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Public Hearing Meeting
Saturday, November 13, 1999 - - 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: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Fire Chief Hawkins; Ms. Plemmer, Assistant City Manager; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. Dahlberg, Director of Code Enforcement; Mr. Jinks, Director of Financial and Information Technology Services; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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The Mayor and Members of City Council attended a groundbreaking ceremony for the Cameron Station parks at 8:30 a.m.
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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.

New Business Item No. 1: Council Member Rich announced that he will not be seeking re-election to the City Council in the upcoming election.
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2. Public Discussion Period.

(a) John T. Brown, 2425 Mount Vernon Avenue, stated that the residents of 2425 Mount Vernon Avenue have been denied the issuance of parking stickers for their vehicles which would allow them to park without receiving a parking citation. He indicated that there are several businesses in the area and that parking is limited. He stated that the two-hour parking zone was installed to accommodate the clients and customers of these businesses with no consideration of people who reside in this area. He requested that if the two-hour time restrictions cannot be waived, that he at least be given some type of sticker for his car which would allow him to park at his home for more than the two-hour limit.

City Manager Lawson requested staff to meet with Mr. Brown to go over the issue and come up with a resolution so that he has a parking space near his home on Mount Vernon Avenue.

(b) Audrey Williams, 801 North Fairfax Street, representing the Chamber of Commerce, spoke in support of the PTO coming to Alexandria.

(A copy of Ms. Williams' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(b); 11/13/99, and is incorporated herewith as part of this record by reference.)

(c) Jim Fowler, 801 North Fairfax Street, representing the Chamber of Commerce, spoke in support of the PTO coming to Alexandria.

(d) Mary Means, 108 Commerce Street, spoke in support of PTO coming to Alexandria.

(e) Joe Gerard, 1401 Knox Place, on behalf of petitioners, requested that the Burke Library remain open.

(A copy of the petition containing 1,963 signatures is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(e); 11/13/99, and is incorporated herewith as part of this record by reference.)

(f) Don Fullerton, 1407 North Pickett Street, on behalf of petitioners, requested that the Burke Library remain open.

(g) Eileen Bradley, 4705 West Braddock Road, #303, spoke in support of keeping the Burke Library open.

Vice Mayor Euille encouraged the City staff and the Library staff to continue dialoguing with the citizens in terms of what are some of the things that can be done, whether it's a bookmobile or whether it's trying to insure shuttle bus service via the City DASH buses. He indicated that Library Director O'Brien mentioned that there will be a delivery service offered from the new library to the neighborhood. He also indicated that there is an initiative being developed to have a depository of books available and accessible in the various apartment buildings in the same neighborhood.

Mayor Donley stated that Council will take the speakers' suggestions and petition under advisement; however, he didn't want to create an expectation that the City is going to be able to meet what really is a reasonable demand due to the other competing demands, particularly for capital dollars as well as operating dollars.












(h) Julie Crenshaw, 816 Queen Street, spoke to the City Attorney's discussion of the Woodrow Wilson Bridge project at Council's Retreat. She addressed the Eisenhower access with a ten-lane bridge. She noted that there will be a meeting at the Design Center on Monday, from 6:30 p.m. until 9:00 p.m. where there will be the display of ten-lane designs. She stated that the Coalition for a Sensible Bridge has said in the 14 points that were given to the Design Center that we do not want to see any additional interchanges east of 210 nor west of Route 1 excepting what you might do for the Eisenhower access. She suggested that someone ask them to include what would happen for an Eisenhower ramp with a ten-lane bridge. She also suggested that someone look at the ability for there to be an Eisenhower access with a tunnel. In addition, she spoke against an urban deck.

(A copy of Ms. Crenshaw's handout is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(h); 11/13/99, and is incorporated herewith as part of this record by reference.)

(i) John Chapman Gager spoke.
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New Business Item No. 2: Councilman Cleveland spoke to the ARHA Commissioners' total failure to properly, fairly and expeditiously handle the disposition of the Samuel Madden homes. He spoke to the HUD letter dated November 12, 1999, to William Dearman.

Vice Mayor Euille suggested that the City Council request the ARHA Commission to have a work session as soon as possible to talk about just where it is and what plans and responses it has to address this issue with respect to the HOPE VI funding; secondly, the repercussions if this project goes into receivership; and thirdly, in terms of what we are going to do to address the needs with regards to families that presently live in substandard conditions.

Council Member Rich stated that we need to do a special work session next week. In connection with such a meeting, he would like staff to give Council a report of, at least, the current history of the litigation.

City Manager Lawson noted that the ARHA Board is having a special meeting on Monday night and staff can explore having a work session which can be addressed by the Board at its meeting.

Mayor Donley expressed concern about this issue and the people who are living in the Berg in substandard housing. Mayor Donley stated that all parties need to be brought together to come up with a compromise or workable plan that can go forward.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-10)

Planning Commission

Without objection, City Council removed docket item nos. 7, 8, and 10 from the Action Consent Calendar and considered them under separate motions.

3. DEVELOPMENT SPECIAL USE PERMIT #99-0048 --1200 N QUAKER LA -- EPISCOPAL HIGH SCHOOL DORMITORY -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a school dormitory; zoned R-20/Residential. Applicant: Episcopal High School, by Robert J. Gagne, Jr., engineer.

COMMISSION ACTION: Recommend approval 7-0

(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. 3; 11/13/99, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #99-0059 -- 4115 MT VERNON AV -- PIZZA HUT -- Public Hearing and Consideration of a request for a special use permit to expand the hours of operation of the existing restaurant; zoned CL/Commercial Low. Applicant: Pizza Hut Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

(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. 4; 11/13/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0104 -- 5400 EISENHOWER AV, UNITS C & D -- CYBER MEDIA SERVICES -- Public Hearing and Consideration of a request for a special use permit for a commercial school with a reduction of off-street parking; zoned OCH/Office Commercial High. Applicant: Cyber Media Services Inc., by Amir Ayazi.

COMMISSION ACTION: Recommend approval 7-0

(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. 5; 11/13/99, and is incorporated herewith as part of this record by reference.)









6. SPECIAL USE PERMIT #99-0110 -- 2400-B MT VERNON AV -- TAQUERIA POBLANO RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing restaurant; zoned CL/Commercial Low. Applicant: Taqueria Poblano Inc., by Robert J. Test, attorney.

COMMISSION ACTION: Recommend approval 7-0

(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. 6; 11/13/99, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #99-0115 -- 201 HUME AV -- Public Hearing and Consideration of a request for a special use permit to change a nonconforming use from a grocery store to artist studios with accessory residential; zoned R-2-5/Residential. Applicant: Andrew Wingfield and Tania Karpowitz.

COMMISSION ACTION: Recommend approval 7-0

(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. 9; 11/13/99, 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 Council Member Walker and carried unanimously, City Council approved the Action Consent Calendar with the exception of docket item nos. 7, 8, and 10, which were considered under separate motions. 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.

9. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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





7. SPECIAL USE PERMIT #99-0116 -- 18 ROTH ST -- Public Hearing and Consideration of a request for a special use permit to operate a commercial dance school; zoned CG/Commercial General. Applicant: Lioudmila A. Blinov, trading as Dance Studio Lioudmila.

COMMISSION ACTION: Recommend approval 7-0

(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. 7; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of a withdrawal letter from Ms. Blinov dated November 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 11/13/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the withdrawal of this special use permit. The voting was as follows:

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

8. DEVELOPMENT SPECIAL USE PERMIT #99-0047 -- 6346 STEVENSON AV -- STEVENSON TOWNES -- Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, for construction of townhouses; zoned RB/Residential. Applicant: Robert J. Test, trustee/attorney.

COMMISSION ACTION: Recommend approval 7-0

(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. 8; 11/13/99, and is incorporated herewith as part of this record by reference.)

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

Larry Stansbury, 6101 Edsall Road, expressed concern about parking and parkland;

James W. Cisco, 205 Yoakum Parkway, #207, representing Watergate At Landmark, also expressed concern about parking and suggested that Parks and Recreation put down railway ties to prevent persons from driving into Stevenson Park; and

Ellen Irvine, 234 Stevenson Square, N., representing Norman and Dorothy Irvine, spoke against this application.

Robert J. Test, 401 Wythe Street, attorney representing the applicant, indicated that the parking issue could be built into the association documents.

Staff was requested to look at enforcement mechanisms or other changes to the parking lot to reserve parking for Stevenson Park.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Planning Commission recommendation with the amendment to add a provision in condition #10 in the HOA [documents] that the residents are prohibited to park their vehicles in Stevenson Park. The voting was as follows:

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

10. SPECIAL USE PERMIT #99-0119 -- 3575 JEFFERSON DAVIS HY -- POTOMAC YARD - HOYTS CINEMAS -- Public Hearing and Consideration of a special use permit review for an existing amusement enterprise (theater) and related restaurant; zoned CDD-10/Coordinated Development District. Applicant: Hoyts Cinemas Corporation.

COMMISSION ACTION: Recommend approval 7-0

(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. 10; 11/13/99, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke, for the record, that because a year ago we approved the restaurant with alcoholic beverages, the applicant has indicated that he will not pursue that without coming back for a review before Council regardless of whether it's due or not just to make sure that we have carefully scrutinized everything that has taken place in the operation of the cinema. We want it to succeed but we also recognize that there have been some problems which seem to be improved considerably.

J. Howard Middleton, attorney for the applicant, stated that they agree with this.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation. The voting was as follows:

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

At this point, City Council deferred docket item nos. 13, 14 and 15 to the Tuesday, November 23, 1999 Legislative Meeting.






13. MASTER PLAN AMENDMENT #99-0002 -- REZONING #99-0002 -- 5401 SEMINARY RD -- COCA-COLA -- Consideration of a request for amendment to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and zoning of the subject property to I/Industrial, with proffer limiting use to parking; currently zoned R-20/Residential. Applicant: Coca-Cola Enterprises Inc., by Sarah E. Hall, attorney. (#23 10/16/99)
(A copy of Mr. Lynn's memorandum dated September 22, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 13, 14 and 15; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of Ms. Hall's letter dated October 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 13; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. McCulla's proffers is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 13; 11/13/99, and is incorporated herewith as part of this record by reference.)

14. MASTER PLAN AMENDMENT #99-0009 -- REZONING #99-0009 -- 5188 DAWES AV -- COCA-COLA -- Consideration of a request for amendment to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and zoning of the subject property to I/Industrial, with proffer limiting use to parking; currently zoned R-12/Residential. Applicant: Coca-Cola Enterprises Inc., by Sarah E. Hall, attorney. (#24 10/16/99)
(A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. McCulla's proffers is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 11/13/99, and is incorporated herewith as part of this record by reference.











15. SPECIAL USE PERMIT #99-0088 -- 5401 SEMINARY RD; 5188 DAWES AV -- COCA-COLA -- Consideration of a request for a special use permit for reduced parking; zoned R-20/Residential and R-12/Residential. Applicant: Coca-Cola Enterprises Inc., by Sarah E. Hall, attorney. (#25 10/16/99)
(A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 11/13/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council deferred these items to the November 23, 1999 Legislative Meeting. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

11. Public Hearing on the City of Alexandria, Virginia 1999 Annual Report. (#2(a) 9/18/99)

(A copy of the City of Alexandria, Virginia 1999 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/13/99, and is incorporated herewith as part of this record by reference.)

Marilyn Doherty, 12 West Mount Ida Avenue, representing the League of Women Voters, spoke; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item.

There was considerable Council discussion on her testimony.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council closed the public hearing. The voting was as follows:

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

12. Public Hearing on the Proposed City Legislative Package for the 2000 General Assembly Session. (#9 10/26/99)

(A copy of the City Manager's memorandum dated October 14, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/13/99, and is incorporated herewith as part of this record by reference.



A copy of Ms. Jakopic's letter dated November 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 11/13/99, and is incorporated herewith as part of this record by reference.)

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

Marilyn Doherty, 12 West Mount Ida Avenue, representing the League of Women Voters, spoke in support of Items 2G; 3B; 3C; and 3E; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Ross Bell, 820 South Washington Street, #B-329, representing the Alexandria Environmental Policy Commission, spoke in support of the use of tax credits and other incentives to encourage telecommuting; and

Nancy Turner Thompson, 500 Queen Street, representing the Task Force on AIDS, spoke in support of the additional funding for the AIDS Drug Assistance Program, and in opposition to legislation to punish individuals who know that they are infected with HIV and have sexual contact with other individuals without advising them of their HIV status.

Council Member Rich brought up the living wage issue. He suggested one way to address this is through an earned income tax credit. This is an alternative way to give families that are working some assistance.

There was Council discussion on this issue.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing, and scheduled it for consideration at the December 14, 1999 Legislative Meeting, with the request that staff do some research and develop a response to some of the questions Council Member Rich asked regarding an earned income tax credit. The voting was as follows:

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

16. SUBDIVISION #99-0013 -- 409 EAST ALEXANDRIA AVENUE -- Public Hearing and Consideration of an appeal from a decision of the Planning Commission, on October 5, 1999, denying a request for a subdivision located at 409 East Alexandria Avenue, Zoned R-2-5/Residential. APPLICANT AND APPELLANT: Carl Jon Andreen, by Robert J. Test, attorney.

COMMISSION ACTION: Denied 6-0

(A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/13/99, and is incorporated herewith as part of this record by reference.



A copy of the appeal dated October 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 11/13/99, 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. 16; 11/13/99, and is incorporated herewith as part of this record by reference.)

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

Robert J. Test, 401 Wythe Street, attorney representing the applicant, spoke in support of the appeal;

Larry Robinson, 624 South Saint Asaph Street, representing the Planning Commission, spoke against the appeal and in support of the Planning Commission recommendation;

Roger Allers, 4524 Peacock Avenue, spoke against the appeal;

Rod Kuckro, 209 East Alexandria Avenue, representing Del Ray Citizens Association, spoke against the appeal;

Laura Dove, 411 East Alexandria Avenue, spoke against the appeal;

Angela C. Welsh, 413 East Alexandria Avenue, spoke against the appeal; and

Cindy Savery, 418 East Alexandria Avenue, spoke against the appeal.

Attorney Test provided his rebuttal, and Members of City Council participated in the discussion.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council upheld the Planning Commission recommendation and denied the appeal. The voting was as follows:

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

Whereupon, at 12:45 p.m., City Council broke for lunch and had its work session with the Alexandria Convention and Visitors Association.

Councilman Speck made introductory remarks about marketing of the City through the promotion of tourism.

Peter Greenberg, Alexandria Convention and Visitors Association Chair, and Jo Anne Mitchell, Alexandria Convention and Visitors Association Executive Director, provided Council with an overview of the Alexandria Convention and Visitors Association Annual Report.

The Members of City Council participated in the discussion. There was discussion on the need and location for a new Visitors' Center.

Council Member Rich requested staff to explore the potential use of Burke Library as an alternative location for the Visitors' Center.

Councilman Speck stated the attraction about the Union Station property as a Visitors' Center was you could make it a transportation-oriented Visitors' Center.

The work session was concluded at approximately 1:25 p.m.

(Material pertaining to this work session is on file in the office of the City Clerk and Clerk of Council and is incorporated herewith as part of the record.)

Whereupon, at 1:30 p.m., City Council reconvened the meeting.

17. SPECIAL USE PERMIT #99-0032 -- 1217 FIRST ST -- ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of revocation of a special use permit for the existing automobile repair garage operated by Nasir Kashmiri; zoned CRMU-H/Commercial Residential Mixed Use.

COMMISSION ACTION: Recommend revocation 7-0

(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. 17; 11/13/99, and is incorporated herewith as part of this record by reference.)

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

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

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

18. DEVELOPMENT SPECIAL USE PERMIT #99-0039 -- 1300-1424 ROUNDHOUSE LA; -- 301-317 S PAYNE ST; 326-342 S WEST ST -- OLD TOWN VILLAGE CONDOMINIUM -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, and an open space modification to construct trash enclosures; zoned CRMU-L/Commercial Residential Mixed Use. Applicant: Pulte Home Corporation, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend approval 7-0

(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. 18; 11/13/99, and is incorporated herewith as part of this record by reference.





A copy of Mr. Blair's letter dated November 10, 1999, requesting a deferral, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 11/13/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council deferred this item to the December 18, 1999 Public Hearing Meeting. The voting was as follows:

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

19. SPECIAL USE PERMIT #99-0118 -- 2922 DUKE ST -- SKYHILL SHELL STATION -- Public Hearing and Consideration of a special use permit review of an existing automobile service station with convenience store and restaurant and off-street parking reduction; zoned CG/Commercial General. Applicant: Anjali and Anisha Inc., by Poonam S. Kapani.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/13/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley noted that Mr. Kapani had to leave the meeting and went through the requests of Mr. Kapani.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation with the amendment to delete condition #21. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by revising the regulations governing the real estate tax exemptions and deferrals that are available to eligible elderly and disabled residents of the city. (#10 11/9/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 3, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/13/99, and is incorporated herewith as part of this record by reference.



A copy of Mr. Cox's memorandum dated November 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of Ms. Gilley's memorandum dated November 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 11/13/99, 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:

Marilyn Stephenson, 700 North Mansfield Street, representing the Commission on Aging, addressed the items listed in the Commission on Aging's memorandum; and

Barbara Gilley, 145 Century Drive, #5101, representing the Commission on Persons with Disabilities, endorsed the Commission on Aging's comments on this item.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing and deferred Second Reading and Final Passage to the November 23, 1999 Legislative Meeting with a request that staff give Council an analysis of the recommendations that are being made by the Commission on Aging and the Commission on Persons with Disabilities from the standpoint of fiscal impact. The voting was as follows:

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

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by (a) proscribing certain conduct in city parks and city park areas where prohibited by official sign, (b) authorizing the city manager to post official signs prohibiting such conduct, (c) establishing rules for the location and adequacy of such signs and (d) providing for the imposition of criminal penalties upon persons engaging in the prohibited conduct. (#11 11/9/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum 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. 21; 11/13/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. 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. 4081

AN ORDINANCE to add a new Section 6-1-8 (CONDUCT PROHIBITED BY OFFICIAL SIGN) to Chapter 1 (GENERAL PROVISIONS), Title 6 (PARKS, RECREATION AND CULTURAL ACTIVITIES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 1 of Title 6 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 6-1-8 to read as follows:

Sec. 6-1-8 Conduct prohibited by official sign.

(a) Within the boundary of any public park in the city, it shall be unlawful for any person, contrary to an official sign, to:

(1) remain on the premises after park closing;

(2) swim, wade or bathe, except for the purpose of saving a drowning person;

(3) hunt or fish;

(4) play baseball, football, volleyball, golf, tennis, or other organized games or sports, except in designated areas;

(5) fly any powered model airplane or rocket, or similar device;

(6) camp or use the park for living accommodations;

(9) sell or offer for sale any goods or service;

(10) operate any radio, television, CD, DVD or tape player, or other sound producing device, without the use of headsets or earphones;

(11) ride or operate any bicycle, except on designated bike paths; provided, that this provision shall not apply to law enforcement personnel;


(13) ride or operate any moped or motor vehicle, except in designated areas or on designated paths; provided, that this provision shall not apply to law enforcement personnel and other authorized city employees; and

(14) permit any animal to enter, to be on or to remain on park premises, other than cats, or dogs that are either on a leash or within a designated dog exercise area.

(b) It shall also be unlawful for any person, after having been specifically directed by a police officer, or by an employee of the department of recreation, parks, and cultural activities who is authorized to enforce this section, to cease engaging in conduct that is unlawful under subsection (a), to refuse or fail to cease engaging in the conduct.

(c) The city manager is authorized to post one or more official signs, prohibiting some or all of the conduct specified in subsection (a), in any public park in the city. In determining the conduct to prohibit in a park, the manager shall consider the type and nature of the park, its intended uses and existing facilities, its proximity to residential areas, and such other factors as may be relevant to secure public order and safety in, and the efficient and enjoyable use of, the park.

(d) Official signs posted in a park pursuant to this section shall be located at each principal entrance to the park and, in the case of a linear park, at intervals of not less that 1,000 feet. Additional signs, including signs establishing prohibitions not generally applicable within the park, may be posted so as to give reasonable notice of the prohibition.

(e) As used in this section:

(1) “public park in the city” shall mean any park, plaza, square or other outdoor area open to the general public for active or passive recreational use (i) which is owned in fee by the city, (ii) which is operated by the city under license from the United States or the Commonwealth of Virginia, or an agency thereof, (iii) as to which the city or the United States, or both, hold an easement for public park or waterfront access purposes, or (iv) which is owned or operated by any other public or private entity, so long as the owner or operator thereof has consented, in writing, to the exercise by the city manager of the authority conferred by this section, and the city manager has consented, in writing, to exercise such authority over the area and facilities of such owner or operator.

(2) “camp or use the park for living accommodations” shall mean sleeping, making preparations to sleep (including laying down bedding), storing personal belongings, making a fire, using a vehicle, tent, shelter or other structure for sleeping, digging or earth breaking, or undertaking cooking activities. Any of the listed activities constitute camping or the use of the park for living accommodations when it reasonably appears, in light of all the circumstances, that the person, in conducting the activities, is in fact using the area as a living accommodation, regardless of the actual intent of the person, or the nature of any other activities in which the person may be engaging.





(f) Enforcement and penalties:

(1) This section shall be enforced by any police officer, and, in addition, by any employee of the department of recreation, parks, and cultural activities authorized in writing by the city manager to enforce this section.

(2) Any violation of the provisions of subsection (a) shall be punished as a class four misdemeanor.

(3) Any violation of the provisions of subsection (b) shall be punished as a class two misdemeanor.

(g) Miscellaneous provisions:

(1) The provisions and penalties of this section are cumulative and not exclusive, and shall not be construed as repealing any other provision of this code or any other remedy to prevent, correct, restrain or abate a violation of the code.

(2) Any person who posts a sign in any public park in the city which purports to regulate public conduct or behavior within the park, and who is not authorized to do so by this section or another provision of this code, shall be guilty of a class four civil violation. Any such sign shall be forthwith removed by the director of recreation, parks and cultural activities. Any person who defaces, damages or alters a sign that has been posted pursuant to this section shall be guilty of a class four civil violation.

(3) The director of recreation, parks and cultural activities is authorized to issue permits for the use of any public park in the city as the location for a gathering, game, event or similar occasion. Such permits shall be in writing, and shall set forth such terms and conditions as the director determines may be reasonable. In issuing these permits, the director may exempt the permitted gathering, game, event or similar occasion from some or all of the prohibitions of conduct established by signs posted pursuant to this section; provided, that any such exemption shall be expressly set out in the issued permit, and the permittee shall at all times keep a copy of the permit at the site of the gathering, game, event or other occasion, and shall make the copy available for inspection by any police officer or employee of the department of recreation, parks, and cultural activities who is authorized to enforce this section.

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

KERRY J. DONLEY
Mayor

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *

22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to provide for the relocation of the absentee ballot precinct to 132 North Royal Street. (#12 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4082

AN ORDINANCE to amend and reordain Section 2-2-11 (ESTABLISHMENT OFCENTRAL ABSENTEE VOTER ELECTION DISTRICT AND VOTING PLACE), of Chapter 2 (ELECTIONS), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-2-11 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended to read as follows:

Sec. 2-2-11 Establishment of central absentee voter election district and voting place.

There is hereby established for the City of Alexandria one Central Absentee Voter Election District, to be used for all elections. The voting place of the Central Absentee Voter Election District shall be located at 132 North Royal Street, Alexandria, Virginia. The Central Absentee Voter Election District shall conform in all respects with the provisions of section 24.2-712 of the Code of Virginia (1950), as amended.













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

KERRY J. DONLEY
Mayor

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *

23. Public Hearing, Second reading and Final Passage of AN ORDINANCE to amend the city code by changing the street name of Nottingham Drive, which is located within the Mark Center development, to Mark Center Drive. (#13 11/9/99) [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 on 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. 4083

AN ORDINANCE to amend Section 5-2-62 (CHANGES OF NAMES) of Article C (STREET NAMES), Chapter 2 (STREETS AND SIDEWALKS), 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 5-2-62 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new subsection (12) to read as follows:

(12) Change of name as of November 13, 1999:

New Name Old Name General Location

Mark Center Drive Nottingham Drive Within Mark Center running between Seminary Road and North Beauregard Street.

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

KERRY J. DONLEY
Mayor

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public street right-of-way of Jamieson Avenue that is adjacent to the rear of the property with frontage at 1460 Duke Street. (#22(b) 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Ellen Pickering, 103 Roberts Lane, asked if this was needed to meet the density requirement; what is the City getting in return; and are there going to be some variances and crown coverings?

Planning and Zoning Director Lynn and Real Estate Assessments Director Sanderson responded to her concerns.

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

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

The ordinance finally passed reads as follows:




ORDINANCE NO. 4084

AN ORDINANCE to vacate a portion of the public street right-of-way of Jamieson Avenue, located adjacent to the southern edge of the parcel of real property at 1460 Duke Street, in the City of Alexandria, Virginia.

WHEREAS, Duke-Jamieson L.L.C. (“Applicant”), which owns the parcel of real property at 1460 Duke Street in the City of Alexandria, Virginia, has applied for the vacation of an irregularly shaped portion of the Jamieson Avenue public street right-of-way that is located along the southern edge of the parcel; and

WHEREAS, the portion of the Jamieson Avenue public street right-of-way sought to be vacated is shown on the plat, prepared by R.C. Fields, Jr., and Associates, P.C., and dated July 20, 1999, (”Plat”) (attached hereto); and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria have made their report in conjunction with this vacation; and

WHEREAS, pursuant to § 15.2-2008 of the Code of Virginia (1950), as amended, the Council of the City of Alexandria has required that, as a condition of this vacation, said portion of the public street right-of-way to be vacated by this ordinance be purchased by the Applicant for the fair market value, as determined by the city's real estate assessor; and

WHEREAS, in consideration of the report of the viewers, of other evidence relative thereto and of the Applicant’s agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that said portion of the Jamieson Avenue public right-of-way is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, subject to Section 2(a) below, the irregularly shaped portion of the Jamieson Avenue public street right-of-way, as shown on the Plat and as described below, be, and the same hereby is, vacated:


Section 2. That this vacation be, and hereby is, subject to the conditions set forth below:

(a) The portion of Jamieson Avenue described in Section 1 and shown on the Plat as the area to be vacated shall be adjusted, if necessary, to conform to the final alignment of Jamieson Avenue, which is required by development special use permit #99-0042 and which is to be approved by the directors of planning and zoning and transportation and environmental services. In the event such an adjustment to the area to be vacated by this ordinance is made, a notation to this effect shall be made on the face of this ordinance by the director of planning and zoning prior to its recordation, and the adjusted area shall be shown on a revised vacation plat which shall be approved by the director and attached hereto in place of the Plat. In the event an adjustment to the area to be vacated does not need to be made pursuant to development special use permit #99-0042, a notation to this effect shall be made on the face of this ordinance by the director of planning and zoning prior to its (and the attached Plat's) recordation. For purposes of this ordinance, the area to be vacated by the ordinance shall be the area described in Section 1 and shown on the Plat, unless an adjustment to that area is made and approved under this subsection, in which case the approved, adjusted area shall be the area to be vacated.

(b) Applicant shall pay the fair market value of the area to be vacated, as determined by the Office of Real Estate Assessments.

(c) Applicant shall consolidate the area to be vacated into the adjacent parcel of real property at 1460 Duke Street and shall provide the zoning administrator with a plat of consolidation prior to recordation of this ordinance.

(d) Easements shall be reserved for all existing public and private utilities within the area to be vacated.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment referenced in section 2(a) above, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 4. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 5. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth in section 2 have been satisfied, including the placement of a notation on the face of this ordinance as required by section 2(a), and thereafter a copy of this ordinance has been certified by the city clerk and recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above in section 2 has been made to the city and the other conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of DUKE-JAMIESON L.L.C., and such recordation shall be done by the Applicant at its own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat, dated July 20, 1999

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *


Plat


25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way of Hooff's Run that is immediately adjacent to the property at 1460 Duke Street. (#23(b) 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. 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. 4085

AN ORDINANCE to vacate a portion of the public right-of-way of Hooff’s Run, located adjacent to the western edge of the parcel of real property at 1456 Duke Street, in the City of Alexandria, Virginia.

WHEREAS, Duke-Jamieson L.L.C. (“Applicant”), which owns the parcel of a real property at 1456 Duke Street in the City of Alexandria, Virginia, has applied for the vacation of an irregularly shaped portion of the Hooff's Run public right-of-way that is located along the western edge of the parcel; and

WHEREAS, the portion of the Hooff's Run public right-of-way sought to be vacated is shown on the plat, prepared by R.C. Fields, Jr., and Associates, P.C., and dated August 16, 1999, ("Plat") (attached hereto); and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, pursuant to § 15.2-2008 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, said portion of the public right-of-way to be vacated by this ordinance be purchased by the Applicant for the fair market value, as determined by the city's real estate assessor; and






WHEREAS, in consideration of the report of the viewers of other evidence relative thereto and of the Applicant’s agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that said portion of the Hooff's Run public right-of-way is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the irregularly shaped portion of the Hooff's Run public right-of-way, as shown on the Plat and as described below, be, and the same hereby is, vacated:

Section 2. That this vacation be, and hereby is, subject to the conditions set forth below:

(a) Applicant shall pay the fair market value of the area to be vacated, as determined by the Office of Real Estate Assessments.

(b) Applicant shall consolidate the area to be vacated into the adjacent parcel of real property at 1456 Duke Street, and provide the zoning administrator with a plat of consolidation prior to recordation of this ordinance.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment referenced in section 2(a) above, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 4. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.



Section 5. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth in section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above in section 2(a) has been made to the city and the other conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of DUKE-JAMIESON L.L.C., and such recordation shall be done by the Applicant at its own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *



Plat


26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property at 1460 Duke Street, and of the vacated portions of the public rights-of-way of Hooff's Run and Jamieson Avenue accomplished by Vacations 99-0004 and 99-0005, from OCM-100/Office Commercial Medium and CDD #1-Coordinated Development District, to OCH/Office Commercial High. (#14 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. 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. 4086

AN ORDINANCE to amend and reordain the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such master plan as Master Plan Amendment No. 99-0005 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 99-0005, an application has been made to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, by changing the land use designation of the property at 1460 Duke Street, and of the portions adjacent of the public rights-of-way of Hooff’s Run and Jamieson Avenue which have been vacated pursuant to Vacation Nos. 99-0004 and 99-0005, from OCM-100/Office Commercial Medium and CDD-1/Coordinated Development District No. 1 to OCH/Office Commercial High.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,



THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Land Use Plan Map of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, be, and the same hereby is, amended by changing the land use designation of the property at 1460 Duke Street, and of the portion adjacent of the public rights-of-way of Hooff’s Run and Jamieson Avenue which have been vacated pursuant to Vacation Nos. 99-0004 and 99-0005, from OCM-100/Office Commercial Medium and CDD-1/Coordinated Development District No. 1 to OCH/Office Commercial High.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map amendment as part of the King Street/Eisenhower Avenue Small Area Plan Chapter of 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 3. That the 1992 Master Plan (1998 ed.) of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *


Plat


27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city zoning ordinance to rezone the property at 1460 Duke Street, and the vacated portions of the public rights-of-way of Hooff's Run and Jamieson Avenue accomplished by Vacations 99-0004 and 99-0005, from OCM-100/Medium and CDD #1-Coordinated Development District, to OCH/Office Commercial High, with proffers. (#15 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. 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. 4087

AN ORDINANCE to amend and reordain Sheet No. 73.02 and Sheet No. 73.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES), of the City of Alexandria Zoning Ordinance, by rezoning the property at 1460 Duke Street and certain adjacent areas (ZONING MAP AND TAX MAP PARCEL NOS. 73.02-08-09, 73.02-08-08(part) and 73.04-02-03(part)) from OCM-100/Office Commercial Medium Zone and CDD-1/Coordinated Development District No. 1 Zone to OCH/Office Commercial High Zone, subject to a proffer (REZ No. 99-0005), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. An application has been submitted to rezone the property at 1460 Duke Street, and the portions of the public rights-of-way of Hoof’s Run and Jamieson Avenue which have been vacated pursuant to Vacation Nos. 99-0004 and 99-0005, (ZONING MAP AND TAX MAP PARCEL NOS. 73.02-08-09, 73.02-08-08(part) and 73.04-02-03(part)), from OCM-100/Office Commercial Medium Zone and CDD-1/Coordinated Development District No. 1 Zone to OCH/Office Commercial High Zone, subject to a proffer limiting use of the property to a hotel;

2. The said rezoning is in conformity with the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, as amended;

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 73.02 and Sheet No. 73.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

Subject, however, to the following proffer:

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 73.02 and Sheet No. 73.04 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Attachment: Sketch Plan entitled “MPA #99-0005; REZ #99-0005”

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *



Plat


28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property at 300 North Henry Street from CL/Commercial Low to RM/Residential Medium. (#16 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. 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. 4088

AN ORDINANCE to amend and reordain Sheet No. 64.01 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES), of the City of Alexandria Zoning Ordinance, by rezoning the property at 300 North Henry Street (Zoning Map and Tax Map Parcel No. 64.01-13-22) from CL/Commercial Low Zone to RB/Townhouse Zone (REZ No. 99-0011), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. An application has been submitted to rezone the property at 300 North Henry Street (Zoning and Tax Map Parcel No. 64.01-13-22) from CL/Commercial Low Zone to RB/Townhouse Zone;

2. The said rezoning is in conformity with the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, as amended;

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 64.01 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:




Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 64.01 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Attachment: Sketch plan entitled “MPA #99-0011; REZ #99-0011”

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *



Plat



29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city zoning ordinance to rezone the property at 300 North Henry Street from CL/Commercial Low to RB/Townhouse Zone. (#17 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. 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. 4089

AN ORDINANCE to amend and reordain the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such master plan as Master Plan Amendment No. 99-0011 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 99-0011, an application has been made to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, by changing the land use designation of the property known as 300 North Henry Street from CL/Commercial Low to RM/Residential Medium.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Land Use Plan Map of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, be, and the same hereby is, amended by changing the land use designation of the property known as 300 North Henry Street from CL/Commercial Low to RM/Residential Medium, as shown on the sketch plan entitled “MPA # 99-0011 REZ # 99-0011,” and dated 10/5/99, attached hereto and incorporated fully herein by reference.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map amendment as part of the Braddock Road Metro Station Small Area Plan Chapter of 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 3. That the 1992 Master Plan (1998 ed.) of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *



Plat


30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way at 346 Commerce Street and 1447 Duke Street for entrance steps, a wheelchair lift and an areaway. (#18 11/9/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4090

AN ORDINANCE authorizing the owner of Shiloh Baptist Church, and the owner's successors-in-title, to establish and maintain an encroachment into the public street right-of-way of 346 Commerce Street and 1447 Duke Street, in the City of Alexandria, Virginia.

WHEREAS, Shiloh Baptist Church is the owner of the property located at 346 Commerce Street in the City of Alexandria, Virginia; and

WHEREAS, Shiloh Baptist Church desires to establish and maintain a wheelchair lift and an areaway, both of which will encroach into the public street right-of-way at 346 Commerce Street and 1447 Duke Street, as said encroachment is shown on the “Plat Showing Proposed Encroachment #346 Commerce Street, City of Alexandria, Virginia,” prepared by R.C. Fields, Jr., and dated September 24, 1999 (“Plat”) (attached hereto); and

WHEREAS, the public right-of-way at that point on 346 Commerce Street and 1447 Duke Street will not be significantly impaired by this encroachment; and

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

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



Section 1. That Shiloh Baptist Church and its successors-in-title (hereafter the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public street right-of-way of 346 Commerce Street and 1447 Duke Street in the City of Alexandria, as shown on the Plat, said encroachment consisting of a wheelchair lift, approximately five feet in length and one foot in width, and an areaway, approximately 14.83 feet in length and 4.7 feet in width, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

Bodily Injury: $1,0000,000 each occurrence
$3,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$3,000,000 aggregate

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

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

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

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

Section 6. That 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 7. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment: Encroachment Plat, dated September 24, 1999.

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *


Plat


31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public alley right-of-way behind the property at 3100-3102 Commonwealth Avenue, for additional parking, a dumpster and a fence. (#19 11/9/99) [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 on 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. 4091

AN ORDINANCE authorizing the owner of Commonwealth Terrace Apartments, and the owner's successors-in-title, to establish and maintain an encroachment into the right-of-way of the public alley behind the owner’s property at 3100-3102 Commonwealth Avenue, in the City of Alexandria, Virginia.

WHEREAS, Commonwealth Terrace, L.L.C., is the owner of the Commonwealth Terrace Apartments, located at 3100-3102 Commonwealth Avenue in the City of Alexandria, Virginia; and

WHEREAS, Commonwealth L.L.C., desires to establish and maintain 10 parking spaces, a six-foot tall wooden fence and a garbage dumpster in the public alley right-of-way behind the owner’s property at 3100-3102 Commonwealth Avenue; and

WHEREAS, the right-of-way at that point on the public alley behind the owner’s property at 3100-3102 Commonwealth Avenue 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, subject to the conditions set out in Section 2, Commonwealth Terrace L.L.C., and its successors-in-title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the right-of-way of the public alley located behind owner’s property at 3100-3102 Commonwealth Avenue in the City of Alexandria, said encroachment consisting of ten parking spaces, a six-foot tall wooden fence and a garbage dumpster, 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 described in Section 1 shall be subject to the following conditions:

(a) Within 60 days of the enactment of this ordinance, Owner shall convey to the city an emergency vehicle and a public access easement of a size and at a location on its property that are acceptable to the director of transportation and environmental services and the fire marshal; said emergency vehicle easement shall be sufficient to accommodate emergency and public service vehicles, and said public access easement shall be sufficient to provide access to the parking garage that is located on property adjacent to and north of Owner's property.

(b) Owner shall be responsible for maintenance of the paved area over the public alley and the public access easement provided pursuant to subsection (a).

(c) Owner shall not block access to the garage located on adjacent property to the north of Owner's property.

(d) Owner shall ensure that the lighting in the parking lot behind its property shall be maintained at a minimum of 2.0 foot candles.

(e) Within 30 days of the enactment of this ordinance, Owner shall submit to the director of planning and zoning, for his approval, a revised encroachment plat which shows the location of the parking spaces, fence and dumpster allowed by this ordinance to encroach into the public alley behind Owner's property, and the location of the emergency vehicle and public access easements required by subsection (a).

(f) The authorization to occupy the public alley right-of-way that is provided by this ordinance shall be not effective unless and until the director of transportation and environmental services and the fire marshal determine that the easements provided pursuant to subsection (a) are sufficient, and the director of planning and zoning approves the revised encroachment plan provided pursuant to subsection (e).

(g) Owner shall remove the parking spaces, fence and dumpster from the public alley within 30 days of the city's approval of a site, or other, plan providing for the development of property adjacent to the alley that requires access to the public portion of the alley.

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

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

Section 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, in addition to the conditions in Section 2, 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 the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 8. That this ordinance shall be effective upon the date and at the time of its final passage, but the authorization to establish and maintain the encroachment described in Section 1 shall not be effective until the determinations required by Section 2(f) have been made by the fire marshal, the director of transportation and environmental services, and the director of planning and zoning.

KERRY J. DONLEY
Mayor

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *

32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public street right-of-way between Slater's Lane and West Abingdon Drive, adjacent to the property at 1420 West Abingdon Drive. (#20 11/9/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum 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. 32; 11/13/99, and is incorporated herewith as part of this record by reference.

Copies of photographs submitted by Michael O'Neil are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 11/13/99, 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 O'Neil, 731 Bernard Street, spoke in support of the ordinance as proposed;

Barbara L. Clark, 731 Bernard Street, spoke in support of the ordinance as proposed;

Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, spoke in support of the ordinance as proposed; and

Douglas E. McKinley, 100 North Pitt Street, Suite 201, attorney representing Columbia Realty Venture, spoke against the conditions contained in the ordinance as proposed.







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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4092

AN ORDINANCE to vacate the public street right-of-way between Slaters Lane and West Abingdon Drive, in the City of Alexandria, Virginia.

WHEREAS, Columbia Realty Venture ("Applicant") wishes to vacate the public street right-of-way between Slaters Lane and West Abingdon Drive, in the City of Alexandria, Virginia; and

WHEREAS, the right-of-way to be vacated by this ordinance is shown on the plat, prepared by Christopher Consultants, Ltd., and dated July 29, 1999 (“Plat”) (attached hereto); and

WHEREAS, the vacation of this right-of-way has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria have made their report in conjunction with this vacation; and

WHEREAS, pursuant to § 15.2-2008 of the Code of Virginia (1950), as amended, the Council of the City of Alexandria is authorized to require, as a condition of this vacation, that the portion of the public right-of-way being vacated be purchased by the Applicant at its fair market value, as determined by the city's real estate assessor; and

WHEREAS, the Council of the City of Alexandria has determined not to require the payment by Applicant of the fair market value of the area being vacated, in light of Applicant's acceptance of and agreement to comply with the conditions set forth below; and

WHEREAS, in consideration of the report of the viewers, of other evidence relative thereto and of the agreement of Applicant to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the right-of-way is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:


Section 1. That the public street right-of-way, as shown on the Plat and described below, be, and the same hereby is, vacated:

(1) with a curve to the left having a central angle of 48°51'45", a radius of 25.00 feet, an arc distance of 21.32 feet and a chord length of 20.68 feet which bears N 18°48'39" W to a point of tangency;

(2) N 43°14'14" W, a distance of 347.14 feet to a point of curvature;

(3) with a curve to the left having a central angle of 52°17'04", a radius of 25.00 feet, an arc distance of 22.81 feet and a chord length of 22.03 feet which bears N 69°22'33" W to a point in the southerly right-of-way line of Slaters Lane; thence, with the southerly right-of-way line of Slaters Lane, N 84°29'07" E, a distance of 56.52 feet to the point of beginning, containing 12,007 square feet or 0.2757 acre, more or less.

Section 2. That this vacation be, and hereby is, subject to the conditions set forth below:

(b) Applicant shall reserve easements within the area to be vacated for all public utilities, to the satisfaction of the director of transportation & environmental services;

(c) Applicant shall dedicate an emergency vehicle easement over the area to be vacated, to the satisfaction of the fire marshal; and


(d) Applicant shall consolidate the area to be vacated into the adjacent property at 1420 West Abingdon Drive, and provide the zoning administrator with a plat of consolidation prior to recordation of this ordinance.

Section 3. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 4. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth in section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and recorded among the city land records as deeds are recorded. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of COLUMBIA REALTY VENTURE.


KERRY J. DONLEY
Mayor

Attachment: Vacation Plat, dated July 29, 1999

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *



Plat


33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City Code by adopting, with certain revisions, the 1999 Model Food Code, issued by the U.S. Food and Drug Administration/Public Health Service of the U.S. Department of Health and Human Services, as the Food Code for the City of Alexandria. (#21 11/9/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum 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. 33; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Peterson's letter dated November 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Mitchell's letter dated November 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 33; 11/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Pritchett's letter dated November 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 33; 11/13/99, 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:

Deborah Bombard, 205 West Glendale Avenue, representing the Alexandria Public Health Advisory Council, spoke in support; and

Eric C. Peterson, 1501 Lee Highway, Arlington, representing the Restaurant Association of Metropolitan Washington, spoke to the issues in his letter dated November 12, 1999.

Environmental Health Director Pritchett responded to questions directed to him by Council.

Mr. Pritchett was requested to come back with an amendment to the ordinance modifying the effective date in the event that the FDA has not approved the Food Advisory Criteria by May 13, 2000.

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

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

The ordinance finally passed reads as follows:


ORDINANCE NO. 4093

AN ORDINANCE to amend and reordain Section 11-2-3 (ADOPTION OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION/PUBLIC HEALTH SERVICE 1997 FOOD CODE) and Section 11-2-5 (MODIFICATIONS TO FDA FOOD CODE), of Article A (GENERAL PROVISIONS), Chapter 2 (FOOD AND FOOD ESTABLISHMENTS), Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the health and safety of the public requires the regulation of food and food establishments located within the City of Alexandria; and

WHEREAS, existing provisions of the city code that govern the cleanliness and sanitation of food and food establishments are based upon the 1997 Model Food Code of the United States Food and Drug Administration ("FDA"); and

WHEREAS, the FDA intended that its Model Food Code would be updated and revised every two years, in order to incorporate the most current scientific knowledge and new technologies in the food packaging and food service industries; and

WHEREAS, the FDA has recently promulgated its 1999 Model Food Code, which incorporates nationally recognized health and sanitation standards designed to provide the greatest possible protection from and prevention of infectious and non-infectious food-borne diseases; and

WHEREAS, the regulatory scheme set out in the 1999 FDA Model Food Code is presently employed in numerous food industries, as well as the meat and poultry inspection systems of the federal government, and has been endorsed by the National Conference for Food Protection, the National Restaurant Association, the Restaurant Association of Metropolitan Washington, and the Human Services Committee and the Chief Administrative Officers Committee of the Northern Virginia Planning District Commission; and

WHEREAS, neighboring jurisdictions in Northern Virginia plan to adopt the 1999 FDA Model Food Code, and the adoption of this code by the City of Alexandria will help to establish uniform standards for the regulation of food and food establishments in the region; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 11-2-3 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. 11-2-3 Adoption of the United States Food and Drug Administration/Public Health Service 1999 Food Code.

(a) Chapters 1 through 8, inclusive, and all appendices and annexes of the United States Food and Drug Administration/Public Health Service 1999 Food Code ("FDA Food Code"), as adopted and promulgated by the United States Food and Drug Administration/Public Health Service ("FDA/USPHS"), including such chapters, appendices and annexes as may hereafter be amended from time to time, but excepting the portions of the FDA Food Code addressed in section 11-2-5(a) and (c), are hereby adopted and incorporated in their entirety into this chapter as if fully set forth herein. In the event of conflict or inconsistency between this chapter and the FDA Food Code, the provisions of this chapter shall control. When used in the FDA Food Code, the term "Health Authority" shall mean the director or his designee.

(b) The director is hereby authorized to promulgate regulations consistent with this chapter that are designed to assist in the administration and enforcement of this chapter. In promulgating regulations, the director shall consider accepted standards of health, hygiene, sanitation, safety and physical plant management. Any regulations prepared by the director shall not become effective until they have been presented to and approved by city council.

(c) A certified copy of the FDA Food Code shall be maintained by the director at the main administrative office of the health department and shall be available for review by members of the public.

Section 2. That Section 11-2-5 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. 11-2-5 Modifications to FDA Food Code.

(a) The portions of the FDA Food Code addressed in this subsection are not adopted by incorporation into this chapter. Rather, they are modified in the manner set out below, and their modified versions shall apply in the city:

(1) Section 3-301.11(B) of the FDA Food Code is modified to read as follows:

(2) Section 3-501.16(c)(2) of the FDA Food Code is modified to read, “Within 3 years of the REGULATORY AUTHORITY’S adoption of this Code, the EQUIPMENT is upgraded or replaced to maintain FOOD at a temperature of 5°C (41°F) or less.”.

(3) Section 8-802.10(A) of Annex 1 of the FDA Food Code is modified to read as follows:



(b) The provisions contained in section 3-603.11 of the FDA Food Code shall become effective on May 13, 2000.

(c) Sections 6-202.18, 8-201.11, 8-201.12, 8-303.10 and 8-304.10 of the FDA Food Code are not adopted or incorporated into this chapter and shall be of no effect in the city.

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

KERRY J. DONLEY
Mayor

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/13/99
Final Passage: 11/13/99
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (34-38)

Planning Commission (continued)

34. SPECIAL USE PERMIT #99-0058 -- 4116 WHEELER AV -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned I/Industrial. Applicant: Cheryl Edwards.

COMMISSION ACTION: Deferred 7-0

35. SPECIAL USE PERMIT #99-0083 -- 3600 JEFFERSON DAVIS HY -- ALEXANDRIA IMPORTS & LEASING -- Public Hearing and Consideration of a request for extension and reapproval of a special use permit for an automobile sales business; zoned CDD-7/Coordinated Development District. Applicant: Effat Karimian and Frank Karimian, by William C. Thomas, attorney.

COMMISSION ACTION: Deferred 7-0

36. 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.

COMMISSION ACTION: Deferred (notice)

37. SPECIAL USE PERMIT #99-0114 -- 117 KING ST -- Public Hearing and Consideration of a request for a special use permit for the expansion of an existing restaurant; zoned CD/Commercial Downtown. Applicant: Landini Brothers Inc., by Franco Landini.

COMMISSION ACTION: Deferred (notice)

38. SPECIAL USE PERMIT #99-0121 -- 4825-A EISENHOWER AV -- EISENHOWER CAFE -- Public Hearing and Consideration of a request for a special use permit to change the ownership of an existing restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Sang Kim.

COMMISSION ACTION: Deferred (notice)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the deferrals.
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New Business Item No. 3: Council Member Rich spoke to the naming of the new west end school. He initially had supported Councilman Speck's suggestion that it be named after Armistead Boothe; however, this week there was an article in the paper indicating that the School Board had a process in which it came up with a list of recommended names. Armistead Boothe was not number one at the top of that list, but he was number two. At the top of the list was Samuel Tucker. Mr. Tucker was a civil rights activist who initiated litigation against the City in the mid-to-late thirties to allow African-Americans to go to our public libraries. He also challenged the practice of excluding blacks from juries in criminal cases and there is a whole list of other things that he did in the interest of civil rights. Council Member Rich stated that he hates changing his mind, but having heard the other name suggested, he wanted to go on record saying that the School Board should accept the top recommendation. Mr. Tucker's risks were not to his political career but they were to his livelihood, his family and possibly his life, and he thought that is something that should be taken into account when we try to identify our heroes for naming our buildings and giving honor. He indicated that he certainly thinks that Armistead Boothe should have something significant in this City named after him, but under all of the circumstances and given the whole history of this City, he thinks that the naming of the new school for Mr. Tucker would be totally appropriate.

Councilman Speck stated that he suggested to the chair of the School Board that both as a time-saver for the future and as well as a recognition of the extraordinary contributions of both people, that whichever of the two is not selected for this school that the School Board make the decision at that time that the next school facility be named for that person. So, not only is there a recognition of both people and their great contributions to the City and to the cause of civil rights, but it also saves some time and controversy for the future.

Vice Mayor Euille spoke to the movie that was filmed in the City regarding Samuel Tucker.

Members of Council participated in the discussion.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, at 2:55 p.m., the Public Hearing Meeting of Saturday, November 13, 1999, was adjourned. The voting was as follows:

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