Back to FY Dockets


Public Hearing Meeting
Saturday, January 22, 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: Mrs. Lawson, 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 Services; Mrs. Godwin, Director of Management and Budget; Ms. Plemmer, Assistant City Manager; Police Chief Samarra; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Beeton, Urban Planner, Planning and Zoning; Mr. Ruller, Acting Director of Transportation and Environmental Services; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Fire Chief Hawkins; Mr. Noelle, City Arborist; Mr. Dieruf, Assistant City Arborist; Ms. Pullen, Director of Animal Shelter; and Lieutenant Butler, Police Department.

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

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 for Councilman Cleveland who arrived at 9:35 a.m., and Council Member Rich who was ill.

2. Public Discussion Period.

(a) Elizabeth C. Rudd, 2121 Jamieson Avenue, #1801, representing Carlyle-Eisenhower Civic Association and the Citizens Coalition Against King-Duke Gridlock, addressed traffic and funding issues related to the PTO.

(b) Alan N. Rudd, 2121 Jamieson Avenue, #1801, representing Carlyle-Eisenhower Civic Association, spoke against the PTO which would create increased traffic and gridlock.

(c) George Hamilton, 400 Yale Drive, representing Citizens’ Coalition Against King-Duke Gridlock, spoke against the PTO due to the increased traffic generated by its construction, and read letter dated January 16, 2000, to Congressman Shuster from Alan Rudd.

(d) Mark Fields, 4432 Round Hill Road, on behalf of the Alexandria Chamber of Commerce, spoke in support of bringing the PTO to Alexandria.

(e) Julie Crenshaw, 816 Queen Street, spoke in support of enacting an ordinance with respect to traveling circuses.

Vice Mayor Euille indicated that we should be looking at this ordinance in terms of all animals.

Councilman Cleveland spoke to the proposed ordinance.

(f) James Gibson, 1317 Knox Place, spoke on behalf of citizens to keep Burke Library open because it makes the lives of those who live near it better.

(g) William Dickinson, 805 Quaker Lane, president of Seminary Hill Association, spoke to keeping the Burke Library open for those who do not have mobility and for whom the Burke facility was an essential component of their community. He indicated that there are many people who do not know how to access the open process when the issue of addressing the closing of the library was up for consideration. He suggested that there be some conversation with the City Council and the School Board to make some accommodation for some type of library information resource for people for whom these facilities are really essential.

Mayor Donley spoke about making some type of accommodation by working in conjunction with the school staff and the City’s library staff. He asked that we look at some type of provision that would be a community room, a community reading center or resource center that would not only work in conjunction with the school system but also the library as well. This would potentially enable people to come to this community center or facility to possibly check out books that have been delivered, that can be ordered on-line or phoned in, and have them delivered by the Bookmobile. He indicated that there are some creative ways that we could look at it and the process needs to start now in conjunction with the School Board as a possibility.

Members of Council participated in the discussion.

(h) Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, addressed the staff memorandum for the January 25, 2000 Council Meeting regarding the pilings at the Old Town Yacht Basin. He indicated in the order of priority if there are limited funds to upgrade Windmill Park, the OTCA would first like to see the Wilkes Street tunnel trail straightened for safety reasons with the relocation of the volleyball court that’s in the way to a position slightly north; the real priority would be irrigating the entire Windmill Park because in the summertime when we have the numerous droughts, there is nothing but hard baked clay there on which the kids play; water fountains put in by the basketball court; a sidewalk along the north side of Gibbon Street; and OTCA would like to see the sidewalks on either side of the 500 block of South Union Street widened, covered with brick, and would like to see the utilities undergrounded.










REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3 - 9)

Planning Commission

3. SPECIAL USE PERMIT #99-0144 -- 106 N LEE ST -- PINEAPPLE TEA ROOM -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: The Pineapple Inc., by Sherry McMahon.
(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/22/00, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #99-0145 -- 517 WYTHE ST -- TOUCH OF PEACE -- Public Hearing and Consideration of a request for a special use permit for a massage establishment with a parking reduction; zoned CD/Commercial Downtown. Applicant: Maggie Wissert, Touch of Peace.
(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/22/00, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0146 -- 612 NOTABENE DR, #9 -- COMMUNITY LODGINGS -- Public Hearing and Consideration of a request for a special use permit for a community center with a parking reduction; zoned RA/Residential. Applicant: Community Lodgings Inc., by James Garrett.
(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/22/00, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #99-0147 -- 2381 DOVE ST -- CLASSIC COFFEE WORKS -- Public Hearing and Consideration of a request for a special use permit for a wholesale business; zoned OCM-50/Office Commercial Medium. Applicant: Classic Coffee Works and Brewmaster Inc., by Richard B. Danyliw.

(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/22/00, and is incorporated herewith as part of this record by reference.)






7. SPECIAL USE PERMIT #99-0155 -- 1767 KING ST -- SEAGAR'S RESTAURANT -- KING ST METROPLACE HILTON HOTEL -- Public Hearing and Consideration of a request for a special use permit amendment for a restaurant; zoned OCH/Office Commercial High. Applicant: LNR Alexandria Limited Partnership, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/22/00, and is incorporated herewith as part of this record by reference.)

8. ENCROACHMENT #99-0008 -- #1 & #2 KENNEDY ST; 3000 block MT VERNON AV -- WARWICK VILLAGE -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for two brick piers for entrance signs; zoned RA/Residential. Applicant: Warwick Village Citizens Association, by Robert S. Larson.

(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/22/00, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #99-0143 -- 218-228 N PAYNE ST -- Public Hearing and Consideration of a request for a special use permit to allow a minimum lot area of less than 1980 square feet for three new lots, with site plan modifications of open space and lot width, and a reduction of off-street parking; zoned RB/Residential. Applicant: Charles and Mildred Curtis, by John Savage, architect.

(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/22/00, 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 Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Action Consent Calendar as presented with the notation that in docket item no. 8, the applicant should read: "Warwick Village Citizens Association." The recommendations are as follows:

3. City Council approved the Planning Commission recommendation.

4. 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.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

10. Public Hearing and Consideration of Acceptance of a Renewal Grant for the Law Enforcement Block Grant Program for FY 2000.

(A copy of the City Manager's memorandum dated January 11, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No 10; 1/22/00, 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.

Chief Samarra responded to questions asked by Council.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council held the public hearing and (1) accepted the grant award, in the amount of $189,982, of which 90 percent, or $170,984, will be federal funds, and 10 percent, or $18,998, will be provided from the FY 2000 Police Department operating budget for the local match; (2) there were no speakers on this item during the public hearing; therefore, comments were not received on the grant as required by the U.S. Department of Justice; and (3) authorized the City Manager to execute any documents that may be required to receive the grant and release the grant funds to the City for expenditure. The voting was as follows:

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

11. Public Hearing and Consideration of the Spring 2000 Gypsy Moth Suppression Program for Two Areas of the City.

(A copy of the City Manager's memorandum dated January 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/22/00, and is incorporated herewith as part of this record by reference.)



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

Lois Kelso Hunt, 310 Park Road, read a letter from Paula Sullivan and suggested hiring a tree service to scrape egg masses in the Seminary Hills area and questioned the need to spray.

Mr. Dieruf, Gypsy Moth Coordinator, spoke to the recent survey.

Mr. Noelle, City Arborist, also participated in the discussion.

Councilwoman Pepper suggested that staff look at two other sections within the Seminary Hills area so that staff could have collaborative information. Mr. Dieruf, Gypsy Moth Coordinator, indicated that Paula Sullivan as well as Lois Kelso Hunt have volunteered to assist him in doing this again.

Bill Dickinson offered to the City to utilize the Seminary Hills website to post information on the Gypsy Moth Program, including information to homeowners that maybe are not directly in the infected area, on how to properly ban, how to do surveys, how to do dispose of the remains, etc.

Councilwoman Pepper suggested that the City put this information on the City’s website and Seminary Hills could link to it.

Director of Recreation, Parks and Cultural Activities Whitmore noted that they will have another informational meeting on February 16, from 6:00 p.m. to 9:00 p.m. at The Lee Center. She stated that any time somebody objects that the City has to put up a 200 foot buffer zone, and it will not spray but will find an alternative method whether it is ground spraying or scraping as has been suggested.

The intent of the following motion is not to have another public hearing on this item, but it is to be dealt with at the staff level.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the 2000 gypsy moth suppression program as recommended by staff, as amended, with the following components: (1) move forward with aerial application of Bacillus thuringiensis (B.t.) over 86 acres in North Ridge, but when it comes to Seminary Hill, staff would go out into the area to look at some different sections within the same area to verify the original findings and that Paula Sullivan as well as Lois Hunt would have some input into that process and come to an agreement as to whether or not spraying really needs to be done, and we would leave that on the Department level. This program will be carried out the first week in May, depending on weather conditions, in cooperation with the Virginia Department of Agriculture and Consumer Services (VDACS); (2) declaration that the aerial and ground spray programs are to be voluntary, that a 200-foot buffer zone will be maintained around the property of any objector, and that ground spraying will be provided for those desiring their properties to be treated within the buffer areas surrounding the objectors and in other locations specified by the City Arborist; (3) authorization for the City Manager to enter into an agreement with a private contractor for the ground spray application of B.t.; and (4) implementation of other gypsy moth suppression measures to include the distribution of burlap for banding trees and educational materials in cooperation with the Virginia Department of Agriculture and Consumer Services. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

12. DEVELOPMENT SITE PLAN #99-0027 -- 1708-1710 PRINCE ST -- PRINCE ST OFFICE BUILDING -- Public Hearing and Consideration of an appeal from the decision of the Planning Commission, on November 4, 1999, denying a request for a development site plan to construct an office building located at 1708-1710 Prince Street, zoned OCH/Office Commercial High. APPLICANT AND APPELLANT: Mark H. Fields, engineer, by Robert L. Calhoun, attorney. (#18 12/18/99)
(A copy of the Planning Commission report dated November 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated January 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calhoun's letter dated January 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 12; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of a letter from the Upper King Street Neighborhood Civic Association dated January 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 12; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of a letter from the Upper King Street Neighborhood Civic Association dated January 24, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 12; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated November 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 12; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hunt's letter dated December 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of Item No. 12; 1/22/00, and is incorporated herewith as part of this record by reference.)

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




Robert L. Calhoun, attorney for the applicant, spoke in support of the application with the compromise which includes two new conditions recommended in Mr. Lynn's memorandum;

Jack Sullivan, 4300 Ivanhoe Place, spoke in support of the compromise and indicated that Judy Miller had to leave the meeting but had stated that she was opposed to the building as it was originally designed. Mr. Sullivan suggested more detailed guidelines for this area to prevent similar problems in the future;

Marguerite Lang, 14 West Rosemont Avenue, spoke to the new conditions and suggested a third condition to end the practice of filling all of the crown cover; and

Katy Cannady, 20 East Oak Street, spoke to the compromise and requested the requirement of on-site landscaping.

Mr. Calhoun spoke to staff recommendation #3, while that is not specifically proposed as a condition, he assured Council, on the record, that the applicant is going to make every effort to do exactly what [Ms. Lang and Ms. Cannady spoke to with respect to landscaping.] He stated that it is in the owner’s interest, since the owner wants to rent this building to tenants, to make it attractive visually. To the extent possible, they are going to do landscaping there. He indicated that they will work with City staff, with the Recreation and Parks staff, the City Arborist, the Planning staff, etc., to achieve that result. They should be assured that that will happen.

Mr. Calhoun noted that if it is the City’s desire to have certain design guidelines in this area, he thinks the City should do that.

Mayor Donley suggested that Council might want to consider the creation of some type of task force similar to what it did with Washington Street, but expressed concern about staff resources at this time. The creation of a King Street/Metro Task Force that looks at design criteria is probably advisable.

Council Member Walker noted that the King Street Area Task Force which met for several years does include citizen groups, landowners and members of KISMET, so that could actually be the beginning of a focus for a new group rather than creating a new group.

Councilwoman Pepper asked questions about from what material the facade would be made.

Mr. Calhoun stated that cinder block or cement block would not be used.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the application, subject to compliance with all applicable codes, ordinances and staff conditions, and included new conditions #23, and #24, as outlined in the memorandum from Sheldon Lynn dated January 20, 2000. The voting was as follows:

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

Board of Architectural Review

13. CASE BAR-99-0163 -- Public Hearing and Consideration of an Appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on November 17, 1999, denying a request for approval of new siding to be installed at 615 South Pitt Street, zoned RM Residential. APPLICANT AND APPELLANT: Messrs. Connelly and Savino by Thomas Connelly.

BOARD ACTION: Denied 5-1

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of a letter of withdrawal dated January 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated November 30, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 13; 1/22/00, and is incorporated herewith as part of this record by reference.)

Without Objection, City Council noted the withdrawal of this item.

14. SPECIAL USE PERMIT #99-0124 -- 1120 KING ST -- DANCING PEPPERS -- Pubic Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Dancing Peppers Inc., by Alfred W. Shriver, III.
(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/22/00, and is incorporated herewith as part of this record by reference.)

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

Trip Shriver, 1005 Oronoco Street, applicant, spoke in support and requested that condition #24 as recommended by the Planning Commission be deleted;

Richard L. Shearer, Jr., 2509 Dewitt Avenue, representing Shearer Classics Ltd, expressed concern about noise and spoke in support of conditions #23 and #24; and

Jon Wilbor, 310 South Lee Street, representing Old Town Civic Association, endorsed the Planning Commission conditions.

General Discussion. Members of Council, Planning and Zoning Director Lynn, Planning and Zoning Deputy Director Ross, and City Attorney Sunderland 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 recommendation of the Planning Commission with the following amendments: deleted condition #24, and amended condition #12 to read: "12. Live entertainment shall be permitted to provide background ambient music to dining patrons." The voting was as follows:

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

15. TEXT AMENDMENT #99-0010 -- EISENHOWER AVENUE -- Public Hearing and Consideration of an amendment to Sections 4-1002, 4-1003, 4-1102 and 4-1103 of the Zoning Ordinance to make residential uses in the OCH and OCM(100) zones within 1,000 feet of Eisenhower Avenue special uses.
(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of the Budget and Fiscal Affairs Advisory Committee memorandum dated January 18, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Dickinson's e-mail dated January 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Emrich and Ms. Puskar's letter dated January 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 15; 1/22/00, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille questioned Planning and Zoning Lynn as to why this came forward as a text amendment and not as a study as requested.

Planning and Zoning Director Lynn responded that a good deal of study went into the development of the Master Plan, and secondly, in their analysis of vacant land within the City and the availability of vacant land. Staff presented those findings at the Retreat.

General Discussion. Members of City Council and Planning and Zoning Director Lynn participated in the discussion.

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






Cathy Puskar, 2200 Clarendon Boulevard, Suite 1300, Arlington, VA, attorney representing JPI Apartment Development LP and Eisenhower LLC (KSI), spoke against the text amendment with respect to fairness and process. She noted that the two applicants had submitted preliminary site plan applications on August 20, 1999, have been working with staff, and requested that they be grandfathered;

Hugo Blankingship, 4020 University Drive, Fairfax, VA, attorney representing Virginia B. Gunnell, spoke against the text amendment and stated that his client has her property under contract with KSI. He indicated that the contract was negotiated in reliance by both parties, the buyer and the seller, that the projected development was going to be by-right. He stated that Mrs. Gunnell received a notice from Mr. Lynn dated late December. She received it some time between Christmas and New Year's for a hearing that was to take place four days after the Millennium on January 4. Within that period of time, in consultation with Ms. Puskar, he appeared before the Planning Commission and presented them with a letter in protest. He stated that the fair thing to do is to grandfather the Gunnell property and exclude it from the special use permit requirement;

Councilman Speck directed questions to Mr. Blankingship.

Mayor Donley spoke to the dates that the pending preliminary site plans were filed.

Jonathan Rak, 11320 Random Hills Road, Fairfax, VA, attorney representing Trammel Crow, 5000 Eisenhower Avenue, spoke against the text amendment; stated that his client has a preliminary site plan pending which was submitted in December; and should this be adopted, he requested that this property be grandfathered;

Roger McClure, 500 North Washington Street, attorney representing Phillips Industrial Associates LP, and which has a contract with Trammell Crow, spoke against the text amendment; and noted that there is no demand for a commercial use in the foreseeable future;

Bill Dickinson, 805 Quaker Lane, representing Seminary Hill Civic Association, spoke in support of the text amendment;

Jack Sullivan, 4300 Ivanhoe Place, spoke in support; and

Alan M. Rudd, 2121 Jamieson Avenue, #1801, representing Carlyle-Eisenhower Civic Association, spoke against and requested that this should be properly studied in a comprehensive way.

There was considerable discussion on this item amongst City Council, Planning and Zoning Director Lynn, and Planning Division Chief Johnson.

WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Councilman Speck, to approve the Planning Commission recommendation.

There was discussion on the motion.



WHEREUPON, a motion was made by Vice Mayor Euille, seconded by Council Member Walker to amend the current motion that's on the floor to have an effective date of November 9, 1999, relative to the submitted site plans.

There was discussion on the amendment.

WHEREUPON, Council returned to the motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 4-to-2, City Council amended the current motion that's on the floor to have an effective date of November 9th [which would permit preliminary site plans filed before November 9th to proceed under the normal site plan provisions and not be subject to the text amendment.] The voting was as follows:

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

THEREUPON, Council returned to the main motion made by Councilwoman Pepper, seconded by Councilman Speck and carried on a vote of 5-to-1, City Council approved the recommendation of the Planning Commission for the text amendment and with the amendment that the text amendment be effective November 9th [to permit the preliminary site plans filed before November 9th to proceed under the normal site plan provisions and not be subject to the text amendment.] The voting was as follows:

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

16. DEVELOPMENT SPECIAL USE PERMIT #99-0057 -- 118 KING ST -- STARWOOD -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to expand the existing building, with an increase in floor area and modifications to landscaping and zone transition setback; zoned CD/Commercial Downtown. Applicant: Starwood Urban Retail VIII, by Duncan W. Blair, attorney.
(A copy of the Planning Commission report dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/22/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Wilbor's note pertaining to the architecture is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 1/22/00, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, P. O. Box 1988, attorney representing the applicant, spoke in support; and



Jon Wilbor, 310 South Lee Street, representing Old Town Civic Association, spoke against and expressed concern about the architecture.

General Discussion. Members of City Council and the City Attorney participated in the discussion.

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

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

ORDINANCES AND RESOLUTIONS

The City Clerk corrected the title of the ordinance to read as follows:

17. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by (a) prohibiting the running-at-large of exotic or poisonous animals and requiring the owner of any such animal to pay for the costs incurred by the city in capturing the animal, (b) authorizing law enforcement officers, as well as animal control officers, to impound dogs running-at-large in violation of city regulations, (c) authorizing the quarantine of animals, in addition to dogs, that have bitten a person, and (d) providing for the issuance of dog and cat tags without identification of the animal's sex. (#17 1/11/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/22/00, 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.

Members of Council directed questions to Animal Shelter Director Pullen.

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

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

The substitute ordinance reads as follows:

ORDINANCE NO. 4101

AN ORDINANCE to amend and reordain Sections 5-7-31 (DEFINITIONS), 5-7-32 (RUNNING AT LARGE PROHIBITED) and 5-7-33 (OWNERS AND CUSTODIANS NOT TO LET DOGS RUN AT LARGE), subsection (a) of Section 5-7-34 (IMPOUNDING OF DOGS RUNNING AT LARGE; REDEMPTION OF IMPOUNDED DOGS; DISPOSITION OF UNREDEEMED DOGS) and subsection (d) of Section 5-7-36.2 (DANGEROUS DOG PERMIT), and Sections 5-7-37 (IMPOUNDING OF VICIOUS DOG; CONFINEMENT OF DOG WHICH HAS COMMITTED AN ATTACK) and 5-7-50 (SAME--COMPONENTS; INFORMATION TO BE ON TAGS), Article C (DOGS AND OTHER ANIMALS), all of Chapter 7 (ANIMALS AND FOWL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-7-31 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. 5-7-31 Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purposes of this article, have the following meanings:

(a) Animal control officer. Any person appointed as the chief animal control officer or a deputy animal control officer under section 5-7-44 of this code.

(b) Animal shelter. The facility designated by the city manager for the detention of animals.

(c) Dangerous dog. Any dog which is capable of inflicting death or serious injury on a person or another animal and which:

(1) has, without provocation, attacked or bitten a person engaged in a lawful activity;

(2) has, while off the property of its owner and without provocation, killed or seriously injured another animal;

(3) has, without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack;

(4) has exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of persons or other animals without provocation; or

(5) has acted in a manner that causes or should cause its owner to know that it is potentially vicious.

(d) Dog. The word “dog” shall include both the male and female sex of the species.

(e) Dwelling unit. A group of one or more rooms designed or intended for use as a residence, including a single-family home, a townhouse, a duplex, a condominium and an apartment.

(f) Exotic animal. Any live monkey, alligator, crocodile, cayman, sea mammal, poisonous snake, member of the feline species other than domestic cat(felis domesticus), or member of the canine species other than domestic dog (canis familiaries), or any other animal that would require a standard of care and control greater than that required for customary household pets.

(g) Hearing dog. Any dog specially trained to alert its owner by touch to sounds of danger or other sounds to which the owner should respond.

(h) Law enforcement officer. Any employee of the Alexandria police department who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic and highway laws of the Commonwealth.

(i) Owner. A person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has it in his care or control, or who acts as its custodian, and any person who permits a dog or cat to remain on or about any premises occupied by him.

(j) Run or running at large. Roaming or running by an animal off the property of its owner and not under its owner’s immediate control.

(k) Seeing-eye dog. Any dog that is specially trained to serve as a guide for a blind person.

(l) Service dog. Any dog that is specially trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or performing other activities of service or support.

(m) Vicious dog. Any dog which:

(1) has caused death or serious injury to a person engaged in a lawful activity;

(2) has, on two or more occasions within a 12-month period, attacked or bitten without provocation a person engaged in a lawful activity;

(3) has, on two or more occasions within a 12-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; or

(4) has been trained for dog fighting or is owned or kept for the purpose of dog fighting.

Section 2. That Section 5-7-32 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. 5-7-32 Running at large prohibited.

No dog or exotic or poisonous animal shall run at large within the city at any time.

Section 3. That Section 5-7-33 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. 5-7-33 Owners and custodians not to let dogs or exotic or poisonous animals run at large.

It shall be unlawful for the owner or custodian of any dog or exotic or poisonous animal to permit his dog or exotic or poisonous animal to run at large in the city at any time. Any owner or custodian who permits his exotic or poisonous animal to run at large shall, in addition to any penalty provided under this article, be liable for a fee determined by the city manager to cover the costs incurred by the city in locating and capturing, or otherwise disposing of, the animal.

Section 4. That subsection (a) of Section 5-7-34 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:

(a) Any dog observed by an animal control officer or a law enforcement officer to be running at large shall be impounded and kept at the animal shelter. If the dog has upon it the name or address of the owner, or such name or address is otherwise known to the operators of the animal shelter, then the operators of the animal shelter shall notify the owner within 24 hours after seizure of the dog. If the dog has upon it a license tag, then the operators of the animal shelter shall notify the person in whose name the license stands within 24 hours after obtaining the name. Notice of the impounding shall be in writing by mail, postage prepaid, and shall be construed as having been given at the time of posting thereof. If the dog impounded has no name, address or license tag upon it and the owner is not otherwise known to the operators of the animal shelter, then no notice shall be necessary. Notwithstanding the above, whenever written notice is required the operators of the animal shelter shall, prior to mailing, make one reasonable attempt to give notice by telephone.

Section 5. That subsection (d) of Section 5-7-36.2 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:

(d) Request for rescission or modification of permit by chief animal control officer; fee; information required. An owner of a dangerous dog who believes that the dog is no longer dangerous within the meaning of section 5-7-31(d) or that certain requirements set out in the dog’s permit are no longer necessary for the protection of the public and other animals may request the chief animal control officer to rescind the determination that the dog is a dangerous dog or to delete or modify those permit requirements; provided, that no such request may be made within the first 12 months following the initial determination that the dog is dangerous. Such a request must be accompanied by the fee required by subsection (e). In reviewing such a request, the chief animal control officer may require the owner to produce the dog for inspection, to allow the chief animal control officer to observe the dog in its natural habitat and to submit information pertinent to the dangerousness of the dog. In the event the chief animal control officer determines that the dog is no longer dangerous, the permit issued under this section shall be revoked. In the event the chief animal control officer determines that the dog still constitutes a dangerous dog but that certain requirements contained in the permit are no longer necessary, he/she may delete those conditions from the permit or modify them.

Section 6. That Section 5-7-37 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. 5-7-37 Impounding of vicious dog; confinement of animal which has committed an attack.

(a) Whenever a summons or notice of violation is issued against the owner of a dog charging maintenance of a vicious dog, the dog in question shall be impounded and kept at the animal shelter, at the owner’s expense, pending final disposition of the case, provided such animal is not destroyed as provided by section 5-7-39.

(b) Whenever a report is made, as provided by section 5-7-40, of a person having been bitten by an animal or a notice is received by the police department, the health department, an animal control officer or the operators of the animal shelter of an animal having bitten a person or another animal, and, in the case of a dog, no summons or notice of violation has been issued under section 5-7-37 charging maintenance of a vicious dog, an animal control officer shall forthwith issue an order to the owner of the animal directing that the animal be confined under quarantine and kept under observation on the premises of the owner, or of a private kennel for a period of 10 days following the issuance of the order at the expense of the owner, during which time the animal shall never leave the premises, and the order shall be served upon the owner by an animal control officer in the manner provided by section 8.01-296, Code of Virginia. If, within the ten-day period, an authorized representative of the director of public health or a licensed veterinarian reports that the animal shows no symptoms of rabies and, in the case of a dog, no summons or notice of violation has been issued under section 5-7-37, the animal shall be released from quarantine. If a report of rabies is made or if, in the case of a dog, a summons or notice of violation is issued before the expiration of the ten-day period, the animal shall be immediately removed by an animal control officer to the animal shelter pending a final disposition of the case; and costs to keep the animal at the animal shelter shall be charged to its owner.

(c) If an owner does not comply with the provisions of an order issued pursuant to this section within 24 hours from the time he is served, the animal in question shall be impounded by an animal control officer, at the animal shelter, and kept under observation at the owner’s expense for a period of 10 days, and the owner shall be charged with a violation of this section.

Section 7. That Section 5-7-50 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. 5-7-50 Same--components; information to be on tags.

A dog or cat license shall consist of the receipt referenced in section 5-7-49 and a tag of a style adopted by the city. A tag shall be stamped or otherwise permanently marked to show the serial number, the calendar year for which issued and the name of the city.

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

KERRY J. DONLEY
Mayor


Introduction: 1/11/00
First Reading: 1/11/00
Publication: 1/12/00; 1/13/00
Second Reading: 1/22/00
Final Passage: 1/22/00
* * * * *

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by authorizing up to 50 parking spaces on streets adjacent to the United States Courthouse in the Carlyle project to be used, without limitation during working days, by individuals who have been called to jury duty. (#18 1/11/00) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated January 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/22/00, and is incorporated herewith as part of this record by reference.

The City Clerk read the docket item.

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

Norman Meyer, 401 Courthouse Square, U.S. District Court Clerk, spoke in support and answered questions of Council.

WHEREUPON, upon motion by Vice Mayor Euille, 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:

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

The ordinance finally passed reads as follows:



ORDINANCE NO. 4102

AN ORDINANCE to amend Article F (PARKING PERMIT DISTRICTS) of Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Section 5-8-81 (FEDERAL COURTHOUSE PARKING ZONE).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article F, of Chapter 8, Title 5 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 5-8-81 to read as follows:

Sec. 5-8-81 Federal Courthouse Parking Zone.

(a) The director of transportation and environmental services is authorized to establish a permit parking zone for jurors and witnesses attending the United States Courthouse located in the city.

(b) Such zone shall consist of not more than 50 parking spaces on Elizabeth Lane and Ballenger Avenue, the location of which shall be determined by the director.

(c) Parking permits for witnesses and jurors attending the United States Courthouse shall be issued by the Clerk of the United States District Court for the Eastern District of Virginia, and the Office of the United States Attorney, and the form thereof shall be approved by the director.

(d) Any limitations on the hours during which vehicles may park on streets within the parking zone established pursuant to subsection (a) shall not apply to vehicles parked in the zone and displaying in their windshield a permit issued under subsection (c). The director shall post signs regulating parking in such spaces, which provide that the limitations as to hours of parking shall not apply to vehicles displaying a permit.

(e) This section shall expire on January 22, 2003.

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


KERRY J. DONLEY
Mayor
Introduction: 1/11/00
First Reading: 1/11/00
Publication: 1/12/00; 1/13/00
Second Reading: 1/22/00
Final Passage: 1/22/00
* * * * *




OTHER

19. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated January 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/22/00, and is incorporated herewith as part of this record by reference.)

There was discussion with respect to the suggested dates for the work session and the public hearing regarding the PTO. It was determined that the possibility of March 13, would be for the work session, and March 21, as the preference for the public hearing.

There was no formal Council action taken today and a revised schedule will be brought back on Tuesday, January 25, at which time the starting times will also be determined.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (20 - 23)

Planning Commission (continued)

20. 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.

21. SPECIAL USE PERMIT #99-0109 -- 711 KING ST -- AROMID ITALIA RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: James Lee.

22. 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.

COMMISSION ACTION: Deferred (Applicant's request)

23. 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.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the deferrals and dismissal.
* * * * *

New Business Item No. 1: WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those, at 1:25 p.m., City Council convened an executive session at this time for the purpose of discussing and considering the acquisition of real property for the public purpose, pursuant to the Virginia Code § 2.1-344(A)(3). The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "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 2:10 p.m., the Meeting was reconvened. 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. 1946

WHEREAS, on this 22nd day of January 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.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, at 2:12 p.m., the Public Hearing Meeting of Saturday, January 22, 2000, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:




_____________________________________________
Beverly I. Jett, CMC City Clerk





City Council adjourned the Meeting at 2:12 p.m.




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.
* * * * *