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Public Hearing Meeting
Saturday, February 12, 2000 - - 9:30 a.m.


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

Absent: None.

Also Present: Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Jinks, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Baier, Director of Transportation and Environmental Services; Ms. Plemmer, Assistant City Manager; Mr. Ruller, Deputy Director of Transportation and Environmental Services; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Mr. Neckel, Director of Finance; Ms. Chis, Director of Division of Family Services; Ms. O'Regan, Director of Human Services; Mr. Sudduth, Director of Personnel Services; Mr. Frazier, staff, Youth Prevention Services; Fire Chief Hawkins; and Lieutenant Butler, Police Department.

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

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present with Council Member Rich arriving at 9:45 a.m., and Councilman Cleveland arriving at 9:55 a.m.

New Business Item No. 1: Mayor Donley recognized the Boy Scouts from Troop 131 in attendance at today's meeting.
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2. Public Discussion Period.

(a) Ludwig Gaines, 1613-B Hunting Creek Drive, attorney representing the Coalition to Save Burke Branch Library, addressed the closing of the Burke Library.








Mayor Donley spoke to the long process which Council went through with respect to the closing of the Burke Library. He stated that Council certainly remains open to discussing and looking at alternatives regarding the Burke Library. Certainly, if the schools were to reject that facility for whatever reason and it truly becomes surplus, Council will be happy to discuss and revisit it, but it carries with it some serious ramifications other than just reopening the library which involves substantial funds.

Vice Mayor Euille stated that we all need to come together to discuss what some of the alternatives are that can be considered and implemented. He suggested that the Mayor consider appointing a Burke Library Task Force that would be comprised of two Members of Council, two representatives from the School Board, two representatives from the Library Board, three or four citizen members at-large, and the respective staff members, i.e., the City Manager, the Library Director, the Budget Director and the School Superintendent and/or his designee. This group would sit down to discuss what can be implemented and be done that is less costly.

Councilwoman Pepper spoke to the closing and stated that she would like to be on the proposed task force.

Councilman Speck spoke to the matter of public transportation from the Burke neighborhood to the new library. He requested another review of this matter and whether there are some modifications to the system that DASH is providing to make it easier for people not only to get there, but also dealing with any safety concerns they have.

Mayor Donley stated that another issue that may come up is the ability to use some type of shuttle service.

Councilman Cleveland noted that he has directed his BFAAC representative to really look into the budget to see if we can come up with some monies to keep the Burke Library open.

Council Member Walker supported Vice Mayor Euille's call for a group to work together. She spoke to the difficulty of getting to the Burke Library by just living across Seminary Road from it. She noted that we should look very carefully at this area to see how we can make it a nice community area for everyone.

Councilman Speck requested that this item be added for discussion at the stockholders' meeting of Alexandria Transit.

Mayor Donley indicated that Council will appoint a task force and Vice Mayor Euille and Councilwoman Pepper will be the Council representatives. He requested Vice Mayor Euille to prepare a formal list of the membership, and to ask Patrick O'Brien, Library Director, to be the lead staff.

Mayor Donley requested the City Attorney to report back with respect to the original deed of bargain and sale dated June 12, 1965, regarding the covenant that states: ".....with special warranty of title, for use as a branch library site and for other purposes ancillary and incidental thereto."




(A copy of the above-mentioned deed, together with a petition, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2(a); 2/12/00, and is incorporated herewith as part of this record by reference.)

(b) Skip Ackers, 205 Evans Lane, spoke in support of the PTO.

(c) Julie Crenshaw, 816 Queen Street, expressed concern about a mature/specimen silver maple tree that is 72" diameter at base height at Jones Point Park which is in danger of being removed due to the Woodrow Wilson Bridge Project. She urged the City to save that tree.

Mayor Donley requested staff to give Council a report on this specific tree.

Councilman Cleveland spoke about attending the Old Town Civic Association meeting recently at which there was a presentation by an international tunnel builder with respect to a tunnel to cross the Potomac which would be a great alternative to building a new bridge.

Mayor Donley indicated that he didn't know what the City could potentially do. He noted that the Federal Department of Transportation has issued a record of decision, it's their decision, and they would have to reverse the decision since it is not something that the City has total control over. He stated that we could look into that.

Councilwoman Pepper indicated that she was at that meeting also and stated that it is called an immersion tunnel.

(d) Wayne Popham, 415 Cameron Street, #3, spoke in support of the PTO.

(e) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-7)

Planning Commission

Without Objection, City Council withdrew docket item no. 7 from the Action Consent Calendar and considered it under a separate motion.

3. SPECIAL USE PERMIT #99-0142 -- 4928-B EISENHOWER AV
Public Hearing and Consideration of a request for a special use permit for a catering business; zoned OCM-100/Office Commercial Medium. Applicant: Nancy Jo Kemp.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 2/12/00, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #99-0154 -- 4626 KING ST -- FIVE GUYS -- CLAREMONT SHOPPING CENTER -- Public Hearing and Consideration of a special use permit review and request to delete a condition for a restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Five Guys Inc., by Jerry Murrell.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/12/00, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0157 -- 2461 EISENHOWER AV -- PENTAGON FEDERAL CREDIT UNION -- Public Hearing and Consideration of a request for a special use permit for automobile sales; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Pentagon Federal Credit Union, by Joseph C. Dewald.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/12/00, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #99-0162 -- 3601 JEFFERSON DAVIS HY -- E SIDE ROUTE 1, HOWELL AV -- POTOMAC YARD SOCCER FIELDS -- Public Hearing and Consideration of a request for a special use permit to construct interim soccer fields as a public use/building; zoned CDD-10/Coordinated Development District. Applicant: Commonwealth Atlantic Properties Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/12/00, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the action consent calendar as presented, with the exception of docket item no. 7 which was considered under a separate motion. The recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission.

4. City Council approved the recommendation of the Planning Commission.

5. City Council approved the recommendation of the Planning Commission.

6. City Council approved the recommendation of the Planning Commission.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

7. SPECIAL USE PERMIT #99-0156 -- 1609 KING ST -- ST. ELMO'S -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CD/Commercial Downtown. Applicant: Moon Ok Cho, by Jae H. Kim.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/12/00, and is incorporated herewith as part of this record by reference.)

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

Jack Ritter, 103 Harvard Street, requested a change to prohibit cooking on premises.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, with the addition of a condition #17 to read: "17. There will be no food preparation, other than coffee, shall be permitted to occur on premises." The voting was as follows:

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

At this point, Council considered Docket Item No. 11.

ORDINANCES AND RESOLUTIONS

11. (a) Public Hearing and Consideration of the Youth Policy Commission's Annual Report and Recommendations.

(b) Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend section 12-13-1 of the Alexandria City Code to designate a committee of the Youth Policy Commission as the city's Youth Services Citizen Board, which will be responsible for the administration of delinquency prevention and Youth Development Act grants under section 66-29 of the Virginia Code. (#17 2/8/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 31, 2000, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 11 (a-b); 2/12/00, and is incorporated herewith as part of this record by reference.)

The following persons representing the Youth Policy Commission participated in the public hearing on these items:

Deborah Brown Anderson, 1315 Duke Street;

Robert W. Sennewald, 426 South Pitt Street;

Barbara Allen-Hagen, 222 Virginia Avenue; and

Tobie Hendricks, 5926 Wilton Road, representing the Youth Council Committee of the Commission.

Members of Council thanked those involved for a job well done.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council (1) held the public hearing on the Youth Policy Commission's Annual Report; (2) finally passed the Ordinance upon its Second Reading and Final Passage; and (3) (a) adopted the Youth Policy Commission's vision for youth well-being; (b) adopted the proposed Youth Policy to guide the City's programs; and (c) requested that the City Manager develop a strategy for implementing the Youth Policy within the City government. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4103

AN ORDINANCE to amend and reordain Sections 12-13-1 (CREATION OF COMMISSION; DESIGNATION AS YOUTH SERVICES CITIZEN BOARD), and 12-13-2 (COMPOSITION; APPOINTMENT; TERMS; CHAIRPERSON AND OFFICERS; COMMITTEES) and to add new Section 12-13-7 (CREATION OF YOUTH SERVICES CITIZEN BOARD; APPOINTMENT AND TERMS; FUNCTIONS AND DUTIES), to Chapter 13 (YOUTH POLICY COMMISSION), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-13-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended and reordained to read as follows:




Sec. 12-13-1 Creation of commission.

There is hereby established a commission to be known as the Youth Policy Commission (hereinafter referred to in this chapter as the commission).

Section 2. That Section 12-13-2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 12-13-2 Composition; appointment; terms; chairperson and officers; committees.

(a) The commission shall consist of 19 members, 18 of whom shall be voting members and one a non-voting member. Ten of the voting members shall be citizens, two shall be from community non-profit agencies that have an interest in youth issues, four shall be from the public sector, and two shall be from city boards or commissions or other organizations which have an interest and involvement with youth. The majority of the members of the commission shall not be elected officials or employees of a public or private service agency that provides services to the city's youth. The non-voting member shall be a judge from the juvenile and domestic relations court, as determined by the chief judge of that court.

(1) Citizen members. These ten members shall be appointed by city council and shall be city residents. They shall consist of: three parents of children 18 years of age or younger, one of whom shall be a resident of school board election District A, one of whom shall be a resident of District B and one of whom shall be a resident of District C (see section 12-1-4); two individuals younger than 18 years of age; two representatives of the business community; two members of professions which require special training or knowledge in issues affecting youth; and one individual who has an interest in issues affecting youth in the city. The terms of the citizen members shall be three years and shall be staggered; except the terms of the citizen members younger than 18 years of age shall be one year. The members younger than 18 years of age may be reappointed by city council as long as they will be younger than 18 years of age during their reappointment.

(2) Community non-profit agency members. These two members shall be appointed by city council and shall be city residents. They shall represent non-profit community agencies that have an interest in youth issues. The terms of these members shall be three years and shall be staggered.

(3) Public sector members. These four members shall be the mayor, the commonwealth's attorney, a member of the school board designated by the board, and a member of the public health advisory commission designated by the commission. The mayor and the commonwealth's attorney shall serve on the commission for so long as he holds office. The other two public sector members shall serve terms of three years which shall be staggered.

(4) Members from city boards or commissions or other organizations. These two members shall be appointed by city council, and shall be residents of the city who are members of city boards or commissions, or of other organizations, which, in the course of performing their duties and functions, come into significant contact with the city's youth or which otherwise have an interest in youth issues. The terms of these members shall be three years and shall be staggered.

(b) The commission shall elect from among its voting members a chairperson and such other officers as it deems necessary.

Section 3. That Chapter 13 of Title 12 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 12-13-7 to read as follows:

Sec. 12-13-7 Creation of youth services citizen board; appointment and terms; functions and duties.

(a) Pursuant to section 66-29 of the Code of Virginia (1950), as amended, there is hereby established a youth services citizen board (hereinafter referred to in this chapter as the board).

(b) The board shall consist of 12 members who shall be the 10 citizens members of the commission, appointed pursuant to section 12-13-2(a)(1), and two members from non-profit agencies, appointed pursuant to section 12-13-2(a)(2). The terms of these board members shall coincide with their terms on the commission.

(c) The functions and duties of the board shall be as follows:

(1) to assist the commission in its functions and duties as set forth in section 12-13-5;

(2) to serve in an advisory capacity to the commission to establish the goals and objectives as set forth in the Delinquency Prevention and Youth Development Act, section 66-26 et seq., of the Code of Virginia (1950), as amended;

(3) to evaluate and monitor community programs and services to determine their impact on youth, and to report its findings and recommendations to city council;

(4) to recommend to the commission ways in which all youth and their families with needs for services will be linked to appropriate services;

(5) to recommend to the commission changes in agency policies and procedures that make it difficult for youth and their families to receive services; and

(6) to administer, monitor and oversee grants made pursuant to section 66-29 of the Code of Virginia (1950), as amended.

(d) The board shall elect from among its members a chairperson and such other officers as it deems necessary.










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

KERRY J. DONLEY
Mayor

Introduction: 02/08/00
First Reading: 02/08/00
Publication: 02/09/00; 02/10/00
Public Hearing: 02/12/00
Second Reading: 02/12/00
Final Passage: 02/12/00
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Without Objection, City Council considered docket item nos. 8, 9, and 10 together and under one motion.

8. SPECIAL USE PERMIT #99-0159 -- 111 FRANKLIN ST -- Public Hearing and Consideration of a request for a special use permit to change a noncomplying use to office use, and request for an off-street parking reduction; zoned RM/Townhouse. Applicant: Michelle J. Boggs, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/12/00, and is incorporated herewith as part of this record by reference.)

9. VACATION #99-0008 -- 111 FRANKLIN ST -- Public Hearing and Consideration of a request for a vacation of the public right-of-way; zoned RM/Townhouse. Applicant: Michelle J. Boggs, by Duncan W. Blair, attorney, and appointment of Viewers for same.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/12/00, and is incorporated herewith as part of this record by reference.)









10. ENCROACHMENT #99-0009 -- 111 FRANKLIN ST -- Public Hearing and Consideration of a request for an encroachment into the public right-of-way for stairs and landing on the Pommander Walk Street side of the property; zoned RM/Townhouse. Applicant: Michelle J. Boggs, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/12/00, 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 Nos. 8, 9, 10; 2/12/00, and is incorporated herewith as part of this record by reference.)

Council Member Rich recused himself from participating in the discussion and the vote on these items.

(A copy of a transactional disclosure statement completed by Council Member Rich is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 8, 9, 10; 2/12/00, 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, P. O. Box 820, attorney representing the applicant, spoke in support of these items and requested a new condition #1, and the deletion of condition #8(b) for docket item no. 8;

(A copy of the suggested language is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 8; 2/12/00, and is incorporated herewith as part of this record by reference.)

Michael Parrish, 29 Alexander Street, vice president of Ford's Landing HOA, spoke in support;

David Smith, 14 Franklin Street, spoke in support;

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

Linda Hester, 705 Kahn Place, read a letter from Becky Ellis in support; a copy of the letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item Nos. 8, 9, 10; 2/12/00, and incorporated herewith as a part of this record by reference;

Linda Hester, 705 Kahn Place, speaking for herself, spoke in support;

K. S. Masterson, Jr., 101 Pommander Walker, representing Pommander Walk Citizens Association, spoke against;

Kit Leider, 16 Alexander Street, spoke in support;

David J. Sackett, 707 Kahn Place, spoke in support;

Marianne Marzo, 623 Pommander Walk, spoke against;

Donald J. Fix, Sr., 5 Wharf Street, spoke in support;

Donald J. Fix, Jr., 701 Kahn Place, spoke in support;

Sara Cooper Masterson, 101 Pommander Walk, spoke against;

Louis Bransford, 2 Franklin Street, spoke in support;

Frances T.H. Hallihan, 104 Pommander Walk, spoke against;

John Bernard Murphy, 622 South Lee Street, spoke in support;

Robert Gants, 103 Pommander Walk, representing his wife and Pommander Walk Civic Association, spoke against, and noted that Arthur Menard, 621 Pommander Walk, had to leave and was also against;

Al Kalvaitis, 17 Franklin Street, spoke in support;

Ed Fitzgerald, 625 Pommander Walk, spoke against;

Ann S. Hudgins, 909 Cameron Street, spoke in support;

L. Mayer, 108 Pommander Walk, spoke against; and

Michael P. Jamroz, 100 Pommander Walk, spoke.

Attorney Blair requested that Ms. Boggs' architect, Skip Maguinnes, explain the parking for the building.

Members of Council directed questions to staff. Planning and Zoning Director Lynn spoke to condition #1. Planning and Zoning Deputy Director Ross spoke to condition #8(b).

Attorney Blair and Ms. Boggs explained the need to change the wording of condition #1.

City Attorney Sunderland suggested language to amend condition #1 as follows: "1. The special use permit shall be granted to the applicant or to any corporation in which the applicant has a controlling interest, and to the holder of a security interest in the premises in the event such holder forecloses upon the premises and to the first buyer from such holder if the purchase occurs within twenty-four months of foreclosure."

Councilwoman Pepper confirmed that the second sentence continues as part of condition #1.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved docket item nos. 8, 9, and 10 as follows:



8. City Council approved the recommendation of the Planning Commission, with an amendment to condition #1 to read as follows: "1. The special use permit shall be granted to the applicant or to any corporation in which the applicant has a controlling interest, and to the holder of a security interest in the premises in the event such holder forecloses upon the premises and to the first buyer from such holder if the purchase occurs within twenty-four months of foreclosure. The applicant and her business shall control the entire premises, and shall not sublet portions of it to others."

9. City Council approved the recommendation of the Planning Commission, and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Donald Allen, Chair, Ruby Fitzgerald and Katrine Fitzgerald as Viewers.

10. City Council approved the recommendation of the Planning Commission.

The voting was as follows:

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

12. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance by making the residential use of any property located within the Office Commercial Medium/OCM (100) or Office Commercial High/OCH zone, and within 1,000 feet of Eisenhower Avenue, a “special use” that must be authorized by a special use permit. (#18 2/8/00) [ROLL-CALL VOTE]

(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. 1 of Item No. 12; 2/12/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Jonathan Rak, 11320 Random Hills Road, Suite 600, Fairfax, VA, attorney representing Trammell Crow Residential, requested that this property be grandfathered as a preliminary site plan was filed on December 22, and spoke to the new Virginia Code § 15.2-2288.1 pertaining to localities may not require a special use permit for certain residential uses;

(A copy of the new code section is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 2/12/00, and is incorporated herewith as part of this record by reference.)

Charles Bay, 6010 Executive Boulevard, Suite 200, Rockville, MD, contract purchaser of property, requested that the property be grandfathered; and




Barbara P. Beach, 416 Prince Street, attorney representing Philips Industrial Associates, requested that City Council amend Section 8 of the ordinance by changing the date to January 1, 2000.

Mayor Donley asked the City Attorney of the applicability of the new statute passed out by Mr. Rak.

City Attorney Sunderland spoke to the new statute.

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4104

AN ORDINANCE to amend and reordain Sections 4-1002 (PERMITTED USES) and 4-1003 (SPECIAL USES), and add a new Section 4-1008 (CERTAIN STRUCTURES, LOTS AND USES INCONSISTENT WITH THESE PROVISIONS), under Section 4-1000 (OCM(100)/OFFICE COMMERCIAL MEDIUM (100) ZONE), and to amend and reordain Sections 4-1102 (PERMITTED USES) and 4-1103 (SPECIAL USES), and add a new Section 4-1107 (CERTAIN STRUCTURES, LOTS AND USES INCONSISTENT WITH THESE PROVISIONS), under Section 4-1100 (OCH OFFICE COMMERCIAL HIGH ZONE, of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES), of the City of Alexandria Zoning Ordinance (TA NO. 99-0010).

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

1. The City’s Master Plan envisions that the Eisenhower Avenue Corridor will be a primary area for economic development and high density mixed use development, in order to implement, in part, the Master Plan’s goal of balanced growth for the City. Because of the limited land resources in the City available for such development, it is essential that the land resources in the Eisenhower Avenue Corridor be used in a way that will achieve that goal.

2. The existing land uses and zoning in the Eisenhower Valley show a growth area in transition, but also demonstrate the problem of allowing unrestricted residential development. The Eisenhower Avenue Corridor has historically been a desirable place for public facilities, such as the Cameron Run Regional Park, the WMATA maintenance yards, the waste-to-energy plant, the Alexandria Sanitation Authority wastewater treatment plant, the City’s jail and police headquarters and the new animal shelter. It has also been the location of significant public investment, such as the construction of Eisenhower Avenue over Telegraph Road and the Holmes Run flood plain improvements. Private uses in the Eisenhower Valley include several industrial uses, especially at its west end, such as Newton Asphalt and Vulcan Materials. Many of the remaining existing uses, such as storage, wholesale and trucking operations, are not actually permitted under current zoning; they are allowed to continue and be replaced with new users only by virtue of their noncomplying status.

3. On the other hand, the Eisenhower Avenue Corridor is blessed with two Metro stations and three interchanges with the Capital Beltway, giving the area the greatest means of transportation access within the City. The eastern end of the valley also has direct access to the VRE and Amtrak rail facilities. When the zoning was updated in 1992, the Eisenhower Avenue Corridor zoning reflected its unique location and opportunity for development. Apart from the UT zoned land owned by Metro and the railroads, most of the remaining land in the Eisenhower Avenue Corridor is zoned CDD, OCH, and OCM(100).

4. The CDD zone is the City’s most flexible and most dense zone, allowing very large scale developments provided they exhibit a mix of uses and provided they are subjected to careful scrutiny at the conceptual, preliminary and final development plan stage. The heightened level of review for CDDs is designed to ensure that the project is well planned and designed, so that the large scale development and mix of uses all work well together. The Duke Street (Carlyle) and Eisenhower (Hoffman) CDD areas have approved high density mixed use development plans that are consistent with the City’s land use goals. A mark of the area’s attractiveness is the fact that the Carlyle site was chosen by the federal government as the site for the new Patent and Trademark Office, a substantial change in circumstances since the 1992 zoning was adopted.

5. Outside of the CDD areas, the remaining private land for development in the Eisenhower Avenue Corridor is zoned OCH and OCM(100). Those zones are designed to achieve dense office and dense residential development in close proximity, and are the City’s prime office zones. They also, however, allow single family, two family, townhouse and multifamily dwellings with only site plan approval. In the typical case, site plan review does not afford the City the same authority to control the location of a use, or impose appropriate conditions on a use, as is afforded by the special use permit process.

6. Two townhouse residential projects have developed along Eisenhower Avenue over the last five years, Summers Grove at the west end and Cameron Parke in the center. In addition, the Avalon apartment development at Telegraph Road was built three years ago. In recent months, City staff has received numerous additional inquiries and applications, and met with several potential developers, regarding additional residential development, chiefly garden apartments, at various sites along and near Eisenhower Avenue Corridor.

7. Where the OCH and OCM(100) zones are applied to the land area in the Eisenhower Avenue Corridor, however, with its remnants of industrial and quasi-industrial uses and public facilities, as opposed to other areas of the City where the zones apply, residential use in general, or the type of residential use most likely to locate in proximity to industrial and quasi-industrial uses and public facilities, may not be compatible with the high quality, high density mixed use development envisioned by the Master Plan, or may not be compatible at the location chosen.





8. Likewise, there are sites in the Eisenhower Avenue Corridor which may be appropriate for residential development but which are located adjacent to industrial and quasi-industrial uses and public facilities not typically proximate to residential uses. In such cases, the City needs the special use permit authority to impose conditions on the later arriving residential uses in order to ensure that the mix of these uses in close proximity can be made compatible.

9. 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 the public health, safety and general welfare; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Subsections (A), (A.1), (A.2) and (B) of Section of 4-1002 of the City of Alexandria Zoning Ordinance be, and the same hereby are, amended to read as follows:

(A) Single-family dwelling, except as limited by section 4-1003(A.1);

(A.1) Two-family dwelling, except as limited by section 4-1003(A.1);

(A.2) Townhouse dwelling, except as limited by section 4-1003(A.1);

(B) Multifamily dwelling, except as limited by section 4-1003(A.1);

Section 2. That Section 4-1003 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Subsection (A.1) to read as follows:

Section 3. That Section 4-1000 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 4-1008 to read as follows:

Sec. 4-1008 Certain structures, lots and uses inconsistent with these provisions.

Single-family, two-family, townhouse and multifamily dwellings on lots located within 1,000 feet of the centerline of Eisenhower Avenue, existing on November 9, 1999, or for which a building permit application or preliminary site plan application was pending or had been approved on or before November 9, 1999, shall not be subject to the requirement for a special use permit, shall not be characterized as nonconforming or noncomplying uses or structures, and shall be characterized as uses or structures grandfathered under prior law, pursuant to Section 12-500 of this ordinance.

Section 4. That Subsections (A), (A.1), (A.2) and (B) of Section of 4-1102 of the City of Alexandria Zoning Ordinance be, and the same hereby are, amended to read as follows:

(A) Single-family dwelling, except as limited by section 4-1103(A.1);

(A.1) Two-family dwelling, except as limited by section 4-1103(A.1);

(A.2) Townhouse dwelling, except as limited by section 4-1103(A.1);

(B) Multifamily dwelling, except as limited by section 4-1103(A.1);

Section 5. That Section 4-1103 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Subsection (A.1) to read as follows:

Section 6. That Section 4-1100 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 4-1107 to read as follows:

Sec. 4-1107 Certain structures, lots and uses inconsistent with these provisions.

Single family, two-family, townhouse and multi-family dwellings on lots located within 1,000 feet of the centerline of Eisenhower Avenue, existing on November 9, 1999, or for which a building permit application or preliminary site plan application was filed, and was pending or had been approved on or before November 9, 1999, shall not be subject to the requirement for a special use permit, shall not be characterized as nonconforming or noncomplying uses or structures, and shall be characterized as uses or structures grandfathered under prior law, pursuant to Section 12-500 of this ordinance.

Section 7. That Sections 4-1000 and 4-1100 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.




















Section 8. That this ordinance shall become effective upon the date at the time of its final passage, and, shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review, shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Sections 3 and 6 of this Ordinance and Article XII of the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 02/08/00
First Reading: 02/08/00
Publication: 02/12/00
Public Hearing: 02/12/00
Second Reading: 02/12/00
Final Passage: 02/12/00
* * * * *

13. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way at 108 Franklin Street, for front building stoops, in conjunction with the development of the Backyard Boats property which is located at the southwest corner of the intersection of Franklin and South Union Streets. (#19 2/8/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, 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 "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4105

AN ORDINANCE authorizing the owner of the property located at 108 Franklin Street and the owner's successors in title, to established and maintain an encroachment into the public right-of-way of 108 Franklin Street, in the City of Alexandria, Virginia.



WHEREAS, Lawrence N. Brandt, Inc. is the owner of the property located at 108 Franklin Street in the City of Alexandria, Virginia; and

WHEREAS, Lawrence N. Brandt, Inc. desires to establish and maintain townhouse stoops and steps in the right-of-way of Potomac and South Union Streets, and also desires to establish and maintain a temporary sales trailer which will encroach into the public right-of-way of 108 Franklin Street; and

WHEREAS, the public rights-of-way at those points on South Union, Franklin, and Potomac Streets will not be significantly impaired by this encroachment; and

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

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

Section 1. That Lawrence N. Brandt, Inc. and its successors in title (hereafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public rights-of-way of South Union, Franklin and Potomac Streets in the City of Alexandria, said encroachment consisting of townhouse stoops and steps and a temporary sales trailer, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the following conditions:

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

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

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

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

Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.








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

KERRY J. DONLEY
Mayor

Introduction: 02/08/00
First Reading: 02/08/00
Publication: 02/09/00; 02/10/00
Public Hearing: 02/12/00
Second Reading: 02/12/00
Final Passage: 02/12/00
* * * * *

14. Public Hearing, Second Reading and Final Passage of AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of the 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. (#20 2/8/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/12/00, 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 unanimous ROLL-CALL vote, 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 "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4106

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of the amounts required to defray certain expenditures and liabilities of the city for the 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:

Human Relations $ 3,585
Commonwealth’s Attorney 8,912
Clerk of the Circuit Court 18,646
Court Services Unit 53,482
Transportation and Environmental Services 114,082
Fire 6,128
Police 503,795
Housing 157,847
Human Services 423,914
Recreation 5,160

Total Estimated Revenue $1,295,551

APPROPRIATION:

Human Relations $ 3,585
Commonwealth’s Attorney 8,912
Clerk of the Circuit Court 18,646
Court Services Unit 53,482
Transportation and Environmental Services 114,082
Fire 6,128
Police 503,795
Housing 157,847
Human Services 423,914
Recreation 5,160

Total Estimated Revenue $1,295,551

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 thereafter 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:

Citizens Assistance $ 1,719
Court Services Unit 15,200
Health 62,830
Human Services 20,381
Recreation 75,000
Total Estimated Revenue $ 175,130

APPROPRIATIONS:

Citizens Assistance $ 1,719
Court Services Unit 15,200
Health 62,830
Human Services 20,381
Recreation 75,000
Total Estimated Revenue $ 175,130

Section 3. That the Council of the City of Alexandria, Virginia, does hereby authorize the transfer from the General Fund (Designated 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 as follows: (i) to the following capital projects which are included in the city’s fiscal year 2000-2005 capital improvement program, adopted by city council May 5, 1999: 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 (Beauregard and Seminary Interchange, Undergrounding of Utilities and Street Lighting, Braddock Road Area Improvements, Bridge Repairs and Maintenance, King Street Metro Station Area Improvements, King and Beauregard Intersection Improvements, Mill Road Realignment, Sidewalk, Curb, and Gutter Program, Street Reconstructions and Extensions), 012 (Storm Sewer Reconstructions and Extensions), 013 (Sanitary Sewer Reconstructions and Extensions, Sewer Separation and Pollution Abatement), 014 (Waste-to-Energy Facility), 015 (Information Technology Connectivity Projects, Information Technology Systems Development), and 016 (Northern Virginia Community College); and (ii) to the capital projects identified in the Alexandria City Public Schools’ capital budget approved by the school board on February 18, 1999.




GENERAL FUND

FINANCING USE:

Transfer Out to Capital Projects Fund $ 14,512,259

Total Transfer Out $ 14,512,259

CAPITAL PROJECT FUND

ESTIMATED REVENUE:

Transfer In from General Fund $ 14,512,259

Total Financing Source $ 14,512,259

APPROPRIATION:

Capital Projects $ 14,512,259

Total Appropriation $ 14,512,259

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that are 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 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:

Financial & Information
Technology Services $ 383,000
Health 10,000
Library 30,000

Total Appropriation $ 423,000

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 and liabilities of the city for fiscal year 2000, the source of such amount being other local taxes, and further, that the council does hereby allot the amount so appropriated for fiscal year 2000, as follows:








GENERAL FUND

ESTIMATED REVENUE:

Other Local Taxes $ 256,070

Total Estimated Revenue $ 256,070

APPROPRIATION:

Non-Departmental $ 256,070

Total Appropriation $ 256,070

Section 6. 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 miscellaneous revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 2000, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Miscellaneous $ 200,000

Total Estimated Revenue $ 200,000

APPROPRIATION:

Transportation and Environmental Services $ 200,000

Total Appropriation $ 200,000

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

KERRY J. DONLEY
Mayor

Introduction: 02/08/00
First Reading: 02/08/00
Publication: 02/09/00; 02/10/00
Public Hearing: 02/12/00
Second Reading: 02/12/00
Final Passage: 02/12/00
* * * * *






15. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to approve and authorize the sale of the property owned by the City of Alexandria at 1505 Powhatan Street, which has previously been used as the city's traffic shop. (#21(b) 2/8/00) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated February 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/12/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Duncan W. Blair, 222 Green Street, attorney representing the applicant, spoke in support;

Michael O'Neil, 731 Bernard Street, spoke;

Barbara L. Clark, 731 Bernard Street, spoke to the need of open space;

Martha Welch, 1604-a Hunting Creek Drive, board member of Northeast Citizens Association, spoke in support;

Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, spoke in support and suggested that the piece of state-owned property across from the Dixie Pig be declared surplus and used for open space, as well as the land on the north side of Slater's Lane currently owned by Commonwealth Atlantic Properties; in addition, he spoke to the need of pedestrian-friendly sidewalks along Slater's Lane;

Jean Caldwell, 1117 Powhatan Street, representing Northeast Citizens Association, spoke in support; and

Steven Troxel, 1200 Colonial Avenue, spoke against and spoke to the need for open space in the area.

Mayor Donley requested that staff follow up on Mr. Hertel's suggestion that the piece of state-owned property across from the Dixie Pig be declared surplus and used for open space. In addition, he would like staff to get a response back to Council regarding the Commonwealth Atlantic property alluded to by both Poul Hertel and Barbara Clark which is the land on the north side of Slater's Lane for open space. He stated that the City could work with the neighbors in terms of what potential uses or nonuses occur there.

Council Member Walker asked the City to pay attention to Slater's Lane. She indicated that the one-way pairs that have been proposed are probably not workable in the neighborhood. She noted that it's evident in the pictures that were provided that Slater's Lane is indeed not very attractive, and as pieces of land are developed along Slater's Lane, it's important for the City to make the land and Slater's Lane as nice as possible. She suggested some type of development plan for the neighborhood with streetscapes and sidewalks.



Deputy City Manager Steele stated that the City is taking a comprehensive look at this and will involve all the neighborhoods.

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4107

AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located at 1505 Powhatan Street in the City of Alexandria, Virginia, to The Alexandria Marketplace, LLC, a Virginia limited liability company.

WHEREAS, the City of Alexandria owns the real property located at 1505 Powhatan Street in Alexandria, Virginia; and

WHEREAS, the sale of this property by the city has been submitted to and approved by the planning commission on February 1, 2000; and

WHEREAS, the city manager has recommended the sale of this property for $875,000 to The Alexandria Marketplace, LLC, a Virginia limited liability company; and

WHEREAS, the city council is of the opinion that the city no longer needs this property, and that its sale, according to the terms and conditions of the Agreement for Sale and Redevelopment between the City of Alexandria and The Alexandria Marketplace, LLC, a Virginia limited liability company, as amended (hereinafter, the “Agreement,” a copy of which is attached) is in the public interest; and

WHEREAS, The Alexandria Marketplace, LLC, a Virginia limited liability company, wishes to buy this property at the price and under the terms and conditions set forth below; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sale of the real property described below to The Alexandria Marketplace, LLC, a Virginia limited liability company, for $875,000, and under the terms and conditions contained in the Agreement, which Agreement is hereby incorporated in this ordinance as if fully set forth herein, be, and the same hereby is, approved and authorized:

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

Section 3. That the city clerk be and hereby is authorized to attest the execution of the deed and other necessary documents executed by the city manager pursuant to Section 2, and to affix thereon the official seal of the City of Alexandria, Virginia.

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

KERRY J. DONLEY
Mayor

Attachment: Agreement for Sale and Redevelopment 1505 Powhatan Street, as amended

Introduction: 02/08/00
First Reading: 02/08/00
Publication: 02/09/00; 02/10/00
Public Hearing: 02/12/00
Second Reading: 02/12/00
Final Passage: 02/12/00
* * * * *


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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (16-26)

Planning Commission (continued)

16. MASTER PLAN AMENDMENT #2000-0001 -- WATER QUALITY MANAGEMENT -- Public Hearing and Consideration of an amendment to the Alexandria Master Plan to add a new chapter entitled "Water Quality Management Supplement."
17. DEVELOPMENT SPECIAL USE PERMIT #99-0059 -- 6346 STEVENSON AV -- STEVENSON TOWNES -- Public Hearing and Consideration of a request for a development special use permit amendment to allow a larger deck on townhouse units; zoned RB/Residential. Applicant: Jordan Carr Homes, by Robert J. Test, attorney.
18. SPECIAL USE PERMIT #99-0152 -- 2000 DUKE ST -- TIME-LIFE BUILDING - CARLYLE -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Time-Life Inc., by Miguel Penagos.

COMMISSION ACTION: Deferred 6-0

19. SPECIAL USE PERMIT #99-0153 -- 3690 KING ST, #Q -- STARBUCKS -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CG/Commercial General. Applicant: Starbucks Coffee Company.

COMMISSION ACTION: Deferred 6-0

20. SPECIAL USE PERMIT #99-0150 -- 815 KING ST -- OLD TOWN INN -- Public Hearing and Consideration of a request for a special use permit for a hotel with valet parking and off-street parking reduction; zoned CD/Commercial Downtown. Applicant: Old Town Associates, by Brennan R. Reilly, attorney. COMMISSION ACTION: Deferred (Applicant's request)

21. SPECIAL USE PERMIT #99-0107 -- 4840 EISENHOWER AV -- BUSH HILL APARTMENTS -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for a multi-family development; zoned OCM-100/Office Commercial Medium. Applicant: Eisenhower LLC, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Deferred (Applicant's request)






22. DEVELOPMENT SPECIAL USE PERMIT #99-0058 -- 1000 ST STEPHEN'S RD -- ST STEPHEN'S & ST AGNES SCHOOL -- Public Hearing and Consideration of a request for an amendment to a development special use permit to increase the enrollment for a private school; zoned R-8 and R-12/Residential. Applicant: Church Schools in the Diocese of Virginia, by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred (Applicant's request)

23. SPECIAL USE PERMIT #99-0139 -- 1225 POWHATAN ST -- DIXIE PIG RESTAURANT -- Public Hearing and Consideration of a special use permit review for a nonconforming restaurant; zoned RB/Residential. Applicant: Top Flight Services Inc., by Cathy Kane.

COMMISSION ACTION: Deferred (Improper notice)

24. SPECIAL USE PERMIT #99-0161 -- 2320 JEFFERSON DAVIS HY -- EXXON STATION -- Public Hearing and Consideration of a special use permit review for an automobile service station with a convenience store and a restaurant; zoned I/Industrial. Applicant: Exxon Corporation.

COMMISSION ACTION: Deferred (Notice)
THE FOLLOWING ITEMS WERE FOR INFORMATION ONLY:

25. CITY CHARTER, SECTION 9.06, CASE #99-03 -- 1505 POWHATAN ST -- ALEXANDRIA MARKETPLACE -- Public Hearing and Consideration of a request for approval for the sale of City-owned land, pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria. COMMISSION ACTION: Approved 6-0

26. DEVELOPMENT SITE PLAN #99-0034 -- 1505 POWHATAN ST -- ALEXANDRIA MARKETPLACE -- Consideration of a request for a development site plan to construct a retail and office building with on-site parking and a waiver of vision clearance; zoned CSL/Commercial Service Low. Applicant: Alexandria Marketplace LLC, by Charles M. Fairchild II.

COMMISSION ACTION: Approved 6-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the deferrals and informational items.












ORDINANCES AND RESOLUTIONS (continued)

27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the map, referenced in section 5-8-71A(a) of the Alexandria City Code, that describes the city's residential parking permit districts, by deleting from parking permit district number 1 the Ford's Landing development, which is located east of the intersection of Franklin and South Union Streets. (#22(b) 2/8/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated February 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 2/12/00, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated February 4, 2000, together with the ordinance, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 27; 2/12/00, 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. 3 of Item No. 27; 2/12/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Michael P. Jamroz, 100 Pommander Walker, spoke in support;

Michael Parrish, 29 Alexander Street, vice president of Ford's Landing HOA, spoke against;

John Sitilides, Alexander Street, representing homeowners of Ford's Landing, spoke against;

Jim Leavengood, 17 Wharf Street, representing homeowners of Ford's Landing, spoke against;

Donald J. Fix, Sr., 5 Wharf Street, representing homeowners of Ford's Landing, spoke against;

Donald J. Fix, Jr., 701 Kahn Place, spoke against;

Charles R. Davis, 6 Alexander Street, spoke against; a copy of Mr. Davis' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Robert Gants, 103 Pommander Walk, representing his wife and Pommander Walk Citizens Association, spoke in support;

David S. Mercer, 818 Marshall Lane, attorney representing Ford's Landing Homeowners Association, spoke against with the suggestion to work towards a compromise;

Sharon Newsome, 108 Gibbon Street, spoke in support;

Linda Hester, 705 Kahn Place, spoke against;

K. S. Masterson, 101 Pommander Walker, representing Pommander Walk Citizens Association, spoke in support;

David J. Sackett, 707 Kahn Place, spoke against;

Frances T. H. Hallihan, 104 Pommander Walker, spoke in support;

Edward J. Susank, 5 Franklin Street, spoke against;

Marianne Marzo, 623 Pommander Walk, spoke in support;

Nancy M. Pomerleau, 716 Battery Place, representing Ford's Landing Homeowners Association, spoke against; a copy of Ms. Pomerleau's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Sara Cooper Masterson, 101 Pommander Walk, spoke in support;

Mary Fran Freedman, 20 Keith's Lane, spoke against;

Yvonne DeBruyn Weight, 735 South Lee Street, spoke in support;

William Richards, 614 South Lee Street, spoke in support;

Frances T. H. Hallihan, 104 Pommander Walker, read statement of Caully Deringer, a resident of 619 Pommander Walk, in support of ordinance; and

Kathleen Turner, 707 Ford's Landing Way, spoke against.

The public hearing was concluded.

Councilwoman Pepper requested staff to take another look to see if all of the emergency vehicle easements are necessary in Ford's Landing.

Mayor Donley indicated that we need an improved understanding of what the parking demands are, i.e., whether the restrictions need to be changed; whether we have people outside the district who are non-district one permit holders that are parking there after the appointed hours and eating up the capacity. He stated that we heard that there is a need to survey for ideas for additional on-street parking sites, i.e., the additional parking that will be made available on Union Street, diagonal parking on Franklin, and requested that the City investigate these ideas. Mayor Donley stated that there is an issue that we are going to have to look at in addition to the parking demand and in addition to additional off-street parking alternatives or changes in the restrictions or the rules, and that is basically we need to do it, and we need to do it relatively quickly which would be by the last legislative meeting in June.

Councilman Speck expressed hope that the situation will not get worse by more permits being issued. He indicated that it appears that Ford's Landing is doing everything possible to cooperate with the City's concerns.

Vice Mayor Euille encouraged the two sides to work together for resolution and requested that staff play a major role in helping to mediate this.

Mayor Donley requested that staff take the lead on this to involve residents of Pommander Walk, Old Town Civic Association, Ford's Landing, Yates Garden and others to come up with a solution on this issue. He requested that all of the items that have been discussed be examined to come to a solution.

WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried unanimously, City Council closed the public hearing and deferred Second Reading and Final Passage of this ordinance until the Second Legislative Meeting in June. The voting was as follows:

Speck "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Walker "aye"
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New Business Item No. 2: WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 3:45 p.m., City Council convened an executive session at this time for the purpose of interviewing and discussing the prospective candidates for the position of city manager, pursuant to Virginia Code § 2.1-344(A)(1). The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 4-to-0, at 6:05 p.m., City Council reconvened the meeting. The voting was as follows:

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

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 out of room
Walker "aye"

The resolution reads as follows:




RESOLUTION NO. 1949

WHEREAS, on this 12th day of February 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.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 6:07 p.m., the Public Hearing Meeting of Saturday, February 12, 2000, was adjourned. The voting was as follows:

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




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:




_____________________________________________
Beverly I. Jett, CMC City Clerk




This docket is subject to change.

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