worked out and are not going to be decided today. Councilman Speck expressed that there is a sense that there may be the ability to resolve some issues that were thought previously not resolvable and now may be in terms of road and truck engineering. He spoke to the new condition suggested by staff and that possibly over the next few days add another sentence to that condition with respect to Wythe Street which may work. He suggested that Council hold the public hearing today and take comment from those who wish to speak. Councilman Speck requested that speakers comment on the Wythe Street issue and any of the matters that they think are in contention. He noted that at the conclusion of the public hearing, a motion to table be made and then to complete decision on June 27. He stated that this will give staff time to look at the engineering, road building and other issues that are associated with trying to determine the Wythe Street loading. If Wythe Street cannot work, the result probably would be no Trader Joe’s.

Mayor Donley reiterated that City Council is not going to overturn the Planning Commission on this issue, but it would like to explore the Wythe Street option as Councilman Speck has recommended and take the matter up on June 27.

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

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support and will try to resolve the issue of loading and unloading on Wythe Street;

Bette Meisel, 314 Heatstone Mews, spoke in support;

Alan N. Rudd, 2121 Jamieson Avenue, Unit 1801, representing the Carlyle-Eisenhower Civic Association, spoke against;

D. Rix Edwards, 612 North Saint Asaph Street, representing Portner House residents, expressed concern about the 16 retail shops, which includes Trader Joe's, and would like to be part of the process to try to resolve the issue of loading and unloading;

Dina Lehmann, 621 North Saint Asaph Street, spoke against and appreciated the fact that the tenants and owners have a chance to participate;

Marc Parsont, 621 North Saint Asaph Street, Unit 101, representing himself and residents of Portners Landing Condominiums, spoke against and was bemused and amused with the new ideas with respect to Wythe Street; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;

Matthew Natale, 4301 Martha Custis Drive, spoke against and thanked the Council for the compromise with respect to Wythe Street; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;

David Bernabucci, 600 Oronoco Street, spoke against the detailed loading plan, and in support of the preservation of a peaceful, quiet, and tranquil environment;

Mark Feldheim, 1215 Prince Street, representing Old Town Civic Association, indicated that the Wythe Street proposal is a possible solution provided there is proper enforcement;

Michael J. DeMeo, 542 North Saint Asaph Street, representing Shad Row Homeowners' Association, spoke against loading opposite residential and requested a vote against this amendment with a request that the applicant come forward with a new special use permit for the proposal; a copy of Mr. DeMeo's handout is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 8 of this item;

David Brian Johnson, 576 North Saint Asaph Street, spoke against and indicated the developer needs to act to fix the problem;

Richard Viggiano, 621 North Saint Asaph Street, Unit 403, president, Portners Landing Condominiums, supported the Planning Commission decision;

Marian Clarke, 400 Madison Street, spoke in support of the special use permit and a mixed-use urban community;

Elizabeth Clark, 400 Madison Street, president, Alexandria House Condominium Association, spoke in support of the special use permit, a mixed-use environment, and a compromise;

Nancy Kincaid, 400 Madison Street, also spoke in support of the special use permit;

Judith K. Jones, 400 Madison Street, #1801, spoke against the special use permit and supported the Planning Commission recommendation;

Bob Peavey, 1250 South Washington Street, spoke in support of the Planning Commission recommendation, requested that the peace and quiet of the community be protected, and asked Council to deny the amendment and ask the applicant to come back;



Sally Ann Greer, 1168 North Pitt Street, representing Canal Way Homeowners, and NOTIC, spoke against; and

Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, was gratified with Council's decision to work on a compromise, spoke to loading on Washington Street, and thanked Council Member Walker for her service.

Councilman Speck noted after the public hearing that there seem to be three things that continue to be elements in every discussion and most of the comments that we have had. One, was no unloading on Saint Asaph Street; two, was a strong desire to have a food retailer in the building; and the third is that loading and unloading on Wythe Street is what was always intended in terms of the significant delivery. He stated that the discussion that was held earlier is to try to find a way to use Wythe Street for these large trucks. He indicated this has always been talked about and felt until very recently that it was not possible from an engineering standpoint, but now it may be possible. He further stated that to the extent that Council is taking a few days to determine that, that is, he thinks this is exactly what Council ought to be doing at this point in an effort to remedy a concern and to continue to see this facility to prosper and be an important part of the community.

Mayor Donley requested that prior to Council’s meeting on June 27, that he would like Mr. Blair, representing the Saul Center, and staff to arrange for a meeting with some of the civic leaders so that they understand what’s being proposed.

Vice Mayor Euille spoke to his discussion with Mr. Blair relative to loading and unloading on Washington Street and the perception of people not knowing what’s going to happen there or the number of retail businesses that will be on the Washington Street side of the Saul Center. He suggested that at an appropriate time, maybe at the meeting with the citizens, that Mr. Blair could address that issue with them as well.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council moved to table with the intent to take it off of the table at the next legislative meeting. The voting was as follows:

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












39. SPECIAL USE PERMIT #2000-0038 -- 683 N WASHINGTON ST -- STARBUCKS COFFEE CO -- Public Hearing and Consideration of a request for a special use permit for a restaurant with outdoor seating; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Starbucks Coffee Company, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

M. Catharine Puskar, 3422 Old Dominion Boulevard, attorney representing the applicant, spoke in support of the application and requested that condition no. 9 be deleted, and noted that the loading and unloading provisions for the Saul Center will be applicable with the Wythe Street and Washington Street turnaround; and

Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, supported the special use permit and expressed concern about outdoor seating on Washington Street.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission with the deletion of condition no. 9 and with the understanding that the loading and unloading provisions for the Saul Center will be applicable with the Wythe Street and Washington Street turnaround. The voting was as follows:

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

40. Public Hearing and Consideration of Recommendations of the South Union Street Parking Study Group Concerning Parking Expansion Options and District 1 Parking Permit Status for Ford's Landing Residents. (#13 5/23/00)

(A copy of the City Manager's memorandum dated May 18, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/17/00, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 40; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Mark Feldheim, 1215 Prince Street, representing Old Town Civic Association, spoke in support and indicated that they preferred a moratorium on additional parking permits;


Robert Gants, 103 Pommander Walk, representing Pommander Walk Citizens Association, stated that there was no sunset or enforcement mechanism, suggested stickers to adhere to vehicles rather than hanger-type, and suggested a cutoff date of August 5, 2000, rather than June 2001. If these enforcement mechanisms have not been accomplished and if Ford's Landing has not submitted the sup to accomplish this, then Zone 1 is denied for Ford's Landing;

Robert A. Roland, 112 Madison Place, representing the Alexandria Waterfront Committee, spoke against; a copy of Mr. Roland's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

David S. Mercer, 818 Marshall Lane, attorney representing Ford's Landing Homeowners' Association, spoke in support;

David Fix, Jr., 701 Kahn Place, representing Ford's Landing Homeowners' Association, spoke in support; and

Teresa Miller, 808 South Lee Street, president, Yates Gardens Civic Association, spoke in support, pointed out that there is definitely a parking problem after 6:00 p.m., requested enforcement of stickers, suggested that the City marry together the Ford's Landing and District 1 parking sticker, and indicated that there is a general consensus that this is a mid-term solution.

Mayor Donley noted that a number of issues were raised, but he does think that there is certainly general consensus to go forward on the short-term solutions and then get more information regarding the mid-term options, particularly as it relates to the 100 block of Gibbon Street. The Waterfront Committee has already testified that they do not like the idea. He indicated that this is something on which Council will hear back from staff: the potential impact on traffic flow and the possibility of gaining ten spaces in the area.

Councilman Speck continued to question what does a Ford's Landing resident gain by being in Zone 1 that they do not have now, with the Zone 1 being 8 a.m. to 5 p.m., Monday through Friday, three-hour parking. He indicated that it means that anyone can park there from 2 p.m. on a Friday until 11:00 a.m. Monday morning. He stated that he keeps asking that and the answer really sort of speaks to some of the issues. He noted that another year of Ford's Landing residents having Zone 1 is another year of feeling like that this is something we have forever. He asked whether the Association will take the responsibility of making certain that every resident knows that this program is continuing for one year, and that at the end of that one year, the decision may be not to continue Zone 1 parking, or it may. He stated that he wants to make certain that some notice be given so everybody understands that this is not something that has been made permanent, and could, in fact, be withdrawn at the end of the year.

Attorney David Mercer spoke to Councilman Speck's concerns and noted that this time will provide an opportunity to work towards a solution.







WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council received this report, adopted the short-term recommendations and will hear further in the fall. The voting was as follows:

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

Whereupon, at 2:10 p.m., City Council recessed for lunch.

Thereupon, at 2:45 p.m., City Council reconvened the meeting.

41. DEVELOPMENT SITE PLAN #99-0054 -- 1514-1516 KING STREET -- Public Hearing and Consideration of an appeal from a decision of the Planning Commission, on May 4, 2000, denying a request for extension of a development site plan for construction of an office building; zoned OCH/Office Commercial High. Applicant and Appellant: King Street Properties Limited Partnership, by Harry P. Hart, attorney.

COMMISSION ACTION: Denied 7-0

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated May 8, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 41; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated June 15, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 41; 6/17/00, 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 and read amended conditions for the record;

Stewart Dunn, Planning Commission representative, spoke to the action taken by the Planning Commission; and

William Russo, architect, spoke to the architectural renderings and revised design.

Mr. Hart stated that the construction material is envisioned to be brick with some limestone cornices and things of that nature.

There was a dialogue between the members of City Council, Acting City Attorney Pessoa, Planning and Zoning Director Lynn, Mr. Hart and Mr. Dunn.




WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously by all those present, City Council reversed the Planning Commission recommendation and added the following conditions to the approval of the extension of Development Site Plan #99-0054 as stated in Mr. Hart's letter to the Mayor and Members of City Council, dated June 15, 2000, with condition no. 1 being amended by Planning and Zoning Director Lynn to read as: (1) The applicant will modify the design of building in accord with the attached staff design guidelines to the satisfaction of the Director of Planning and Zoning with the same amount of floor area, the same number of off-street parking spaces in the garage, the same entrance to the garage, and the same building height as shown in the submitted site plan; (2) This is the last extension of this site plan to be granted and shall run no more than one (1) year from the date of approval by City Council; and (3) Parking management shall be done in consultation with the Upper King Street Neighborhood Association. The voting was as follows:

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

43. DEVELOPMENT SPECIAL USE PERMIT #2000-0015 -- 4380 & 4390 KING ST -- PARK CENTER HOTEL -- Public Hearing and Consideration of a request for a development special use permit amendment, with site plan, to construct a hotel, with parking reduction and modifications; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Paramount Hotel Group, by J. Howard Middleton, Jr., attorney.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Middleton's letter dated June 9, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 43; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Dautenhahn's letter dated June 16, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 43; 6/17/00, 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, 3110 Fairview Park Drive, Falls Church, VA, attorney representing the applicant, spoke in support; and

Caroline Meirs, 2940 South Columbus Street, representing the King Street/Beauregard Neighborhood Alliance, spoke against this item and expressed concern about the trees being removed and the issue of traffic.





WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation with the understanding that Transportation and Environmental Services Director Baier will be working with the developer as well as the neighborhood just to insure that we have the best and smoothest traffic patterns there. The voting was as follows:

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

44. SPECIAL USE PERMIT #2000-0070 -- 801-833 S WASHINGTON ST; -- 806-828 S COLUMBUS ST; -- 726-728 JEFFERSON ST -- Public Hearing and Consideration of a request for a special use permit for a parking reduction; zoned CRMU-L/Commercial Residential Mixed Use, Low. Applicant: Washington Real Estate Investment Trust, by M. Catharine Puskar, attorney.
(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

M. Catharine Puskar, 3422 Old Dominion Boulevard, attorney representing the applicant, spoke in support of the special use permit and to her proposed changes which were submitted for the record and are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of this item.

Members of City Council directed questions to Planning and Zoning Director Lynn and Planning and Zoning Deputy Director Ross.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation, incorporating the conditions that were submitted by the applicant and noting the new deadline of December 31, 2001; which conditions, as amended, read as follows: "2. The mix of uses shall not be changed in such a way as to require additional parking on the site in excess of the permitted parking reduction without amending this Special Use Permit."; "3. All dumpsters on the block shall be grouped in one location, as shown on the plan dated June 13, 2000, and maintained within an attractive brick enclosure no more than seven feet in height. There shall be no accessory structures of any type except the dumpster enclosure permitted outside the existing buildings."; "4. Landscaping at the entrances to the parking lot along Green and S. Columbus Streets, as generally shown on the landscape plan dated June 5, 2000, and landscaping to screen the dumpster enclosure shall be installed and maintained by the applicant. The applicant shall work with the neighbors to finalize the landscape plan, subject to review and approval by the Director of Planning and Zoning."; "5. Prior to December 31, 2001, the applicant shall screen existing and future roof top equipment with a unifying structural screen, as generally shown on conceptual plan sheet A2-2, dated May 15, 2000. The unifying structural screen shall not include tenant signs."; and deleted condition no. 6. The voting was as follows:

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

Without Objection, City Council considered docket item nos. 45 and 46 together and under one motion.

45. REZONING #2000-0001 -- 3750 DUKE ST -- METZGER SITE -- Public Hearing and Consideration of a request for rezoning to change proffer. Applicant: Preston Street Holdings, LLC, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/17/00, and is incorporated herewith as part of this record by reference.)

46. DEVELOPMENT SPECIAL USE PERMIT #99-0001 -- 3750 DUKE ST -- METZGER SITE -- Public Hearing and Consideration of a request for a development special use permit, with site plan and subdivision, for construction of cluster residential townhouses, with modifications; zoned RB/Residential. Applicant: Morgan Homes, by Michael A. Johnson.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46; 6/17/00, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on these items:

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support; and

Amy Stearns, 3805 Vermont Court, representing Society Hill Homeowners' Association, spoke in support.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the items as follows:

45. City Council approved the Planning Commission recommendation.

46. City Council approved the Planning Commission recommendation.

The voting was as follows:

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



47. DEVELOPMENT SPECIAL USE PERMIT #2000-0007 -- 4109 DUKE ST -- CROWN SERVICE STATION -- Public Hearing and Consideration of a request for a development special use permit, with parking reduction, to renovate an automobile service station, construct a convenience store kiosk, replace and relocate the fueling dispensers and to permit outdoor sales/display; zoned CC/Commercial. Applicant: Crown Stations Inc., by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of Ms. Byrd's handout to City Council is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 47; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Erika Byrd, 1750 Tysons Boulevard, Suite 1800, McLean, VA, attorney representing the applicant, spoke in support and answered questions directed to her by Members of Council.

Councilman Speck questioned staff with respect to landscape requirements that if the City requires a landscaping plan shouldn't there be a requirement that they must maintain it?

Deputy Planning and Zoning Director Ross stated that there is a requirement under the site plan ordinance that all landscaping be maintained.

Councilman Speck suggested that staff might want to include routine language requiring maintenance of landscaping in the future.

Ms. Byrd, attorney for the applicant, represented that they had no objection with the suggestion.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation, and changed condition no. 16 to read: "16. The existing freestanding sign shall be replaced with a sign no taller than 8' and no larger than 75 sq. ft. prior to the issuance of an occupancy permit for the convenience store kiosk." The voting was as follows:

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







48. ENCROACHMENT #2000-0002 -- 4109 DUKE ST -- CROWN SERVICE STATION -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for structures; zoned CC/Commercial. Applicant: Crown Stations Inc., by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Erika Byrd, 1750 Tysons Boulevard, Suite 1800, McLean, VA, attorney representing the applicant, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission. The voting was as follows:

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

49. DEVELOPMENT SPECIAL USE PERMIT #99-0036 -- 3216 JEFFERSON DAVIS HY -- CROWN SERVICE STATION -- Public Hearing and Consideration of a request for a development special use permit, with parking reduction, to renovate an automobile service station, construct a convenience store kiosk, replace and relocate the fueling dispensers and to permit outdoor sales/display; zoned CSL/Commercial Service Low. Applicant: Crown Stations Inc., by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 49; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of Ms. Boyd's handout is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 49; 6/17/00, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association's memorandum dated June 16, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 49; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Erika Byrd, 1750 Tysons Boulevard, Suite 1800, McLean, VA, attorney for the applicant, spoke to conditions 10, 12, 14 and 16, and indicated that the vacation was no longer needed as requested in docket item no. 50; and

Bill Hendrickson, 212 East Spring Street, representing the Del Ray Citizens Association, expressed concerns about landscaping and opposed the vacation.

Planning and Zoning Division Chief Johnson stated that she was okay with the conditions as presented by the applicant, and supported what was submitted by the applicant with respect to condition no. 10

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Planning Commission recommendation with the revised conditions as presented by the applicant, a copy of which is on file in the office of the City Clerk. The voting was as follows:

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

50. VACATION #99-0007 -- 3216 JEFFERSON DAVIS HY -- CROWN SERVICE STATION -- Public Hearing and Consideration of a request for vacation of the public right-of-way; zoned CSL/Commercial Service Low. Applicant: Crown Stations Inc., by Carson Lee Fifer, Jr., attorney, and appointment of viewers for same.

COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 50; 6/17/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Planning Commission recommendation. The voting was as follows:

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

51. SPECIAL USE PERMIT #2000-0047 -- 108 N PATRICK ST -- OLD TOWNE COSMETICS & BODY PIERCING -- Public Hearing and Consideration of a request for a special use permit to operate a health and athletic club (tattooing) with a reduction of off-street parking; zoned CD/Commercial Downtown. Applicant: Curtis and Racine Moore, by F. John Brizzi, Jr., attorney.

COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 51; 6/17/00, and is incorporated herewith as part of this record by reference.)

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



Mark Feldheim, 1215 Prince Street, representing Old Town Civic Association, spoke against;

F. John Brizzi, Jr., 1121 South Forest Drive, Arlington, VA, attorney representing the applicant, spoke in support;

Matthew Richey, 5055 Seminary Road, #333, representing the applicant, spoke in support;

Philip C. Brooks, 3908 Colonel Ellis Avenue, and owner of 111-113 North Patrick Street, spoke against;

Tom Call, 116 North Patrick Street, spoke against; and

Mary Alyce Delaplane, 124 North Patrick Street, spoke against.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission. The voting was as follows:

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

52. SPECIAL USE PERMIT #2000-0053 -- 2400-B MT VERNON AV -- TAQUERIA POBLANO -- Public Hearing and Consideration of a request for a special use permit amendment for later hours of operation and to serve mixed beverages for a restaurant; zoned CL/Commercial Low. Applicant: Taqueria Poblano Inc., by Robert J. Test, attorney.

COMMISSION ACTION: Recommend denial 4-1-2

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 52; 6/17/00, and is incorporated herewith as part of this record by reference.)

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

Robert Test, 401 Wythe Street, attorney representing the applicant, spoke in support with an amendment to condition no. 4 changing the hours in the last sentence from 9:00 p.m. to 10:00 p.m. for clearing the area of patrons and 10:00 p.m. to 11:00 p.m. for cleaning and washing the area; and

Bill Hendrickson, 212 East Spring Street, representing Del Ray Citizens Association, spoke in support.








WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council overturned the Planning Commission and approved the special use permit subject to compliance with all applicable codes, ordinances and staff conditions with an amendment to condition no. 4 changing the hours in the last sentence from 9:00 p.m. to 10:00 p.m. for clearing the area of patrons and 10:00 p.m. to 11:00 p.m. for cleaning and washing the area. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

53. Public Hearing, Second Reading and Final Passage of AN ORDINANCE Authorizing and Empowering the Issuance, Sale and Delivery of General Obligation Bonds to Finance Various Public Improvements. (#15 5/23/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 18, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 53; 6/17/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

















The ordinance finally passed reads as follows:
ORDINANCE NO: 4139

AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS FOR VARIOUS PUBLIC IMPROVEMENTS IN THE ESTIMATED MAXIMUM AMOUNT OF $15,000,000; AND PROVIDING FOR REIMBURSEMENT TO THE CITY OF ALEXANDRIA FROM BOND PROCEEDS.

WHEREAS, the City Council of the City of Alexandria, Virginia ("City") has determined that it is advisable to issue up to $15,000,000 general obligation bonds of the City to finance the cost, in whole or in part, of various capital improvements as described below;


WHEREAS, the City Council, by Ordinance No. 4034, has previously authorized the issuance and sale of general obligation bonds of the City in the maximum amount of $60,000,000;


WHEREAS, with the adoption of this ordinance, the total amount of authorized but unissued bonds will be $75,000,000. The City contemplates an issuance of $55,000,000 in June, leaving a balance of $20,000,000 unissued bonds; now, therefore.


THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. Authorization of Bonds and Use of Proceeds. The City Council hereby determines that it is advisable to contract a debt and to issue and sell general obligation bonds in the aggregate maximum principal amount of $15,000,000, (the “Bonds) . The issuance and sale of the Bonds are hereby authorized. The proceeds from the issuance and sale of the Bonds shall be used to pay all or a portion of the costs of the Projects as described below and the Director of Finance is authorized and directed to determine the portion of the cost of each Project to be financed with Bond proceeds.
General Project DescriptionEstimated Maximum Cost
Schools$1,000,000
Remodeling and repairing of existing school buildings and acquisition of necessary equipment (this project includes projects contained in the capital budget under "Schools").
City Parks and Buildings $6,000,000
Renovation and improvement of existing City buildings and park facilities and acquisition of necessary equipment (this project includes projects contained in the capital budget under "Recreation and Parks" and "Public Buildings").
Infrastructure $6,000,000
Construction and renovation of the City's streets, bridges, storm and sanitary sewers and acquisition of the necessary equipment (this project includes projects contained in the capital budget under "Streets and Bridges", “Storm Sewers”, and " Sanitary Sewers".
Technology $2,000,000
Replacement of information technology infrastructure and development of information technology infrastructure improvements and acquisition of necessary equipment (this project includes projects contained in the capital budget under "Information Technology Plan").
Total: $15,000,000
Section2. Pledge of Full Faith and Credit. The full faith and credit of the City are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable. The City Council shall levy an annual ad valorem tax upon all property in the City, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof.

Section 3. Details and Sale of Bonds. The Bonds shall be issued upon the terms established pursuant to this Ordinance and upon such other terms as may be determined in the manner set forth in this Ordinance. The Bonds shall be issued in one or more series, in fully registered form, shall be dated such date or dates as the City Manager and the Director of Finance, or either of them, may approve, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The Bonds shall mature on such dates and in such amounts and shall be issued in such principal amount as the City Manager and the Director of Finance, or either of them, may approve, provided that the final maturity of the Bonds is not more than approximately 20 years from their date and the aggregate principal amount of the Bonds is not more than the maximum amount set forth in Section 1 above. The City Manager and the Director of Finance, or either of them, is authorized and directed to accept the bid for the purchase of the Bonds which results in the lowest true interest cost to the City and the Bonds shall bear interest, payable semi-annually, at such rate or rates and shall be sold to the successful bidder at such price as may be set forth in the bid so accepted; provided that the true interest cost of the Bonds shall not exceed 8% per annum. The City Manager and the Director of Finance, or either of them, is authorized and directed to approve such optional redemption provisions for the Bonds as such officer or officers determine to be in the best interest of the City. The City Council may provide for additional or other terms of the Bonds by subsequent resolution.

Section 4. Form of Bonds. The Bonds shall be in substantially the form attached to this Ordinance as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Ordinance. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto.

Section 5. Book-Entry-Only-Form. The Bonds shall be issued in book-entry-only form. The Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (DTC”) as registered owner of the Bonds, and immobilized in the custody of DTC. One fully-registered Bond in typewritten or printed form for the principal amount of each maturity of the Bonds shall be registered to Cede & Co. Beneficial owners of the Bonds shall not receive physical delivery of the Bonds. Principal, premium, if any, and interest payments on the Bonds shall be made to DTC or its nominee as registered owner of the Bonds on the applicable payment date.

Transfer of ownership interest in the Bonds shall be made by DTC and its participants (the “Participants”), acting as nominees of the beneficial owners of the Bonds in accordance with rules specified by DTC and its Participants. The City shall notify DTC of any notice required to be given pursuant to this Ordinance or the Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The City shall also comply with the agreements set forth in the City’s Letter of Representations to DTC.







Replacement Bonds (the “Replacement Bonds”) shall be issued directly to beneficial owners of the Bonds rather than to DTC or its nominee but only in the event that:
Section 6. Appointment of Bond Registrar and Paying Agent. The City Manager and the Director of Finance, or either of them, are authorized and directed to appoint a Bond Registrar and Paying Agent for the Bonds.

The City Council may appoint a subsequent registrar and/or one or more paying agents for the Bonds by subsequent resolution and upon giving written notice to the owners of the Bonds specifying the name and location of the principal office of any such registrar or paying agent.

Section 7. Execution of Bonds. The Mayor and the Clerk of the City are authorized and directed to execute appropriate negotiable Bonds and to affix the seal of the City thereto and to deliver the Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Mayor and the Clerk are both by facsimile, the Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar.

Section 8. CUSIP Numbers. The Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the City, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the City and any officer or agent of the City, by reason of any inaccuracy, error or omission with respect to such numbers.



Section 9. Registration, Transfer and Exchange. Upon surrender for transfer or exchange of any Bond at the principal office of the Bond Registrar, the City shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Bond surrendered, subject in each case to such reasonable regulations as the City and the Bond Registrar may prescribe. All Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the City and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Bond may be registered to bearer.

New Bonds delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Bonds surrendered, shall be secured by this Ordinance and entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered.

Section 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Bonds, but the City may require payment by the registered owner of any Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Bond.

Section 11. Typewritten or Printed Bonds. The City may initially issue any or all of the Bonds in typewritten or printed form, as determined by the Director of Finance and the City Manager, or either of them. If any of the Bonds are to be issued in printed form, the City may initially issue such Bonds in temporary, typewritten form and shall promptly prepare, execute and deliver to the registered owners Bonds in printed form of the same maturity and interest rate and for the same aggregate principal amount as the typewritten Bonds. Appropriate variations, omissions and insertions may be made in the Bonds to facilitate printing. The Bonds will also be eligible for deposit with The Depository Trust Company.

Section 12. Non-Arbitrage Certificate and Tax Covenants. The City Manager and the Director of Finance, or either of them, and such officers and agents of the City as either of them may designate are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The City Council covenants on behalf of the City that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the City's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the City shall comply with the other covenants and representations contained therein.

Section 13. Disclosure Documents. The City Manager and the Director of Finance, or either of them, and such officers and agents of the City as either of them may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate notice of sale, preliminary official statement, official statement, continuing disclosure agreement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The notice of sale, preliminary official statement, official statement, continuing disclosure agreement or other documents shall be published in such publications and distributed in such manner and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12.

Section 14. Further Actions; Public Hearing. The City Manager and the Director of Finance and such officers and agents of the City as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are ratified and confirmed.

The Clerk of the City is authorized and directed to advertise a public hearing to be held by the City Council in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended before the issuance of the Bonds.

Section 15. Reimbursement. The City Council adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The City Council reasonably expects to reimburse advances made or to be made by the City to pay the costs of the Projects from the proceeds of its debt. The maximum amount of debt expected to be issued for the Projects is set forth in Section 1 above. The City hereby authorizes the Director of Finance, on behalf of the City, to specifically declare the City's official intent to reimburse portions of the cost of the Projects with Bond proceeds.

Section 16. Effective Date; Applicable Law. In accordance with Section 15.2-2601 of the Code of Virginia of 1950, as amended, the City Council elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991. This Ordinance shall take effect at the time of its enactment.

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000












Exhibit A
FORM OF BOND
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
No. R- CITY OF ALEXANDRIA
GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND,
SERIES ____
MATURITY DATE INTEREST RATE CUSIP
REGISTERED OWNER:
PRINCIPAL AMOUNT:
CITY OF ALEXANDRIA, VIRGINIA (the "City"), for value received, acknowledges itself indebted and promises to pay to the registered owner of this Bond or legal representative, the principal amount stated above on the maturity date set forth above and to pay interest on the principal amount of this Bond at the rate specified above per annum, payable semiannually on __________ 1 and __________ 1, beginning on __________ 1, ____. This Bond shall bear interest (a) from ______ __, ____, if this Bond is authenticated before __________ 1, ____ or (b) otherwise from the __________ 1 or __________ 1 that is, or immediately precedes, the date on which this Bond is authenticated; provided that, if at the time of authentication of this Bond, interest on this Bond is in default, this Bond shall bear interest from the date to which interest has been paid. Both principal of and interest on this Bond are payable in lawful money of the United States of America. The principal of this Bond is payable upon presentation and surrender hereof at the office of ____________, as Bond Registrar and Paying Agent ("Bond Registrar"). Interest on this Bond is payable by check or draft mailed to the registered owner hereof at its address as it appears on the registration books maintained by the Bond Registrar without presentation of this Bond (or by wire if requested by any owner of at least $1,000,000 in principal amount of the Bonds). All interest payments shall be made to the registered owner as it appears on the registration books kept by the Bond Registrar on the fifteenth day of the month preceding each interest payment date.

This Bond has been duly authorized by the City Council and is issued for the purpose of providing funds to pay the costs of various capital improvements for the City. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and premium, if any, and interest on this Bond in accordance with its terms.

This Bond is one of a series of $__________ General Obligation Capital Improvement Bonds, Series ____ of the City, (the "Bonds") of like date and tenor, except as to number, denomination, rate of interest and maturity, issued under the authority of and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Code of Virginia of 1950, as amended and an ordinance adopted by the City Council on _____________, 2000 (the "Ordinance").









Bonds maturing on or before _______ __, ____ are not subject to redemption before maturity. Bonds at the time outstanding which are stated to mature on or after ________ __, ____ may be redeemed before their maturities on or after ______ __, ____, at the option of the City in whole or in part (in installments of $5,000) at any time or from time to time during the following redemption periods upon payment of the following redemption prices (expressed as a percentage of the principal amount to be redeemed) together with the interest accrued thereon to the date fixed for redemption: _______ __, ____ through _______ __, ____ ___%
_______ __, ____ through _______ __, ____ ___%
_______ __, ____ and thereafter ___%

If less than all of the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected by the Director of Finance of the City in such officer's discretion. If less than all of the Bonds of any maturity are called for redemption, the Bonds or portions thereof to be redeemed within a maturity shall be selected by lot by the Bond Registrar, each portion of $5,000 principal amount being counted as one Bond for such purpose.

If any of the Bonds or portions thereof are called for redemption, the Bond Registrar shall send notice of the call for redemption identifying the Bonds by serial or CUSIP numbers, and in the case of partial redemption, identifying the principal amount to be redeemed, and identifying the redemption date and price and the place where Bonds are to be surrendered for payment, by first class mail not less than 30 nor more than 60 days before the redemption date to the registered owner of each Bond to be redeemed at such owner's address as it appears on the registration books maintained by the Bond Registrar, but failure to mail such notice shall not affect the validity of the proceedings for redemption. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Ordinance and shall not be deemed to be outstanding. If a portion of this Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to the registered owner upon the surrender of this Bond.

The Bonds are issuable as fully registered bonds in denominations of $5,000 and integral multiples thereof. Any Bond may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations at the principal office of the Bond Registrar.

This Bond may be transferred only by an assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in a form satisfactory to the Bond Registrar. Such transfer shall be made in the registration books kept by the Bond Registrar upon presentation and surrender hereof and the City shall execute, and the Bond Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner hereof or such owner's attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Bond Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto.

The City may designate a successor Bond Registrar and/or Paying Agent, provided that written notice specifying the name and location of the principal office of any such successor shall be given to the registered owner of the Bonds. Upon registration of transfer of this Bond, the Bond Registrar shall furnish written notice to the transferee of the name and location of the principal office of the Bond Registrar and/or the Paying Agent.

The Bond Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the 15th day of the month preceding each interest payment date.

This Bond shall not be valid or obligatory for any purpose unless and until authenticated at the foot hereof by the Bond Registrar.

It is hereby certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this Bond have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by this Bond is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia.

IN WITNESS WHEREOF, the City Council of the City of Alexandria, Virginia, has caused this Bond to be signed by the facsimile signature of its Mayor, a facsimile of its seal to be affixed and attested by the facsimile signature of its Clerk and this Bond to be dated _______ __, ____.

[SEAL]
ATTEST:

___________________________
Clerk, City Council,
City of Alexandria, Virginia

ASSIGNMENT


FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE: _______________________
the within Bond and does hereby irrevocably constitute and appoint
_________________________________________________, attorney, to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises.

Dated __________________ ______________________________
Registered Owner
Signature Guaranteed: (NOTICE: The signature above
must correspond with the name
__________________________ of the Registered Owner as it
(NOTICE: Signature(s) must be appears on the books kept for
guaranteed.) registration of this Bond
in every particular, without
alteration or change.)

* * * * *

54. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to increase the fine for a third or subsequent violation of the building code involving the same property. (#18 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 54; 6/17/00, 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 Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4140

AN ORDINANCE to amend and reordain Section 8-1-6 (VIOLATIONS AND PENALTIES) of Article A (GENERAL PROVISIONS), Chapter 1 (BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1: That section 8-1-6 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. 8-1-6 Violations and penalties.

(a) Criminal violations. A violation of any section of, or provision in, Chapters 2 through 33 of the USBC, incorporated into this chapter by section 8-1-2; or a violation of any section of or provision in, chapter 34 of the USBC, also incorporated into this chapter by section 8-1-2, that regulates or relates to the authority to vacate buildings, fire sprinkler systems, single and multiple station smoke detectors, automatic sprinkler systems, fire protective signaling systems, fire detection systems, or electrical systems, shall be considered a violation of this chapter, and shall be a misdemeanor. Any person found guilty of such misdemeanor shall, upon conviction, be punished by a fine of not more than $2,500; provided, that a person convicted of a second violation committed within five years following a conviction for a violation of this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500, that a person convicted of a second violation committed more than five years but less than 10 years following a conviction for a violation of this chapter shall be punished by a fine of not less than $500 no more than $2,500, and that a person convicted of a third or additional violation committed within 10 years following a conviction for a violation of this chapter involving the same property shall be punished by a fine of not less than $2,500 nor more than $5,000; provided further that the provisions in the foregoing proviso requiring a minimum fine shall apply only to convictions for violations which cause a building or structure to be unsafe or unfit for human habitation. No portion of a fine imposed on a person convicted of a third or subsequent violation committed within 10 years of a violation under this chapter shall be suspended.

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

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

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

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

55. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to require red light cameras to take at least one picture of a vehicle before it enters the intersection, and at least one picture of the vehicle after it has entered the intersection. (#19 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 55; 6/17/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-to-1, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:









ORDINANCE NO. 4141

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

Section 1. That Section 10-3-833.01 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. 10-3-833.01 Photo-monitoring of traffic light signals.

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

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

(1) "System" means a traffic light signal violation-monitoring system that operates by means of a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time that the operator of the vehicle fails to stop or remain stopped at a steady red traffic light signal in violation of this section. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered the intersection.

(2) "Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles.

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

(d) Proof of violation; presumption.

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






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

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

(f) A summons for a violation of this section may be executed pursuant to section 19.2-76.2 of the Code of Virginia (1950), as amended. Notwithstanding the provisions of section 19.2-76 of the Virginia Code, a summons for a violation of this section may be executed by mailing by first-class mail a copy of the summons to the address of the owner, lessee or renter of the vehicle as shown, in the case of vehicle owners, in the records of the Department of Motor Vehicles or, in the case of vehicle lessees or renters, in the records of the vehicle lessor or renter.

Every such mailing shall include, in addition to the summons, a notice of:

(ii) instructions for filing such an affidavit, including the address to which the affidavit is to be sent.

If the summoned person fails to appear on the date of return set out in the mailed summons, the summons shall be executed in the manner set out in section 19.2-76.3 of the Virginia Code. No proceedings for the contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons.





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

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

56. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to reconfigure the Alexandria Commission on Employment in accord with new federal legislation. (#20. 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 25, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 56; 6/17/00, 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 Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4142

AN ORDINANCE to amend and reordain Section 2-4-41 (CREATION, COMPOSITION AND ORGANIZATION) and Section 2-4-42 (FUNCTIONS; POWERS; DUTIES) of Article D (ALEXANDRIA COMMISSION ON EMPLOYMENT), Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT), of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-4-41 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. 2-4-41 Creation, composition and organization.

(a) There is hereby established a commission to be known as the "Alexandria Commission on Employment" (the "commission").

(b) The commission shall consist of 13 commissioners appointed by the city council to provide representation for the following groups:

(1) seven business representatives from among recognized area businesses, including minority-owned and small businesses;

(2) three representatives from such organizations as educational agencies, organized labor, rehabilitation agencies, community-based organizations, economic development agencies and the public employment service; and

(3) three citizens-at-large.

(c) No later than February 1, 1988, the persons who, on January 23, 1988, served on the previously constituted Alexandria Commission on Employment ("ACE") shall be invited by the city clerk to serve on the commission. The clerk shall record the responses to this invitation and shall submit a listing to the city council. All persons accepting the invitation shall serve on the commission until the expiration of their unexpired term on the ACE on January 23, 1989, whichever is earlier. If, at any time, such persons number fewer than 13 or do not provide the representation required by subsection (b), additional appointments to the commission shall be made in the manner prescribed in article A of this chapter.

(d) Except as provided above in subsection (c), all appointments to the commission shall be made in the manner prescribed in article A of this chapter.

Section 2. That Section 2-4-42 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. 2-4-42 Functions; powers; duties.

(a) The functions of the commission shall be the following:

(1) to develop a citywide plan for employment services that reflects the goals of linking existing city employment and training programs operated by the city school system and with the economic development program operated by the Alexandria Chamber of Commerce in cooperation with city council;

(2) to obtain citizen input into the planning, oversight and evaluation of all projects carried out by the office of employment training;

(3) to develop and coordinate relationships among employment and training programs, educational institutions and the private sector;

(4) to promote and evaluate private sector activities that may be funded by the city or provided through grant funds from federal or state sources;



(5) to provide information to city council on local labor market trends for consideration in the development of employment and training programs for the city;

(6) to review and provide comments to city council on the impact of the city’s economic development program on the local labor market; and

(7) to assist city council and the staff of the department of human services and the office of employment training in determining how better to meet the needs of private businesses in placing city residents who are unemployed or economically disadvantaged into unsubsidized employment.

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

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

57. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to delegate to the city manager the authority to establish and alter speed limits on city streets. (#21 6/13/00) [ROLL-CALL VOTE]

(A copy of the Acting City Attorney's memorandum dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 57; 6/17/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:


ORDINANCE NO. 4143

AN ORDINANCE to amend and reordain Article B (MISCELLANEOUS REGULATIONS) of Chapter 2 (TRAFFIC REGULATION), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Section 10-2-30 (AUTHORITY TO CHANGE SPEED LIMITS).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article B, Chapter 2, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Section 10-2-30 to read as follows:

Sec. 10-3-30 Authority to change speed limits.

(a) The city manager is authorized to increase or decrease the speed limits on city streets set forth in §§ 46.2-873 through 46.2-875 of the Code of Virginia, 1950, as amended, and incorporated by §§ 10-3-873 through 10-3-875 of this code, and to establish differential speeds for daytime and nighttime driving on such streets, provided that any such increase or decrease in speed limit, or differential speed limit, shall be based upon an engineering and traffic investigation by the director of transportation and environmental services.

(b) The director of transportation and environmental services is authorized to decrease, for a temporary period not to exceed 60 days, without such engineering and traffic investigation, the speed limit on any city street on which work is being done or which is under construction or repair.

(c) Any increase or decrease in speed limits established under this section shall be indicated by signs as provided in section 10-2-26 of this code.

(d) Whenever the speed limit on any city street has been increased or decreased, or a differential speed limit established, and such speed limit is posted as required, there shall be a rebuttable presumption that the change in speed was properly established in accordance with the provisions of this section.

Section 2. That all increases or decreases in the speed limits on city streets above or below the speed limits set forth in §§ 46.2-873 through 46.2-875 of the Code of Virginia, 1950, as amended, and incorporated by §§ 10-3-873 through 10-3-875 of the Code of the City of Alexandria, Virginia, 1981, as amended, which increases or decreases have heretofore been established, be, and the same hereby are, ratified and confirmed; provided, that same shall be indicated by signs as provided in § 10-2-26 of the Code of the City of Alexandria, Virginia, 1981, as amended.










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

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

58. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to correct references to the provisions of the state code governing the sale of real estate to collect delinquent taxes. (#22 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 58; 6/17/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4144

AN ORDINANCE to amend and reordain Section 3-2-184 (SALE OF REAL ESTATE FOR DELINQUENT TAXES) of Division 1 (REAL ESTATE), 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 section 3-2-184 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-184 Sale of real estate for delinquent taxes.

Real estate may be sold for the purpose of collecting all delinquent taxes on such property in accordance with the provisions of article 4, chapter 39, title 58.1 of the Code of Virginia (1950), as amended.

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

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

59. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to provide for the acceptance of debit cards for the payment of certain taxes and penalties, and to eliminate the payment of interest on tax refunds of $10 or less. (#24 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 59; 6/17/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:









ORDINANCE NO. 4145

AN ORDINANCE to amend and reordain Section 3-2-8 (MANNER OF PAYMENT OF LOCAL TAXES AND CERTAIN PENALTIES) and subsection (c) of Section 3-2-9 (REFUND OF LOCAL TAXES), of Article A (GENERAL PROVISIONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That section 3-2-8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-8 Manner of payment of local taxes and certain penalties.

In addition to other methods of payment allowed by law, the director of finance is authorized to accept payment of local taxes and of penalties related to uncontested parking citations by use of a credit or debit card. The director may designate within regulations issued pursuant to section 3-2-3 of this code which credit and debit cards may be used for that purpose. Should the credit or debit card company not pay the city, the payment shall be due as if never tendered.

Section 2. That subsection (c) of section 3-2-9 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-9 Refund of local taxes.

(c) Beginning on July 1, 1999, interest shall be paid on any refund of taxes which is the result of an erroneous assessment. Interest payable on such a refund shall begin to accrue on the later of the date on which the tax payment giving rise to the refund was due, or the date on which payment was made, and shall continue to accrue until the date the refund is paid. Interest shall be calculated separately for each day during the period interest accrues on the refund, and the daily rate shall equal the rate that would be used on that same day to calculate the interest to be paid on delinquent taxes of the same type which began to accrue interest on the first day following the day such taxes were due. Interest shall not be paid on any refund that is $10 or less in amount, or not the result of an erroneous assessment. A refund is the result of an erroneous assessment if the refund is pursuant to (i) an application for correction of an erroneous assessment under this section, (ii) an application for correction of an erroneous assessment under section 58.1-3980 of the Code of Virginia (1950), as amended, (iii) an application for correction of an assessment under section 58.1-3703.1 or 58.1-3983.1 of the Code of Virginia (1950), as amended, or (iv) an application to a court for correction of an erroneous assessment under section 58.1-3984 of the Code of Virginia (1950), as amended. Refunds which are not the result of an erroneous assessment shall include, but not be limited to, (i) any statutory relief provided in accordance with section 58.1-3516 of the Code of Virginia (1950), as amended, and (ii) any refund of duplicate payments that are not the result of duplicate assessments for the same tax.




Section 3. That this ordinance shall become effective on July 1, 2000.

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

60. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the city government for fiscal year 2000. (#26 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 60; 6/17/00, 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 Councilwoman Pepper, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4146

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, 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 2000, which began on the first day of July 1999 and ends on the thirtieth day of June 2000.
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 2000, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1999, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2000, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

18th Circuit Court $ 62,743
Commonwealth’s Attorney 1,500
Sheriff 168,849
Clerk of the Circuit Court 7,128
Transportation and Environmental Services 453,034
Fire 15,070
Police 216,984
Housing 528,084
Mental Health/Mental Retardation and Substance Abuse 358,717
Human Services 2,336,938
Schools 690,163
Recreation 82,361

Total Estimated Revenue $4,921,571

APPROPRIATION:

18th Circuit Court $ 62,743
Commonwealth’s Attorney 1,500
Sheriff 168,849
Clerk of the Circuit Court 7,128
Transportation and Environmental Services 453,034
Fire 15,070
Police 216,984
Housing 528,084
Mental Health/Mental Retardation and
Substance Abuse 358,717
Human Services 2,336,938
Schools 690,163
Recreation 82,361

Total Estimated Revenue $4,921,571

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 2000, the source of such amounts being donations to the city which have been accepted and adjusted after July 1, 1999, but not appropriated, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2000, as follows:



SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Court Services $27,000
Historic Alexandria 12,000
Recreation 15,000

Total Estimated Revenue $ 54,000

APPROPRIATION:

Court Services $ 27,000
Historic Alexandria 12,000
Recreation 15,000

Total Appropriation $ 54,000

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 2000, the source of such amount being Equipment Replacement Retained Earnings and interfund transfer from the Special Revenue Fund, and further, that the council does hereby allot the amount so appropriated to the various city departments for fiscal year 2000, as follows:

EQUIPMENT REPLACEMENT FUND:

APPROPRIATION:

Mental Health/Mental Retardation and
Substance Abuse $ 72,054
Police 240,00
Transportation and Environmental Services 970,000
Recreation 275,000

Total Appropriation $1,557,054

ESTIMATED REVENUE:

Transfer In from Special Revenue Fund $ 72,054

Retained Earnings-Equipment
Replacement Fund 1,485,000

Total Estimated Revenue $ 1,557,054

Section 4. 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 2000, the source of such amount being intergovernmental revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 2000, as follows:

COMPONENT UNIT

ESTIMATED REVENUE:

Intergovernmental Revenue $ 20,000

Total Estimated Revenue $ 20,000

APPROPRIATION:

Component Unit DASH $ 20,000

Total Appropriation $ 20,000

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 2000, the source of such amount being Component Unit - School Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

COMPONENT UNIT

APPROPRIATION:

Component Unit Schools $1,152,159

Total Appropriation $1,152,159

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 is required to defray certain expenditures and liabilities of the city for fiscal year 2000, the source of such amount being Designated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Designated General Fund Balance $ 761,822

Total Estimated Revenue $ 761,822

APPROPRIATION:

Non-Departmental (compensated absences) $ 761,822

Total Appropriation $ 761,822






Section 7. That the Council of the City of Alexandria, Virginia, does hereby authorize the transfer from the Component Unit - Schools General Fund (Designated Schools General Fund Balance) to the Capital Projects Fund (Reserved Capital Project Fund Balance), and does make provision for and appropriate to the latter fund, the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2000, and further, that the council does hereby allot the amount so appropriated to the capital projects identified in the Alexandria City Public Schools’ fiscal year 2000 capital budget approved by the school board on February 18, 1999.

COMPONENT UNIT

FINANCING USE:

Transfer Out to Capital Project Fund $ 494,235

Total Financing Use $ 494,235

CAPITAL PROJECT FUND:

Other Financing Source:

Other Financing Source - School Board $ 494,235

Total Other Financing Source $ 494,235

APPROPRIATION:

Capital Projects $ 494,235

Total Appropriation $ 494,235

Section 8. 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 2000, the source of such amount being intergovernmental revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 2000, as follows:

COMPONENT UNIT

ESTIMATED REVENUE:

Intergovernmental Revenues $ 844,882

Total Estimated Revenues $ 844,882

APPROPRIATION:

Component Unit - Schools $ 844,882

Total Appropriation $ 844,882


COMPONENT UNIT

FINANCING USE:

Transfer Out to Capital Project Fund $ 844,882

Total Financing Use $ 844,882

CAPITAL PROJECT FUND

ESTIMATED REVENUE:

Component Unit - School Board $ 844,882

Total Estimated Revenue $ 844,882

Section 9. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

61. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the city government for fiscal year 2001. (#27 6/13/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 2, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 61; 6/17/00, 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 Councilwoman Pepper, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Euille "aye"
Speck "aye" Cleveland "aye"
Donley "aye" Rich absent
Walker "aye"
ORDINANCE NO. 4147

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $426,579,958 be, and the same hereby is, appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $426,579,958 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001 be, and the same hereby is, further appropriated to the following city departments, major operating units, component units and major categories of expenditures in the amounts set forth below:

Department/Unit/Component Unit/
Category of Expenditure Appropriation

18th Circuit Court $ 1,064,228
18th General District Court 111,447
18th Juvenile Court 30,780
Citizens Assistance 572,517
City Attorney 1,264,621
City Clerk and Clerk of Council 308,429
City Council 435,004
City Manager 1,437,115
Clerk of Court 1,279,576
Commonwealth's Attorney 2,115,267
Contingent Reserves 462,700
Court Services Unit 754,468
Finance 6,453,228
Fire 23,452,277
General Debt Service 11,883,435
General Services 8,553,672
Health 6,132,670
Human Rights 346,271
Human Services 38,030,920
Human Services Contributions 850,000
Information Technology Services 5,419,843
Internal Audit 179,659
Law Library 113,421
Mental Health/Mental Retardation & Substance Abuse 20,401,282
Non-Departmental 6,564,545
Office of Historic Alexandria 2,092,186
Office of Housing 2,570,689
Office of Management and Budget 885,347
Office on Women 1,246,583
Other Correctional Activities 3,231,784
Other Educational Activities 13,017
Other Planning Activities 1,771,034
Personnel 1,834,361
Planning & Zoning 2,118,283
Police 32,789,853
Real Estate Assessments 910,639
Recreation, Parks & Cultural Activities 13,131,058
Registrar of Voters 612,934
Sheriff 16,265,175
Transit Subsidies 8,744,204
Transportation and Environmental Services 20,184,420
Capital Projects 39,109,605
Component Unit-Library 4,791,937
Component Unit-Schools 131,776,754
Internal Service 4,282,720

TOTAL APPROPRIATIONS $426,579,958

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $426,579,958 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001 be, and the same hereby is, further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $148,156,361
Non-Personnel Services 91,838,637
Capital Outlay 610,949
Component Unit-Library 4,791,937
Component Unit-Schools 131,776,754
Component Unit-Alexandria Transit Company 5,228,210
Pilot Recycling Program 784,785
Equipment Replacement 4,282,720
Capital Projects 39,109,605

TOTAL APPROPRIATIONS $426,579,958

Section 4. That the sum of $426,579,958 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $184,095,000
Other Local Taxes 73,789,000
Permits, Fees and Licenses 3,760,000
Fines and Forfeitures 4,264,000
Intergovernmental Revenue 94,212,732
Charges for Services 18,852,216
Revenue from Use of Money and Property 7,223,575
Miscellaneous Revenue 1,723,960

Unreserved Fund Balance - General Fund:
Subsequent Year's Budget 2,921,512
Capital Projects Fund Balance 29,263,605
Schools’ Fund Balance 2,191,638
Retained Earnings - Internal Service Fund 4,282,720

TOTAL ESTIMATED REVENUE $426,579,958

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $39,109,605 be, and the same hereby is, appropriated for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001. This sum, which consists of the $39,109,605 appropriated as Capital Projects in section 2 of this ordinance, is appropriated as follows: (i) $26,584,605 to the following capital projects which are included in the city's fiscal year 2001-2006 capital improvement program adopted by city council on April 27, 2000: city capital improvement project nos. 002 (Branch Libraries), 003 (Downtown Transportation/Parking, Municipal Waterfront Improvement Program, Mt. Vernon Avenue Improvements, Route 1 Beautification, South Waterfront, Streams and Waterfront Dredging), 004 (Bike Trails, Cameron Station, Chinquapin Park and Recreation Center, Park Improvements, Land Acquisition, Fort Ward Park, Northern Virginia Regional Park, Landscaping of Public Sites, Recreation Facilities Improvements, Four Mile Run Park), 005 (Acquisition and Preservation of Historic Buildings, Market Square Renovations, Renovation and Maintenance of Existing City Facilities, Energy Conservation Program, Animal Shelter, City Visitor Center), 006 (Peumansend Creek Regional Jail), 008 (Driver Training Track), 009 (Rapid Rail Transit, Bus and Rail Capital, Alexandria Transit Corporation (ATC) Buses and Shelters, Traffic Control Facilities), 011 (Potomac Yard Road and Bridge Improvements, Undergrounding of Utilities and Street Lighting, Flood Control Tunnels, Bridge Repairs and Maintenance, King Street Metro Station Area Improvements, King and Beauregard Intersection Improvements, Mill Road Realignment, Sidewalk, Curb, and Gutter Program, Street and Pedestrian Improvements), 012 (Storm Sewer Reconstructions and Extensions), 013 (Sanitary Sewer Reconstructions and Extensions, Sewer Separation and Pollution Abatement), 015 (Information Technology Connectivity Projects, Information Technology Systems Development), and 016 (Northern Virginia Community College); and (ii) $12,525,000 to the capital projects identified in the Alexandria City Public Schools' capital budget approved by the school board on February 3, 2000.

Section 6. That the sum of $39,109,605 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Transfer In from General Fund $ 9,846,000
Reserved Fund Balance - Capital Projects Fund 29,263,605

TOTAL ESTIMATED REVENUE $39,109,605






Section 7. That the sum of $136,633,379 be, and the same hereby is, authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $20,030,373 Special Revenue Fund- $ 20,030,373
General

General Fund 9,846,000 Capital Projects Fund 9,846,000

General Fund 98,780,870 Component Unit-Schools 98,780,870

General Fund 3,548,210 Component Unit-Alexandria 3,548,210
Transit Company

General Fund 4,430,926 Component Unit-Library 4,430,926

TOTALS $136,636,379 $136,636,379

Section 8. That the sum of $426,579,958 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2000 and ending on the thirtieth day of June 2001 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit, component unit and major category of expenditure, to the funds maintained by the city as shown in Table I on the following page of this ordinance.




Section 9. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: June 13, 2000
First Reading: June 13, 2000
Publication: June 15, 2000
Public Hearing: June 17, 2000
Second Reading: June 17, 2000
Final Passage: June 17, 2000
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (62-69)

Planning Commission (continued)

62. SPECIAL USE PERMIT #2000-0041 -- 4948-B EISENHOWER AV, #13 -- BUILD AMERICA SIX WAREHOUSES -- SP AUTO SERVICE CENTER -- Public Hearing and Consideration of a request for a special use permit to change the ownership of an automobile repair garage; zoned OCM-100/Office Commercial Medium. Applicant: Khamsene Sandara.
63. SPECIAL USE PERMIT #2000-0075 -- 315 MADISON ST -- MONTGOMERY CENTER -- FLATBREADS -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Kathleen Caples.

COMMISSION ACTION: Noted deferral 7-0

64. SPECIAL USE PERMIT #2000-0077 -- 3408 MT VERNON AV -- Public Hearing and Consideration of a request for a special use permit for a parking reduction for the shopping center; zoned CG/Commercial General. Applicant: Winfield Group, by Philip W. Young, Jr. 65. SPECIAL USE PERMIT #2000-0023 -- 120 N ROYAL ST -- Public Hearing and Consideration of a request for a special use permit to operate a health and athletic club with a reduction of off-street parking; zoned CD/Commercial Downtown. Applicant: TSI Old Towne, LLC, trading as Washington Sports Clubs, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Deferred 7-0




66. MASTER PLAN AMENDMENT #2000-0002 -- REZONING #2000-0002 -- 205, 223 S HENRY ST -- THE EMERSON -- Public Hearing and Consideration of a request for amendment to the Old Town Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and request for rezoning of the subject property from CL/Commercial Low to CD/Commercial Downtown with proffers. Applicant: Henry Street Venture, LLC, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred 7-0

67. DEVELOPMENT SPECIAL USE PERMIT #2000-0016 -- 205, 223 S HENRY ST -- THE EMERSON -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of a multi-family (condominium) building, with modifications; zoned CL/Commercial Low, with CD/Commercial Downtown proposed with proffers. Applicant: Henry Street Venture, LLC, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred 7-0

68. SPECIAL USE PERMIT #2000-0068 -- 3901 MT VERNON AV -- LILLIAN'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit amendment to add live entertainment, to hold an outdoor community event, and to increase the hours of operation of a restaurant; zoned CL/Commercial Low. Applicant: Oavars Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred (Applicant's request)
For Informational Purposes Only

69. CITY CHARTER, SECTION 9.06; CASE #2000-0002 -- 3100-3200 BUSINESS CENTER DR -- DASH II SITE -- Public Hearing and Consideration of a proposal by the City of Alexandria to acquire real estate property for the use of Dash facilities, pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the deferrals and informational item.
* * * * *

New Business Item No. 1: WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously by all those present, at 5:00 p.m., City Council convened in executive session at this time, pursuant to Section 2.1-344(A)(1) of the Code of Virginia, for the purpose of further discussing matters pertaining to the appointment of a new City Attorney. The voting was as follows:

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


THEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, at 5:35 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution pertaining to the executive session. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1970A

WHEREAS, on this 17th day of June 2000, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
* * * * *

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, City Council scheduled an executive session on June 20, 2000, at 7:30 p.m., for the purpose of further discussion of personnel matters and conducting interviews pertaining to the appointment of a new City Attorney. The voting was as follows:

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






THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, at 5:40 p.m., the Public Hearing Meeting of Saturday, June 17, 2000, was adjourned. The voting was as follows:

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